Immigrationboards.com

[archigabe]

Website from the European commission listing the various options available to someone whose rights as an European National have been violated by Ireland.

http://ec.europa.eu/youreurope/nav/en/citizens/services/eu-guide/enforcing-rights/index_en.html

http://ec.europa.eu/ireland/general_information/legal_information_and_eu_law/enforcement/index_en.htm

http://ec.europa.eu/commission_barroso/frattini/doc/guide_2004_38_ec_en.pdf

Or you can try to complain to the Vice President in charge of Justice, Freedom and Security, Franco Frattini here.

http://ec.europa.eu/commission_barroso/frattini/contact_en.htm

http://ec.europa.eu/civil_service/about/contact/index_en.htm

[archigabe]

I met with a solicitor today and I was informed that it is important to raise the legal challenge within 3 months of the issue of refusal letter issued by the Department of Justice,otherwise it is not possible to appeal through the courts.
I am also writing a list of solicitors who deal with immigration law in Dublin. This list was given to me by the Immigrant Council,so I am not promoting anyone.

Immigration Solicitors in Dublin:

1. Kevin Brophy
Brophy Solicitors,
38 Parliament Street Temple Bar,
Dublin 2
01-6797930

2.Brendan Toale
MacGeehin,Toale and Nagle Solicitors
10 Prospect Road
Harts Corner
Glasnevi
Dublin 9
01 830 7799

3.Conor O'Brian
16 North King Street,
Dublin 7
Phone 01 8734201

4.Derek Stewart
Stewart and Co.
12 Parliament Street,
Dublin2
01 6775011

[yankeegirl]

Archigabe,

Out of curiosity, does the denial letter state that on there?

[archigabe]

No, that's what the solicitor I met told me.It's apparently something like the statute of limitations. The denial letter is just a standard letter saying that we are being denied residency because we didnt live in another E.U country. The one we received didnt say anything about asking us to leave the country, just that they might review the decision based on the court case.

The scary thing that I heard was that the Decision the supreme court makes based on the Kumar case might affect everyone who's in the High Court. So, it doesnt matter if every thing about you is different from the Kumar case, the decision will apply to you on the same basis as Kumar who was here illegally.

I'd like to encourage everyone not to lose heart or be disheartened. They might try to kick you out, but you will always have your spouse and you can always make a new life in another Country.The important thing is that you are together.

[archigabe]

Contact Migrant Rights Center Ireland (www.mrci.ie) and Immigration Council Ireland (www.immigrantcouncil.ie) as well. They have helpful and concrete suggestions.

[Ark]

[Lex]

Hi
I am an Immigration Solicitor and a new member. The High Court will not accept Judicial Review in relation to EU refusals unless they are brought within 6 months from the date of the refusal letter.
Take care
Colm Stanley

[archigabe]

Thanks for letting us know. I'd advice anyone before contacting a solicitor to get references from the immigrant council or the Migrant rights center. The main issue in our opinion is that the Irish 656 is discriminatory against E.U citizens compared to Irish citizens. It places an undue burden on E.U citizens which is not expected from Irish citizens to live in another E.U country...This is contrary to the spirit and letter of the E.U free movement laws whose aim is that Citizens from other E.U countries should have no disadvantage compared to local citizens. Unless you can get to strike down the Irish S.I 656 as unconstitutional, discriminatory and placing an undue burden on E.U citizen families I don't see much change happening.

[Lex]

Hi from Cork
It is still possible to distinguish other judicial review cases from Kumar.
The legal position in Ireland in relation to precedents is that one High Court judgement is not necessarily bound by a prior decision of the High Court.
Therefore it is possible to be granted Leave in a judicial review despite Kumar having lost his case in the High Court.
The real problem is that the High Court has upheld the legalityof the Irish regs and the Supreme Court has this to consider in the near future.
Colm Stanley

[archigabe]

I believe there is a clear case for the misinterpretation by the Irish government of the power of their national legislation (S.I 656/2006) over E.U families

From Directive 2004/38/EC, it is clear that national legislation only applies to extended family members (in-laws,cousins) and not spouses. The fascists at DOJ have no right to use their national legislation to refuse E.U1 applications for spouses.
Here's the relevant part of the Directive 2004/38/EC.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:229:0035:0048:EN:PDF

[Lex]

Damages have been sought in a number of recent judicial review "leave" cases where EU residency has been refused. It would be important in these cases to be able to show actual damages.

[Ark]

[archigabe]

You know, your wife as an American citizen has a real power to change things here for E.U 1 spouses. She could send off some letters addressed to Bertie Ahern, the local T.D's, letters to Editor Metro Ireland,Irish times,'Irish Lobby for Immigration Reform' in the U.S that unless they change their policy in Ireland she is going actively lobby her congressman and senators in the U.S to encourage the I.C.E to pursue every illegal irish immigrant/asylum seeker in the U.S and their families to get them jailed or deported.

If they start getting deported, guess who's going to get the blame? Bertie Ahern and his cronies will be blamed for mishandling things here.

Revenge is not the best attitude to have, but we have to use every legal means we have to get our point across when the Government doesnt care or chooses to be unjust.

Irish Lobby for Immigration Reform USA
ILIR Headquarters
875 Avenue of the Americas,
Suite 2100, NY, NY 10001
Tel: 718 598 7530 | Fax: 212-244-3344

nyoffice@irishlobbyusa.org
http://www.irishlobbyusa.org/
http://www.irishvoices.blogspot.com/

http://www.nysun.com/article/28835

[Ark]

Hmmm, not a bad idea... although I'd probably take a different approach.

I'll try to compose a draft and see how it comes out.

[archigabe]

She doesn't actually have to go through with it. The Irish American lobby seems to have Bertie Ahern's ear and if she wrote to them that she would do her best to get them arrested in the U.S unless they can convince Ahern to change his government's policy regarding her situation in Ireland.

[Ark]

[archigabe]

[Ark]

[astartes]

The "fascists" at the DoJ are just run-of-the mill Irish nationalists, they repeatedly made it clear, like other Irish institutions, that the "lads" expect to have special rights in Europe while exploiting and abusing other Europeans.

This attitude is very common within the Irish political and administrative system, though it is never openly stated in public.

The best course of action for those who seek damages is to encourage the European Commission to take legal action against the RoI in the ECJ, for this and related issues.

[scrudu]

... and he's back ... resurrecting old posts, with unhelpful angry rhetoric .... the absence was just too good to last i guess!