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chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Forum to discuss all things Blarney | Ireland immigration

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arz1986
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by arz1986 » Fri Jan 03, 2020 7:12 pm

azee81 wrote:
Fri Jan 03, 2020 6:47 pm
my case is in with repatriation department since they revoke my eufam 4 permission in 2016 .
but its all confusing because my solicitor told me that your case comes under eu law. and section 3 application is coming under irish law .
I am in confusion as well. donot waste money on solicitors, they are not sure as well. Let INIS take some position on chenchooliah case, then, things will be clearer. In my case, I never get EUFAM, my application is refused and review is refused then case go to repatriation unit in 2017.

arz1986
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by arz1986 » Sun Jan 05, 2020 2:19 am

https://www.bailii.org/ie/cases/IEHC/20 ... HC834.html
i think this is second judgement, related to chenchooliah case. nadeem vs minister of justice.

azee81
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Sun Jan 05, 2020 12:57 pm

i gone through this judgement but i cantt understand what exactly this judgment says .

finalversion_2k
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by finalversion_2k » Mon Jan 06, 2020 12:59 pm

Hi all,

today I'm so dishearten after 16 months I got refusal letter for my Retention application.

can't believe this, as she was in Ireland doing job and exercising her rights. On same letter they accept she was working in 2014, 2017,2018 and also said she wasn't exercising her rights.. below were the main documents, which was enough for any sensible person to know, she was in state or not.. Not sure they even try to authenticate any of that document..

Payslips before, between and After divorce. (She was working in 2014,2017,2018)
Medical insurances for current and previous years.
Doctor recipes for Current And Previous Years.
Dentist Recipes
Joint bank Account statements for previous 5 years, last Account balance was 15K (Active)
GYM card with her photo.
Social Welfare Letter collected be herself was also stamp and dated.
Matter Hospital reports after divorce.
Bills for previous 5 years
PRTB, Lease for previous 5 years..


There response:
"However, information available to the minister, from the Polish Authorities, indicate that the EU citizen Mis. XYZ has been residing in Poland from 2014 to 2018. In that regards, please be advised that Regulation 27(1) of the regulation provides that the Minister may revoke or refuse to grant as the case may be a right of residence in the state where he decides that right is being claimed on the basis of fraud or abuse of rights. please note that abuse of rights includes a marriage of continence."

If she wasn't in the state then they should provide the Dates when she left Ireland, they way how they do with Other applicants??

Not sure what else should I provide?? spoke to solicitor and she said her statement might help?? not sure will this really help??

Now also don't know where i Stand.. am I fell in Chenchooliah case OR not??

will really appreciate if anyone can suggest anything..


Thanks,
Kind Regards

azee81
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Mon Jan 06, 2020 1:59 pm

thats very sad, did they give you review option?

finalversion_2k
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by finalversion_2k » Mon Jan 06, 2020 2:01 pm

Yes 21 Days time they gave me.. I lost faith on DOJ, like what else document they were expecting??

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griffith
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by griffith » Mon Jan 06, 2020 2:25 pm

finalversion_2k wrote:
Mon Jan 06, 2020 2:01 pm
Yes 21 Days time they gave me.. I lost faith on DOJ, like what else document they were expecting??
Was she ever employed in Poland??
Or engaged in any other activity in Poland??
Stay strong & never Give up!

Obie
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Obie » Mon Jan 06, 2020 2:48 pm

Because a person resides in one country does not mean they cannot reside in another.

The question is whether she was residing in Ireland at all.
Seasons greetings to everyone and a prosperous 2020

finalversion_2k
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by finalversion_2k » Mon Jan 06, 2020 3:24 pm

Thanks @Obie for reply..

she was residing in Ireland, that's how I was able to provide each and every document where her name was mentioned.. they mentioned Polish embassy told them she was living in poland from 2014 to 2018.. 500 pages file, solicitor words they are drawing every asian with same brush..

