Latest news with #Esta
RTÉ News
4 hours ago
- Politics
- RTÉ News
Out & Proud: Navigating the "limbo" of transgender healthcare
On this week's Out & Proud, hosted by Trevor Keegan, Grand Marshall at this year's Pride Parade and Chief Executive of Shout Out, Ruadhán Ó Críodáin talks about a difficult year for trans-people globally, the loneliness of travelling for healthcare and some of the supports available in Ireland. When asked about the difficulties faced by trans people in the past year, Ó Críodáin said: "It feels like a very tough year for trans people around the world, yeah. It feels really tough especially when we look quite close to home, in the UK and to some extent Northern Ireland." In particular, he points to the recent decision by the UK Supreme Court that under the Equality Act the term "woman" refers to those who are born biologically female, excluding trans women. "This is targeting trans women in terms of public life, in terms of accessing spaces", he adds, noting that since this decision was passed down there has been confusion over what it will actually mean in practice for service providers and workplaces. "We're seeing a roll-back on rights for trans people in the UK, particularly in England, and we're seeing a roll-back on rights for trans people in the States as well when it comes to things like healthcare and legal recognition. "That does affect Irish people, it's become quite challenging to travel to the US now as a trans person. I won't be going near the States for the next four years while Trump's in power, because they now ask you questions about your assigned sex at birth on the Esta application. My passport says 'male' as a trans man, I can travel safely, that's kind of the whole point of having gender recognition on that passport, for protection. "But now the Esta application effectively forces trans people to out themselves", he added. As for accessing trans healthcare in Ireland, Ó Críodáin says he's been on the waiting list for the National Gender Service for four years. "The waiting list at the moment for trans people to have their first appointment with the Gender Service is anywhere between three and 13 years depending on how you measure it. There's over 2,000 people currently on the waiting list and they're seeing people at a rate of less than 200 a year some years." He added that a list that long means that when a trans person joins the list, they do so "in total hopelessness". Seeking healthcare as a trans person, he says, feels like doing so in a "state of limbo". Keegan also speaks to pharmacist, lecturer and founder member of The Professional Association for Trans Health Ireland (PATHI), Nicola Cantwell who is leading an initiative to make pharmacies "rainbow-ready" to meet the needs of the trans community.
Daily Maverick
3 days ago
- Politics
- Daily Maverick
Constitutional Court ruling a victory for farm dwellers' grazing rights
In a unanimous judgment that has been hailed by some as a progressive step for farm dwellers and opposed by others as a threat to commercial agriculture, the Constitutional Court has set a powerful precedent on the interpretation of grazing rights under the Extension of Security of Tenure Act. The Constitutional Court has handed down a unanimous judgment on an appeal seeking to overturn a ruling on the right to graze cattle under the Extension of Security of Tenure Act (Esta). matter, involving three brothers on a farm owned by the Moladora Trust in North West, first landed in the Land Claims Court (LCC) in 2022. It began when the owners of the farm sought to remove siblings Magalone, Topies and Dikhotso Mereki from property once occupied by their late mother, who had been given permission to graze five cows. She died 'sometime before 2017'. Back then, the matter had served before Judge Susannah Cowen in the Land Claims Court. Judge Cowen has since been selected by the Judicial Service Commission to serve as deputy judge president of the newly established superior Land Court, which now oversees the work of the overburdened Land Claims Court. This court is bound to play a significant role in land reform legislation over the next few decades. Ripples Judge Cowen's judgment sent ripples through agricultural sectors as well as groups supporting farm workers' rights. AgriSA backed the Moladora Trust saying the issue posed a threat to commercial agriculture and food security, while activists, including Women on Farms, praised it. On 1 August, the Constitutional Court, in a judgment authored by Justice Owen Rogers, held that the matter indeed did concern the interpretation of the Extension of Security of Tenure Act (Esta) as contemplated in that famous and burning section 25(6) of the Constitution. This, said Justice Rogers, 'raises several arguable points of general public importance, especially relating to whether consent to graze cattle is a right protected by Esta'. The matter was referred to the Supreme Court of Appeal, which overturned Judge Cowen's ruling rejecting the Land Claims Court's legal approach to the matter and its order. However the ConCourt has ruled that it was 'in the interest of justice' to grant the appeal. Personal rights What exactly was being appealed, you may ask? In 2022 Judge Cowen found that grazing rights were 'personal rights' that arose from the landowner's consent rather than from the act. However, once consent had been granted, this became part of an occupier's tenure rights. There are, as is evident, deep nuances to each case and this was held in mind in the unanimous judgment by a coram of judges