Irish C-Visa Judicial Review decision published

Jawshan wrote:

Sidrameez991 wrote: Hi
What is Schengen visa?? Can u plz tell me. I heard that decision for 2 peoples will effect all the applications n hopefull they will process soon.

1- Schengen Visa is for schengen zone countries, such as Germany, France, Itely, Malta...etc check out in google for full list of schengen zone countries.

2- Irish High Court Decision on Join EU Family accompany Process delay is only on behalf of Atif Mahmood and Shabina Atif Case but as that Case was a test case so it has important impact on all other 7000 pending applications. I can not say that state will process all 7000 applications in 6 weeks but I am sure if state recieve the Court order The process will be faster for all Join/Acc Eu Citizen Visa applications specially for qualifying Family Members of EU Citizens.

Does anyone know if state appealed or not? As Sinnott Solicitors said that state has time to appeal until 1th November.

Im following this ridiculous visa hassle story for more than a year now, just the read the 70 pages published by Sinnott Solicitors, the visa office argument is just ridiculous, maybe there is some terrorist threat and some scam marriages but to delay ALL application that much is non-sense. Sinnott noted that eu treaty rights visa takes the LONGEST to decide in Ireland, literally beating ALL other visa types.
Visa office was still arguing that the EU citizen has to first establish themselves and THEN the non-EU spouse can join them which unbelievable, this was NEVER a requirement, and of course they know this but still using it as an argument on the court.
If anyone thinks that the visa office will be processing eu treaty rights visas faster after this court ruling, i warn you all, you are daydreaming!

That is the sad reality, the Irish visa office can afford to operate that ridiculously.

I dont know how much Ireland wants to have a good relation with UK, but that is the first time i can actually believe that Ireland can move out of the EU as well in 5-10 years, just to get rid of the EU freedom of movement, following its big buddy, UK.

and one more thing if some one wants to try to go to UK with only a Schengen visa and EU directive (traveling without visa).

Eventually my wife will become an Irish citizen, of course, being in EU and not having EU citizenship is always worrying as you dont have rights on your own.
The EU can force countries to accept freedom of movement and issue the article 10 card, and after 5 years the article 20 permanent resident card, but this is how far EU can reach. They cant and wont be able to tell or force countries to give citizenship to anyone.

One of the requirement is to be a good character, and travailing without visa even though you have the right to travel with your spouse if it will be registered somehow it could hit you back when applying for citizenship. When you can find many people with small traffic offense causing them years of delay in the citizenship process - again, ridiculous - for me it is better to go on the smoother way.

I assume that when UK leaves the EU Irish citizens will still have the privilege to work in UK without work permit. So with freedom of movement it will be possible to get Irish citizenship and then go to UK, what UK clearly doesnt want, than it is not them who controls immigration. Ireland either has to be strict about immigration and giving out citizenship, or they have to fully integrate into EU and the Schengen zone. And i think Ireland will go along with the big buddy.

Hello Jul1
Thanks for the information, but how can you say for sure that the Court Decision is zero Value fot Department? If you have any Experience that in any EU country, state did not followed the court order please share it with us.

I said it is my opinion seeing what is going on.

Read the court rule, it never mentions that the visa office has to change their practice from now on, they just simply ruled for that specific couple who sued the visa office.
There is no rule or law that this ruling HAS to be used for anyone, the court ruling just typically changing the practince in general cause judges are updating themselves with new ruling, but no one ever said they HAVE to do that, unless there is an actual force coming from EU which would change the law.


In this ruling i did not see any forcing power that the practice must be changed, i any one can correct me about this please share your information.

What you said above is simply wrong . If you understand law, then you will appreciate the concept of a binding precedent.

The court interprets the law and the regulations, and said the delay is inconsistent with the Directive and Ireland's regulation that seeks to give effect to it.

Therefore if not appealed, other affected parties can use it as a binding or persuasive precedent for other cases.

An affected person can also sue the department for contempt of court, as the court has interpreted what the Law of the land should be.

The key over here is

Therefore if not appealed,

, Any update/idea about this?

Obie wrote:
Therefore if not appealed, other affected parties can use it as a binding or persuasive precedent for other cases.

That means if i sue the visa office i can point out this decision, and likely i will win the case, but for that i have to sue the visa office, wait months or over a year, pay the legal fees..., is this possible/worth for all 10.000 applicants? No. Especially when the court stops applicants from suing the office, like this year February.

Also, im not a solicitor but concerning eu treaty rights and ECJ ruling there was some controversial ruling over the years, where one decision goes against the other, so which one to follow? What are the rules about following a recent court decision?

But the biggest question is that, if the visa office was working "unlawfully", trying to use every ridiculous way and argument to slow the processing time what will stop them to keep continuing this practice? With the new ruling they will figure out new different ridiculous ways to do the same.

Hello all
Samar Winter Says
He talked with sinnott Solicitors about the decision of Irish High Court on EUTR Visa Delays. Sinnott Solicitor told him that the State took another 10 days to think about appeal. So everyone have to wait till 11th Nevember.


Up to now I didn't vote for Protest But I have to god damn with this Francis Fetzgerald

Any Good News about Irish High Court Decision..? It's 11th Nevember and still state did not appealed so there must be good news...?

hey... anyone have any news about the high court decision? has the Irish MOJ appealed or not?

We were informed last Friday that the state are appealing the decision of the High court to the Court of Appeal.

Once it is lodged, it will most likely be approximately one year or so before the case is heard before the Court of Appeal due to waiting lists.

Jawshan wrote:We were informed last Friday that the state are appealing the decision of the High court to the Court of Appeal.

Once it is lodged, it will most likely be approximately one year or so before the case is heard before the Court of Appeal due to waiting lists.

Why it will take 1 year to heard the case before the court of Appeal?? It means our visa applications will process after 1 year??

No! They are Processing The Visa applications but slow, and if they wait for the court then Supreme Court usually takes years, maybe 2 years or 3 years to resolve a case.

Jawshan wrote:No! They are Processing The Visa applications but slow, and if they wait for the court then Supreme Court usually takes years, maybe 2 years or 3 years to resolve a case.

I dont think they are processing those 7000 applications. They are processing new ones. We should ask them to return passport n go for another way. What u say?