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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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Dub2020
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Dub2020 » Wed Jan 29, 2020 4:10 pm

Will inis not consider those who came in the country legally, spent over 13 years and been continues employed. It’s a big humanitarian ground. Why inis is ignoring this fact?

karen711
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by karen711 » Wed Jan 29, 2020 4:56 pm

Dub2020 wrote:
Wed Jan 29, 2020 4:10 pm
Will inis not consider those who came in the country legally, spent over 13 years and been continues employed. It’s a big humanitarian ground. Why inis is ignoring this fact?
13 years??? I know the guy deported last week was here over 17 years.. truth is department has turned barbaric. It's humiliating . U murder someone and u r out in 8 years.. but this mental torment is worst. I know many ppl
They are taking Xanax tablets for their mental health. If department don't want them to stay here then remove them but don't keep them
In Liue . It's sickening and very unfair. My advise will be for anyone who is facing if allegation of marriage of convenience to move into different country. Do not waste your life and time here. This department will ruin your lives.as they don't know themselves what to do.

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

Post by Obie » Wed Jan 29, 2020 4:57 pm

arz1986 wrote:
Wed Jan 29, 2020 3:55 pm
Obie wrote:
Wed Jan 29, 2020 3:42 pm
I am not sure if Mr Nadeem will appreciate or be impressed about you talking about his place of residence and mosque on the forum..

But yes you are right, his marriage was not accepted, but he was treated as a permitted family member.
@Obie, it is also written in judgement. I will try to delete the post. i think, his marriage or relationship is genuine, unfortunately, in his case, INIS come to check her, either she is working or not twice, she is not present both the time at work place. He win the case, but till now no stamp 4, INIS might appeal the case.
He did not win the case in the sense that you think. But the court said Chenchooliah was applicable to him.
Smooth seas do not make skilful sailors

Dub2020
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Dub2020 » Wed Jan 29, 2020 5:04 pm

What about luximon and Balachand judgement. It still applies to students came b/w 2005 and 2010. Even inis didn’t Include those who change the status but judgement didn’t prevent those.

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

Post by Dub2020 » Wed Jan 29, 2020 5:06 pm

karen711 wrote:
Wed Jan 29, 2020 4:56 pm
Dub2020 wrote:
Wed Jan 29, 2020 4:10 pm
Will inis not consider those who came in the country legally, spent over 13 years and been continues employed. It’s a big humanitarian ground. Why inis is ignoring this fact?
13 years??? I know the guy deported last week was here over 17 years.. truth is department has turned barbaric. It's humiliating . U murder someone and u r out in 8 years.. but this mental torment is worst. I know many ppl
They are taking Xanax tablets for their mental health. If department don't want them to stay here then remove them but don't keep them
In Liue . It's sickening and very unfair. My advise will be for anyone who is facing if allegation of marriage of convenience to move into different country. Do not waste your life and time here. This department will ruin your lives.as they don't know themselves what to do.
17 years and still ..? Strange ? Did he enter state legally ? Did he applied section 3 / humanitarian ground

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

Post by karen711 » Wed Jan 29, 2020 5:15 pm

Yes he came legaly as student. Yes his application was on section 3... no other conviction for that guy

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

Post by karen711 » Wed Jan 29, 2020 5:15 pm

Dub2020 wrote:
Wed Jan 29, 2020 5:04 pm
What about luximon and Balachand judgement. It still applies to students came b/w 2005 and 2010. Even inis didn’t Include those who change the status but judgement didn’t prevent those.
Sorry?

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

Post by Dub2020 » Wed Jan 29, 2020 5:31 pm

Sorry Karen I was not clear above.

There is luximon and balachad judgement, where Supreme Court gave the judgement in favour of student who came b/w 2005 to 2010. There was a scheme introduced by inis for these students. In that scheme inis excluded those students who change their status. But Supreme Court judgement didn’t prevent those students who change the status. So basically judgement is not fully applied and it’s clear discrimination for those who change the status.
Also only reason students changed their status biz there were policy by inis and there no other choose

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

Post by karen711 » Wed Jan 29, 2020 5:46 pm

Ye 100 percent aggreed. Clear discrimination

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

Post by dubnew » Wed Jan 29, 2020 5:52 pm

karen711 wrote:
Wed Jan 29, 2020 4:56 pm
Dub2020 wrote:
Wed Jan 29, 2020 4:10 pm
Will inis not consider those who came in the country legally, spent over 13 years and been continues employed. It’s a big humanitarian ground. Why inis is ignoring this fact?
13 years??? I know the guy deported last week was here over 17 years.. truth is department has turned barbaric. It's humiliating . U murder someone and u r out in 8 years.. but this mental torment is worst. I know many ppl
They are taking Xanax tablets for their mental health. If department don't want them to stay here then remove them but don't keep them
In Liue . It's sickening and very unfair. My advise will be for anyone who is facing if allegation of marriage of convenience to move into different country. Do not waste your life and time here. This department will ruin your lives.as they don't know themselves what to do.
Agree with you, if someone has this three words "Marriage of Convenience" in the letter then leave this country unless you have Irish born kids living and studying in state.

