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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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Mark_ir
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Ireland

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

Post by Mark_ir » Sun Jun 21, 2020 9:59 am

arz1986 wrote: ↑
Sun Jun 21, 2020 3:30 am
 Update: nadeem case. he get the visa approval letter and gnib letter this week.
Great to know someone got visa finally, Any idea when division(in INIS) process his visa application and what stamp he has received??
Could you please clear 🙏
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azee81
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Sun Jun 21, 2020 10:30 am

was his case really impacted by chenchooliah judgement?
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Johni
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Johni » Thu Jul 02, 2020 12:35 pm

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

Post by azee81 » Mon Jul 13, 2020 9:04 pm

hi guys any updates please
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Mark_ir
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Mark_ir » Wed Jul 15, 2020 1:36 am

No update yet!
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azee81
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Sun Jul 19, 2020 8:41 pm

i think we should send them reminder letter,
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Johni
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Johni » Sat Jul 25, 2020 2:08 am

Any update please?
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Mark_ir
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Mark_ir » Sat Jul 25, 2020 10:16 pm

No update yet🤔
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azee81
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Wed Aug 05, 2020 11:48 am

hi guys any updates plz
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Mark_ir
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Mark_ir » Wed Aug 05, 2020 6:15 pm

Unfortunately no update yet!
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Biyilade124
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Biyilade124 » Fri Aug 07, 2020 2:36 pm

A friend was asked to submit some documents including evidence that she worked in the state such as payslip, tax returns. Please is it advisable to submit evidence that you are working when your visa has been revoked? Hope they are not going to use it against her?
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azee81
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Fri Aug 07, 2020 4:43 pm

was she informed before hand that her case was impacted by chenchooliah judgement if so then i think its just a formality
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Biyilade124
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Biyilade124 » Fri Aug 07, 2020 7:07 pm

Yes, she was informed that her case was imparted by chenchooliah
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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 » Sat Aug 08, 2020 7:33 pm

INIS asking for her partner job documents, to check after divorce is he in the state or not.
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azee81
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Sat Aug 08, 2020 8:10 pm

why dont they ask for divorce papers straight
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Mark_ir
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Mark_ir » Sat Aug 08, 2020 8:52 pm

arz1986 wrote: ↑
Sat Aug 08, 2020 7:33 pm
 INIS asking for her partner job documents, to check after divorce is he in the state or not.
Why INIS is asking to get her partner job details?
In chenchooliah case her spouse left Ireland and her case mostly wanted to Clear about non-eu national right IF Eu-spouse left in this state.
So INIS shouldn't have asked about Eu-Spouse job or activity details in this state.
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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 » Tue Aug 11, 2020 11:48 pm

Mark_ir wrote: ↑
Wed Aug 05, 2020 6:15 pm
 Unfortunately no update yet!
Not sure.
Decisions maybe delayed because of this.

Code: Select all

   https://www.google.ie/amp/s/www.irishtimes.com/news/crime-and-law/courts/supreme-court/marriage-of-convenience-finding-does-not-make-marriage-a-legal-nullity-court-rules-1.4314801%3fmode=amp
Stay strong & never Give up!
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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 » Thu Aug 13, 2020 12:43 pm

This case does not refer to Chenchooliah, but does include baseless allegations by the minister.

Marriage of convenience does not nullify a marriage.
Previously the court erred in concluding the findings that no rights arose as a result of a sham marriage.

Conclusion by the supreme court does not include if there are any rights or powers left after establishing a marriage of convenience ??? or maybe it does.
Moderators would know better.

https://www.irishtimes.com/news/crime-a ... -1.4314801
Stay strong & never Give up!
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Johni
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Johni » Mon Aug 17, 2020 5:06 pm

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

Post by azee81 » Mon Aug 17, 2020 7:24 pm

the way department is working we cantt see any progress untill mid next year
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azee81
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Sat Aug 22, 2020 12:03 pm

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

Post by Obie » Sat Aug 22, 2020 12:30 pm

griffith wrote: ↑
Thu Aug 13, 2020 12:43 pm
 This case does not refer to Chenchooliah, but does include baseless allegations by the minister.

Marriage of convenience does not nullify a marriage.
Previously the court erred in concluding the findings that no rights arose as a result of a sham marriage.

Conclusion by the supreme court does not include if there are any rights or powers left after establishing a marriage of convenience ??? or maybe it does.
Moderators would know better.

https://www.irishtimes.com/news/crime-a ... -1.4314801
This case helps to some extent.

Now the position before was this, the minister took the view that a finding of marriage of convenience has the effect of nullifying a marriage, such that it was never valid and can never be relied upon in immigration application or human right claim or in case of deportation.

The Supreme court rejected that.

The finding of the minister can be taken into account in subsequent consideration, but it cannot have the effect of nullifying a marriage.

So imagine a person was accused of marriage of convenience, and later the couple give birth to a child, and one parent is facing deportation as a result of that previous finding.

It will be absurd if the previous finding of the minister is permitted to stand, such that the new evidence that came to light is rejected.

That is what the court said. So even though previous finding can be taken into account, it cannot be determinitive, nor can it have the effect of nullifying a properly contracted marriage.
Smooth seas do not make skilful sailors
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azee81
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Wed Aug 26, 2020 8:17 pm

i send them a letter through my solicitor for update .in reply they said your case could be finalised before or at 27th november .also they said they can sought more documents idont know what documents they want i already gave them what ever i had.
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dubnew
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by dubnew » Thu Aug 27, 2020 9:58 am

azee81 wrote: ↑
Wed Aug 26, 2020 8:17 pm
 i send them a letter through my solicitor for update .in reply they said your case could be finalised before or at 27th november .also they said they can sought more documents idont know what documents they want i already gave them what ever i had.
Hi azee81,

Could you please mention the date your solicitor sent letter and the date you received reply from the department because my solicitor sent letter two months ago but no acknowledgement so far.

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

Post by Mark_ir » Fri Aug 28, 2020 10:05 pm

azee81 wrote: ↑
Wed Aug 26, 2020 8:17 pm
 i send them a letter through my solicitor for update .in reply they said your case could be finalised before or at 27th november .also they said they can sought more documents idont know what documents they want i already gave them what ever i had.
One of my friend received same kind of letter from Department but they mentioned 30th October Instead.Also they said they might ask for more docs for finalising his case by this time.
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