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

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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 » Sun Jan 19, 2020 11:14 pm

I m not sure what to do, my case is already in reptriation unit, section 3 application unit, do, I need to appeal again same unit again already 30 months gone. I think i already make the representation.
The guys, who receive these letter, might be their case is in EU treaty rights unit.
I donot receive this letter till now.
@azee81, do u receive any letter till now.

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

Post by azee81 » Mon Jan 20, 2020 12:15 am

arz1986 wrote:
Sun Jan 19, 2020 11:14 pm
I m not sure what to do, my case is already in reptriation unit, section 3 application unit, do, I need to appeal again same unit again already 30 months gone. I think i already make the representation.
The guys, who receive these letter, might be their case is in EU treaty rights unit.
I donot receive this letter till now.
@azee81, do u receive any letter till now.
no i havent recieve any letter after the one i recieved in jan 2019 saying they are not going to make removal order against me. i am pretty much in the same situation as yours my case is in repatriation unit since oct 2016.

i dont know whats next,

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

Post by FAw02 » Mon Jan 20, 2020 10:39 am

Arz there is a post you have put about your friend that inis propose him 7000euro and he has to withdraw his case from high court. Did he get a romoval letter. This is the result of chechooliah she is now apply again and and has to wait 6month that is 24 weeks. That what is happening to all person who fall in chenchooliah case

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

Post by FAw02 » Mon Jan 20, 2020 10:47 am

Arz1986 ask your friend about the letter its a removal letter you, its not a decsion from high court, it just a settlement that inis has proposed with a money, if you agree the proposal, you remove your case and then your friend will have 15days to reapply, within 6month inis will give a decision. This is for all person that is based on chenchooliah case and those who marriage was scam.

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

Post by arz1986 » Mon Jan 20, 2020 1:43 pm

I talk to him. First thing, he do not get any removal letter. He apply through no win no fees solicitor, so, barrister is asking for 25000. Once, INIS and barrister agree then INIS will reconsider their case and decide within 18-24 weeks. Currently, barrister is negotiation the compensation money, because he think money is too low, case is in finally stage as well.
he get this letter before Chenchooliah judgement.

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

Post by FAw02 » Mon Jan 20, 2020 2:54 pm

Arz this is what inis is doing, for settlement, and this is the result for anyone who is under chenchooliah case,or marriage scam

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

Post by griffith » Mon Jan 20, 2020 10:08 pm

FAw02 wrote:
Mon Jan 20, 2020 2:54 pm
Arz this is what inis is doing, for settlement, and this is the result for anyone who is under chenchooliah case,or marriage scam
I didn't understand.
Do you mean the immigration will compromise on sham marriage cases ?
If the minister establishes that the marriage was a sham marriage than what settlement you are talking about?
Stay strong & never Give up!

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

Post by arz1986 » Tue Jan 21, 2020 12:20 am

griffith wrote:
Mon Jan 20, 2020 10:08 pm
FAw02 wrote:
Mon Jan 20, 2020 2:54 pm
Arz this is what inis is doing, for settlement, and this is the result for anyone who is under chenchooliah case,or marriage scam
I didn't understand.
Do you mean the immigration will compromise on sham marriage cases ?
If the minister establishes that the marriage was a sham marriage than what settlement you are talking about?
Sham marriage, chenchooliah don't apply. I agree with @griffith. We already have post available on it.

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

Post by FAw02 » Tue Jan 21, 2020 8:25 am

I mean people who has got married but refuse to get visa when the were marrIage sham, some has just got 6 month visa, these people are under chenchooliah case.

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

Post by griffith » Tue Jan 21, 2020 9:07 am

I dont understand any of your posts.
The judgement that you are referring to does not address sham marriage issue.
It only effects those individuals who were previously granted residence permissions but were issued with unlawful deportation orders under S3 where the EU citizen has permanently left the host member state.