consisting of Acting Deputy Chief Justice Mbuyiseli Madlanga, acting justices Glen Goosen, Jody Kollapen and Ingrid Opperman and justices Steven Majiedt, Owen Rogers, Leona Theron and Zukisa Tshiqi. The Mereki brothers had applied to the ConCourt seeking to appeal against the Supreme Court of Appeal ruling, with the Moladora Trust and the Department of Agriculture and Rural Land Reform as respondents in the matter. Judge Cowen's 2022 judgment about the grazing rights of the brothers and the application of the Extension of Security of Tenure Act was viewed as highly progressive by some, and as unworkable by others. Besides, Judge Cowen had also tossed a reminder of 'colonial dispossession' into her ruling and added that 'a generous construction of Esta was to be preferred over a purely textual or legalistic one in this specific instance'. That the Mereki's mother had occupied the North West property prior to her death and had obtained permission to graze five cattle on the land was not in dispute. There are at present nine head of cattle. The trust had argued that this matter did not raise constitutional issues but rather was 'based on a dispute as to whether grazing rights had ever been granted to the brothers'. It noted that 'cattle' had since expanded to include goats, horses and sheep and stated that the siblings had not demonstrated any breach of their constitutional entitlements. It argued that grazing rights fell outside the act and that extending these would 'unjustifiably deprive landowners of their property'. Following legal steps The ConCourt noted that 'the matter had far-reaching implications for the rights of both owners and Esta occupiers and the Land Claims Court, as a specialist forum, was best placed to determine it at first instance'. The court had considered the historical background of dispossession and noted that section 25(6) of the Constitution had been enacted 'with the intention of securing tenure and guaranteeing rights associated with the use of land for cultivation or grazing'. Section 39(1) of the Constitution required that tenure under Esta be given 'a broad and generous interpretation, rather than a narrow one' noted Justice Rogers. The nuance of 'tacit consent' With regard to whether the Merekis had consent to keep cattle on the farm, Judge Cowen had assumed in the Trust's favour in 2022 that the siblings were not occupiers 'in their own right at the time of their mother's death and had derived their right of residence from their parents' status as employees'. She concurred with the trust that the consent which Mrs Mereki had to graze cattle was specific to her but found, however, 'that tacit consent in favour of the Mereki siblings could be inferred from the lengthy period which passed before the first removal notices were given in January 2018 and from the further lengthy period which passed before the second removal notices were given in May 2020'. A 'tacit consent finding' could also be based, noted Judge Cowen, on the presumption in section 3(4), that 'a person who has continuously and openly resided on land for a period of one year shall be presumed to have consent unless the contrary is proved'. The Land Claims Court had concluded that the trust had not been entitled to rely on common law to terminate the Merekis' right to graze cattle. With regard to this the ConCourt ruled that on the facts of the matter tacit consent had to be presumed, unless the trust adduced evidence to rebut this. 'The mere say-so of the owner did not suffice'. Since the trust had not claimed to have terminated the Merekis' consent in accordance with section 8, the application had to be dismissed. However, the Land Claims Court had granted the trust leave to appeal to the Supreme Court of Appeal, which found in its favour. Interpreting Esta In its judgment the ConCourt highlighted provisions that not only referred to residence but also to 'the use of land' in Esta. It held that law makers had not been consistent in their inclusion of 'use of land' when referring to the right to 'reside on land'. This inconsistency, the court held, had to be resolved in favour of an interpretation that broadened rather than diminished the security of tenure afforded to occupiers. It held that the farm owners 'experienced no injustice when required to comply with section 8 in instances where they sought to terminate consent to graze cattle granted to persons residing on the farm with consent'. On the question of whether the Merekis had consent to keep cattle, the court found that there had been no express consent, but that there had indeed been tacit consent. The Land Claims Court had also been entitled to make its findings, and there had been no procedural unfairness in the manner in which Judge Cowen had arrived at her conclusions. The order of the Supreme Court of Appeal was set aside and replaced with one dismissing the trust's appeal in that court against the Land Claims Court's order. The order was made with costs. DM
Times
07-07-2025
- Times
Do I need an Esta to travel to the US? Everything you need to know