I believe DOJ wrote this because In FOI Index page they mentioned 'Reply from Polish Embassy' they didn't grant me that letter but it was mentioned in there index page..

any suggestions how can I tackle this OR convince them she was in Ireland..

finalversion_2k
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by finalversion_2k » Mon Jan 06, 2020 3:25 pm

@griffith : yes she was employed in Poland before Ireland.. do you think this is linked to decision??

Obie
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Obie » Mon Jan 06, 2020 3:35 pm

Was she in employment.

It is unclear what the Polish embassy based their reply on. Was she in full time employment there, was she receiving benefits there, registered as residence for tax purposes there?

Can she provide an affidavit or statement to counteract that.

It is hard to express a view without full knowledge of what the Polish authority is basing the info the provided the department on.
Seasons greetings to everyone and a prosperous 2020

finalversion_2k
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by finalversion_2k » Mon Jan 06, 2020 3:44 pm

@Obie : solicitor said if we get her statement under oath, then we can put strong appeal.. and if still they refused then we will go for judicial review. Hope this answer 'Can she provide an affidavit or statement to counteract that.' !!

may I ask what information EU countries can share??

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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by CR001 » Mon Jan 06, 2020 3:49 pm

Obie wrote:
Mon Jan 06, 2020 3:35 pm
Was she in employment.

It is unclear what the Polish embassy based their reply on. Was she in full time employment there, was she receiving benefits there, registered as residence for tax purposes there?

Can she provide an affidavit or statement to counteract that.

It is hard to express a view without full knowledge of what the Polish authority is basing the info the provided the department on.
Hi Obie,

Might be worthwhile continuing this users questions/answers in their own topic they already have, which is quite lengthy.

ireland/stages-of-retention-t263076-40.html

Kind regards

Char
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Obie
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Obie » Mon Jan 06, 2020 3:55 pm

Sorry Char I was unaware.

Not sure why people don't like sticking to their topic.
Seasons greetings to everyone and a prosperous 2020

finalversion_2k
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by finalversion_2k » Mon Jan 06, 2020 4:02 pm

Sorry Admins.. I believe Question fell into both categories..

If she was out of country that means I should fell into chenchooliah case.. if not then in Retention.. Bother topics were created by me..

Kind Regards,

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griffith
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by griffith » Mon Jan 06, 2020 4:19 pm

I dont think your case is affected by the chencholiah judgement.
The minister will surely tell your solicitor as to why the polish authority beleive that she was residing in poland.
Your solicitor can only do something once they find out the reason as to why the polish authority said this.

Are you sure her polish employment was ceased when she stopped working??? In some countries casual jobs are normally cash in hand and unregistered, if this is the case than she must be taking benefits or registered in a college or university.

Was the marriage registered in poland?
Stay strong & never Give up!

finalversion_2k
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by finalversion_2k » Mon Jan 06, 2020 4:28 pm

Thanks @griffith : so you are saying i should expect another letter from minister stating why Polish authorities believe she is living in Poland not Ireland?? I'm not sure they tell the reason in those cases.. should I ask my solicitor to ask for reason why they think she wasn't in Ireland??

Yes marriage was registered in poland, that's how we were able to apply divorce there..

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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Shan786 » Tue Jan 07, 2020 12:33 pm

Guys I don’t know where my question is relevant to which thread.. but I have 1 question “ is this fight or struggle with regards to Eufam ever gonna end” feels like the minister is just turning a blind eye to it and no solicitor in Ireland really has the competence to fight any of our case .. people are waiting for a response for their case for ages.. so many families r stressed out and it’s affecting the children as well .. chenchoolliah is fighting her case since 2005 now we r 2020.. people have been living in Ireland for over 14 years yet the minister is not taking any actions..

Any views guys..
regards

azee81
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Tue Jan 14, 2020 1:24 pm

guys, any news about the judgement its been so long now

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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Unknown person » Tue Jan 14, 2020 11:39 pm

Hi azee I met solicitor last week about my case and he give me some hope and he said the department is doing reform in this case because they have to make some legislation they are working on it due to Christmas holidays office was close so hopefully next few weeks department will announce that and also he said to me that chinchoolia case is also won by applicant in Irish court of Justice hopefully will be good news,, due to web t&c cant disclose solicitor name and firm ,,,

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