Retention cases are precessed under an incorrect procedure nothing to do with sham marriages.
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by FAw02 » Tue Jan 21, 2020 9:32 am

Griffih there are people who got married and get only 6months visa and on same year there was marriage sham. These people was affected by marriage sham and have never got any 5years visa.

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

Post by FAw02 » Tue Jan 21, 2020 9:37 am

Griffih these people have got deportation letter, are being treated same as chenhooliah case now

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

Post by arz1986 » Tue Jan 21, 2020 3:17 pm

griffith wrote:
Tue Jan 21, 2020 9:07 am
I dont understand any of your posts.
The judgement that you are referring to does not address sham marriage issue.
It only effects those individuals who were previously granted residence permissions but were issued with unlawful deportation orders under S3 where the EU citizen has permanently left the host member state.

Retention cases are precessed under an incorrect procedure nothing to do with sham marriages.
I never get any deportation letter or removal order, nor my case is in sham marriage. EU is in ireland and working for 4 years from day one till today. I do get temporary stamps, 3 temporary stamp 4. no EU4FM. still I get the letter my case in attach to chenchooliah case. Any thoughts. Or they put me in chenchooliah to sent to waste more time.

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

Post by griffith » Tue Jan 21, 2020 3:33 pm

FAw02 wrote:
Tue Jan 21, 2020 9:37 am
Griffih these people have got deportation letter, are being treated same as chenhooliah case now
The judgement does not prevent the minister from removing an invidual.
At any stage the minister can investigate any marriage between EU and non EU couples. There is no such law which stops them from doing so. They can do this even after the nonEU gets the citizenship.

My opinion( i maybe wrong) is that the retention cases are treated very unfairly. For example: The minister is taking over an year to finalise a case. Also requesting documents which are not required in retention application forms.
NonEU spouses who are divorced and were actually involved in a sham marriage are left with only one good option and that is not to apply for retention at all and try for any other immigration permission i.e: work permit, de-facto.
Lets be honest the immigration will never be lenient towards those who were married just to qualify for residence permit.

General elections are very close, lets hope the new minister improves the immigration system and speed up the process so that people do not have to wait years to get an answer yes or no.
Stay strong & never Give up!

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

Post by azee81 » Tue Jan 21, 2020 8:17 pm

what happened to those cases which are already with repatriation unit are they going be dealt with same manner.

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

Post by griffith » Wed Jan 22, 2020 9:43 pm

arz1986 wrote:
Tue Jan 21, 2020 3:17 pm
griffith wrote:
Tue Jan 21, 2020 9:07 am
I dont understand any of your posts.
The judgement that you are referring to does not address sham marriage issue.
It only effects those individuals who were previously granted residence permissions but were issued with unlawful deportation orders under S3 where the EU citizen has permanently left the host member state.

Retention cases are precessed under an incorrect procedure nothing to do with sham marriages.
I never get any deportation letter or removal order, nor my case is in sham marriage. EU is in ireland and working for 4 years from day one till today. I do get temporary stamps, 3 temporary stamp 4. no EU4FM. still I get the letter my case in attach to chenchooliah case. Any thoughts. Or they put me in chenchooliah to sent to waste more time.
You got three temporary stamps.
I assume you had enough residency to qualify for naturalisation.
Have you applied for citizenship yet ?
Stay strong & never Give up!

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

Post by finalversion_2k » Thu Jan 23, 2020 9:33 am

agree with @griffith .. they treat retention case really bad.. yesterday I sent appeal for my retention application with all the supporting documents.. I was surprised when barrister told me can you arrange mobile screenshots when you met EU wife in 2013.. I told him how someone can provide those screenshots.. In 2013 i was using samsung (y)outh a tiny phone.. after that almost every year or second I switch to new phone.. he said that's what department looking these days.. I don't know how someone can provide those..