The Esta, which was introduced in August 2008, is a pre-authorisation for travel to the US. Citizens from 42 countries — including the UK — must apply for one before travel, unless a proper visa is required. It's important to note that the Esta is not a visa, rather a visa waiver; an authorised application does not necessarily permit entry when you arrive in the US. Google 'Esta application' and you'll find there are many copycat sites willing to apply for one on your behalf; make sure you always use the official site ( Here's what you need to know. Broadly, if you're a Brit travelling to the US for holiday, to see friends and family or for short-term work for fewer than 90 days, then yes. The 42 countries that must apply for an Esta include most of Europe, plus nations including Singapore, New Zealand and South Korea. All children must have an Esta, regardless of their age or whether they're accompanied by their parent or guardian. The exceptions are if you've travelled to a country on the US' so-called 'red list', which includes Yemen and Syria after 2011, or Cuba after 2021. In this case, you'll need to apply for a proper visa, which will involve a visit to the US embassy in London, or the consulates in Belfast and Edinburgh. Note that you will need an Esta even if your flight just transits through an American airport — all connecting passengers are required to go through immigration and recheck their bags. • Discover our full guide to the US Yes, even if you don't get off the ship. The cruise company will check all documents are correct before you board, so apply for an Esta in advance of your departure date — do not wait until the date your ship will eventually call at the US. • The best US cruise lines Typically applications are approved in a few hours, but the official guidance is to apply at least three days before you're due to depart. Airline staff in the country you're leaving will check for a valid Esta before you're due to board, so make sure it's in place before you fly (or cross the land border). Two years, or when you get a new passport — whichever is sooner — and you can make as many trips during that time as you like, as long as no one visit lasts for more than 90 days. You can check the expiry date by logging into the official Esta site and clicking 'check individual status'. • Best places to visit in the US An Esta is $21 (£15) through official channels. However, there are also plenty of unofficial websites that will happily charge an inflated price to apply for one on your behalf; an easy way to tell is to check the price you're quoted. One of the recommendations of President Trump's 'Big Beautiful Bill' is to raise the price of the Esta to $40 (£30), but it's not yet known when this might come into effect. The Esta form will ask you for a 'point of contact' in the US. This could either be a friend or family member you're visiting, or the name and number of the hotel/apartment you've booked. Myriad reasons — but a large number are turned down due to incorrect information being entered, so take extra care when filling in your passport number and personal information. Other reasons could include having a criminal record, previously overstaying a visa or lying on the application about your travel history. If your Esta is rejected, you will likely need to apply for a proper visa. • New York v Toronto: which is better?• Best time to visit the US: when to go and what to do
Straits Times
19-05-2025
- Business
- Straits Times
Japan to launch pre-screening of visa-free travellers in FY 2028
A record 36.87 million foreign travellers visited Japan in 2024, up 47.1 per cent from the previous year. PHOTO: AFP TOKYO - Japan will launch pre-arrival screening of visa-free travellers in fiscal 2028, as the government aims to boost its booming inbound tourism further, according to the Justice Ministry. The government is looking to raise the efficiency of the process by introducing screening modelled on the United States' Electronic System for Travel Authorisation, the ministry said in April. A record 36.87 million foreign travellers visited Japan in 2024, up 47.1 per cent from the previous year, and as tourism is a main pillar in Japan's growth strategy, the government aims to lift the number to 60 million in 2030. Under the new system, travellers from countries with visa exemptions for short-term stays in Japan will be required to provide travel and personal information, such as their names, purposes of stay and locations, at least several days before arrival. The Immigration Services Agency of Japan will be able to examine the travellers' data in advance, and if they have any criminal history or record of illegal stays in Japan, the agency may not allow them to board planes to Japan, the ministry said. According to the Foreign Ministry, nationals of 71 countries and regions, including the US and South Korea, are exempted from obtaining visas for short-term stays. The US established the Esta system in 2001 following the terrorist attacks of Sept 11 that year. A number of other countries, including Canada, have since introduced similar systems. KYODO NEWS Join ST's Telegram channel and get the latest breaking news delivered to you.
Times
21-04-2025
- Times
German teenagers strip-searched by US border guards in Hawaii
Two German teenagers who arrived in Hawaii were strip-searched and detained overnight in the latest example of US border officials treating tourists harshly. Charlotte Pohl, 19, and Maria Lepere, 18, arrived in Honolulu on March 18 but appear to have aroused suspicions by not having accommodation booked for their entire five-week trip. They told the Ostsee-Zeitung newspaper they were made to wear prison overalls and were kept in a cell before being expelled by US Customs and Border Protection, despite both having the Electronic System for Travel Authorisation (Esta) document required for entry into the country. Reports of heavy-handed treatment by border guards may be a factor in a 12 per cent decline in tourism last month compared with a year earlier, according to data