It is very hard to prove it and many solicitor say court will never listen to you.

D Luximon (Luximon & Balachand Case) fought her case since 2011 till 2018 and won (From High court, Court of Appeal, Supreme Court). It is barbaric to drag poor lady with two girls so long.

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

Post by Shan786 » Wed Jan 29, 2020 5:55 pm

It’s very true , the department has no pity for anyone here.. my partner has been in detain in cloverhill for a week until he came out on asylum and he has been here for 14 years without any convictions and we have a small baby .. it has been a tough time and we are mentally stressed and all of this are affecting the baby .. am sure there r so many families going through the same thing..
Never mind the solicitors who are minting..

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

Post by Shan786 » Wed Jan 29, 2020 6:14 pm

@dubnew,
You are saying the department has been dragging people to court who has children , the state don’t even care for their own people. There was a time where the state did a cervical cancer scam ..

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

Post by griffith » Wed Jan 29, 2020 6:19 pm

karen711 wrote:
Wed Jan 29, 2020 4:00 pm
arz1986 wrote:
Wed Jan 29, 2020 3:48 pm
karen711 wrote:
Wed Jan 29, 2020 3:00 pm
Very confusing seems like inis doesn't know itself what to do with them. My house mate same case marriage of convenience . Proved . Deportation ordered served.. he appealed on behalf of section 2 ( bcoz he is here over 13 years) then deportation and removed ordered were suspended after judgment and department said to him they ll b in touch with him. But today he recived new remover ordered again even though before then canceled his removal ordered. Very confusing and very chaos situation.the guy hasn't visit home over 13 years. No other convition
I write the email to INIS for update as well, let see what I will get. can you confirm the dates, when he receive the removal order again.
Yes he wrote them last week asking them wts a story? And they sent him removel ordered today


Was his case effected by the Chenchooliah judgement?
Does that mean the minister has finally started removing these applicants?
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 karen711 » Wed Jan 29, 2020 6:47 pm

Chenchola case wasn't applied on him as it cudnt.. if three words marriage of convenience written in your allegation then that case wudnt apply on your. Yes he did mention but ... refused.

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

Post by azee81 » Wed Jan 29, 2020 6:53 pm

did they give him any review option

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

Post by Dub2020 » Wed Jan 29, 2020 7:01 pm

What about private life ? Long term stay in state . Working in critical still . Spent prime time of their age in this country. Got educated from here. I mean inis will disregard all other facts just because some change status to EUfam?

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

Post by karen711 » Wed Jan 29, 2020 7:14 pm

No review option given. He can do asylum ... that's the only option he has.

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

Post by euspouse07 » Wed Jan 29, 2020 7:18 pm

karen711 wrote:
Wed Jan 29, 2020 3:01 pm
Section3*
i assume they have refused the section 3 application before issuing the removal order.
Could you please advise how long they took to process the section 3 applications and what were the grounds your friend was relying on?

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

Post by karen711 » Wed Jan 29, 2020 7:25 pm

They took over 2 years. Based was being long time in this country over 13 years and also came legaly as student. Wasn't convicted for any crime not even penalty point. He got his degree from Dublin college too. Paid taxes for 13 years he submitted 13 years of p60 and p21 ur still all these were ignored by inis before making their decision. Tbh it's like banging your head against the wall or talking to the brick wall.

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

Post by azee81 » Wed Jan 29, 2020 7:42 pm

did they mention marriage of convenience letter when they ist time revoked his eufam 4 permission

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

Post by karen711 » Wed Jan 29, 2020 7:55 pm

Yes.

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

Post by azee81 » Wed Jan 29, 2020 8:31 pm

how he can use asylum option if he has not given any time to respond or they does give him some time to respond?

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

Post by karen711 » Wed Jan 29, 2020 8:35 pm

Tbh best advise for everyone if allegation are made in your application then better of leaving. Department will not listen to u at all not matter what u do or how much taxes u paid. I have 2 garages. Thousand and thousand paid in vat and prsi for 9 years.. they didn't bother for single second to consider this. I closed sold everything and left. Why wud I pay them my taxes when they don't ever bother listening to our problem. Where they don't have give us chance to defend our selves.

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

Post by Dub2020 » Wed Jan 29, 2020 8:39 pm

@karen711,
Just wondering did he completed 5 years on EUFam and then he applied for retention and once retention was refused and then he applied in section 3 or

His EUFam visa was revoked during 5 years eufam Stamp. Could you please share some background of the case without mentioning specific details.

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

Post by karen711 » Wed Jan 29, 2020 8:42 pm

Yes completed 5 years. Retention refused. Stamp revoked and section 3 refused after 3 years

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