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

Post by usmanch313 » Thu Jan 23, 2020 10:03 am

Hi in my case I provide almost 660 Pics from start from Relationship till End.
Joint Bank statement where we both lodge money for house hold expenses and many order Documents but still nothing,

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

Post by finalversion_2k » Thu Jan 23, 2020 10:16 am

@usmanch313 : I offer pics but they said these pics but barrister said these can be taken anywhere, so better to provide messages screenshot with 'date time logs' don't know from where I can get this.. I provide 2 bank accounts details.. Join Account with proper dayTOday transaction ending balance around 15K.. and then second account holding 70K+.. also show them pension statement of 25K but still they refused.. Honestly No words for them.. barrister said he can't believe this that how they are treating professional peoples are contributing to economy..

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

Post by griffith » Thu Jan 23, 2020 10:58 am

finalversion_2k wrote:
Thu Jan 23, 2020 10:16 am
@usmanch313 : I offer pics but they said these pics but barrister said these can be taken anywhere, so better to provide messages screenshot with 'date time logs' don't know from where I can get this.. I provide 2 bank accounts details.. Join Account with proper dayTOday transaction ending balance around 15K.. and then second account holding 70K+.. also show them pension statement of 25K but still they refused.. Honestly No words for them.. barrister said he can't believe this that how they are treating professional peoples are contributing to economy..
I think your barrister needs to understand that your argument must be based on the polish embassy allegations.
Pictures and messages can only help you to prove that the relationship was a bonafide relationship.
If i were you i would only provide documents what i hold and excuse them for the rest (considering divorced)
The minister gives you an option to provide a cover letter to support missing documents.
Can you get temporary stamp while your appeal is in process?
Stay strong & never Give up!

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

Post by finalversion_2k » Thu Jan 23, 2020 11:03 am

@griffith : that's what exactly I did just provide document what I can and cover letter as per Regulations.. his point was you fell into retention regulation but they refused because they think marriage is not good quality marriage, so to prove that he asked for those.. yes we wrote in cover letter and now lets see..

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

Post by Obie » Thu Jan 23, 2020 12:12 pm

I tend to agree with Griffith. Issue is whether or not she was residing in the state.

You could be conversing with someone even if they are outside the state. So that does not resolve the matter.

Your reps need to be focused.
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by griffith » Thu Jan 23, 2020 4:26 pm

Mostly lawyers in ireland seems incompetent. Form EUTR5 clearly states that the applicant provides evidence that the marriage has subsisted atleast 1 year and lasted atleast 3 years whereas the minister requests documents of the EU citizen for the last 5 years which are not requested anywhere in EU5 but EU3 and the lawyers let them get away with it and blindly provides them with the documents which are not required in the application form making it worst for others. These such lawyers have made the immigration department a sacred cow.
@finalversion your case is just an example of this.
Stay strong & never Give up!

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

Post by finalversion_2k » Thu Jan 23, 2020 4:33 pm

Agreed @griffith : sometime to me it feels that solicitors do this intentionally to make your case bad, complicated and drag as much as they can and from all this mess they make more and more money.. and make you dependent on them..

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

Post by Obie » Thu Jan 23, 2020 4:37 pm

griffith wrote:
Thu Jan 23, 2020 4:26 pm
Mostly lawyers in ireland seems incompetent. Form EUTR5 clearly states that the applicant provides evidence that the marriage has subsisted atleast 1 year and lasted atleast 3 years whereas the minister requests documents of the EU citizen for the last 5 years which are not requested anywhere in EU5 but EU3 and the lawyers let them get away with it and blindly provides them with the documents which are not required in the application form making it worst for others. These such lawyers have made the immigration department a sacred cow.
@finalversion your case is just an example of this.
Even on this forum, there are some Irish lawyers that comes on to provide advise, and they clearly cause me a great deal of worry and concern, and they justify my decision to stick around in the forum 11 years ago.

The department in my opinion tends to punish applicants who have lawyers that do not know what they are doing.
Smooth seas do not make skilful sailors

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