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

Post by azee81 » Fri Dec 27, 2019 12:06 pm

guys any news about the judgement ?

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

Post by azee81 » Sun Dec 29, 2019 4:46 pm

can i put section 3 application while my case is under chencholiah judgement consideration ?

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

Post by arz1986 » Sun Dec 29, 2019 11:13 pm

@azee81, my case is in section 3, LTR, repatriation unit. (3 years still waiting) I think, there is no use of it. you have to wait until chenchooliah case decision, inis will announce something. i think, in coming months 4-6, situation will the more clear. Use section 3 application after all the options are exhausted. donot waste money on solicitors, they are not clear on it, everyone tell different story. wait and see.

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

Post by euspouse07 » Mon Dec 30, 2019 9:53 am

3 years and still processing ??
Which grounds you relied on while making an application under section 3?
It is sad that they are taking so long to process?

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

Post by arz1986 » Tue Dec 31, 2019 3:53 am

i think, there is administrative deadlock, they wnt to remove us, but EU citizen is in state, they r reluctant to do so. I am not sure, why they writing confusing letters, each time. no one know wht is there policy if any. or any rules. it is amazing to me as well, 3 years no decision. same case, same file. There is no time limit to take decision on the application.

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

Post by euspouse07 » Tue Dec 31, 2019 12:38 pm

arz1986 wrote:
Tue Dec 31, 2019 3:53 am
i think, there is administrative deadlock, they wnt to remove us, but EU citizen is in state, they r reluctant to do so. I am not sure, why they writing confusing letters, each time. no one know wht is there policy if any. or any rules. it is amazing to me as well, 3 years no decision. same case, same file. There is no time limit to take decision on the application.
Request copy of your file under the freedom of information act.
It might help you to navigate your future course of action .

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

Post by azee81 » Tue Dec 31, 2019 2:18 pm

does anybody knows what stamp the actual applicant of this case has got .i mean (chencoliah nalini) whats her status

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

Post by arz1986 » Tue Dec 31, 2019 7:26 pm

nalini chenchooliah donot get any stamp. her case is in re-consideration by inis.

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

Post by Mark_ir » Tue Dec 31, 2019 7:43 pm

arz1986 wrote:
Tue Dec 31, 2019 7:26 pm
nalini chenchooliah donot get any stamp. her case is in re-consideration by inis.
So, we have to wait in this case.if she get any stump then INIS should need to consider all of our case.
Any idea guys how long it would be take as 4-6 month sounds me too long.

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

Post by azee81 » Tue Dec 31, 2019 7:53 pm

if thats the case then we might have to wait another year .because the way inis department works they are very slow and if they refuse your case then you have to put section 3 application that will take another year to process . goodness me.

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

Post by FAw02 » Tue Dec 31, 2019 9:16 pm

chenchooliah has already won her case,even justice has to settle all the amount of money she had spend for her case.

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

Post by Mark_ir » Tue Dec 31, 2019 9:19 pm

FAw02 wrote:
Tue Dec 31, 2019 9:16 pm
chenchooliah has already won her case,even justice has to settle all the amount of money she had spend for her case.
What was the actual outcome of her case?
How long she has need to wait for final decision from INIS?

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

Post by FAw02 » Tue Dec 31, 2019 9:35 pm

Solicitors social media link removed by moderator this is the link, the actual outcome of the case is inis cannot deport or remove her from the state, evenmore she has never had any police case(public offense) high court had already give verdict on her case.

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

Post by CR001 » Tue Dec 31, 2019 9:47 pm

FAw02 wrote:
Tue Dec 31, 2019 9:35 pm
Solicitors social media link removed by moderator this is the link, the actual outcome of the case is inis cannot deport or remove her from the state, evenmore she has never had any police case(public offense) high court had already give verdict on her case.
Social media links of solicitors or solicitor names and details are not permitted to be posted on the forum.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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

Post by Mark_ir » Tue Dec 31, 2019 9:59 pm

FAw02 wrote:
Tue Dec 31, 2019 9:35 pm
Solicitors social media link removed by moderator this is the link, the actual outcome of the case is inis cannot deport or remove her from the state, evenmore she has never had any police case(public offense) high court had already give verdict on her case.
You cannot post solicitor link but remove her name and only post copy and paste her word...
It should be ok

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

Post by azee81 » Tue Dec 31, 2019 10:07 pm

she is the only one who can clarify the situation.somebody can contact her and ask face to face if possible. the judgement is very confusing nothing is clear in the judgement.

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

Post by arz1986 » Wed Jan 01, 2020 12:12 am

I meet the barrister present during chenchooliah case, in high court, he telll me, no visa in issue to her yet, her case is in re-consideration. he tell me to wait (16-24 weeks).
Once judical review is win by the applicant, court donot give visa directly, court order INIS to re-consider the finding and take decision again. INIS take usually 4 to 6 months. once, chenchooliah case get something, then they process our application

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

Post by arz1986 » Wed Jan 01, 2020 12:15 am

Mark_ir wrote:
Tue Dec 31, 2019 7:43 pm
arz1986 wrote:
Tue Dec 31, 2019 7:26 pm
nalini chenchooliah donot get any stamp. her case is in re-consideration by inis.
So, we have to wait in this case.if she get any stump then INIS should need to consider all of our case.
Any idea guys how long it would be take as 4-6 month sounds me too long.
4-6 months atleast.

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

Post by arz1986 » Wed Jan 01, 2020 2:53 am

azee81 wrote:
Tue Dec 31, 2019 7:53 pm
if thats the case then we might have to wait another year .because the way inis department works they are very slow and if they refuse your case then you have to put section 3 application that will take another year to process . goodness me.
section 3 application, in my case already take 3 years and still pending.

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

Post by Unknown person » Thu Jan 02, 2020 12:35 am

arz1986 wrote:
Tue Dec 24, 2019 8:53 pm
i sent the letter through solicitor, donot get any acknowledgement letter till now request for temporary stamp. then I write email to INIS department, then they reply by sent the letter to me on home address.
i think, inis is not sending the acknowledgement letter nowaday.
May i know what did u write to inis directly and what letter you got from inis?

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

Post by FAw02 » Thu Jan 02, 2020 4:36 pm

"In relation to cases impacted by the ruling of the European Court of Justice (ECJ) in the Chenchooliah case, my Department is currently working to develop the new processes necessitated by the ruling.

As soon as those processes have been finalised, officials from my Department will be in written contact with the people whose immigration cases are impacted by that ruling vis a vis their position in the State

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

Post by azee81 » Thu Jan 02, 2020 10:50 pm

@arz1986 : how did you make section section 3 application my solicitor told me that you can only make that application when you receive 3 option letter from the minister.

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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 5:48 pm

Unknown person wrote:
Thu Jan 02, 2020 12:35 am
arz1986 wrote:
Tue Dec 24, 2019 8:53 pm
i sent the letter through solicitor, donot get any acknowledgement letter till now request for temporary stamp. then I write email to INIS department, then they reply by sent the letter to me on home address.
i think, inis is not sending the acknowledgement letter nowaday.
May i know what did u write to inis directly and what letter you got from inis?
request to provide an update on my application.

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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 5:54 pm

azee81 wrote:
Thu Jan 02, 2020 10:50 pm
@arz1986 : how did you make section section 3 application my solicitor told me that you can only make that application when you receive 3 option letter from the minister.
when your case go to repatriation unit, it is in section 3 application (HLR) automatically. if you apply separately or not then repatriation unit will decide. that is my understand. i never receive any letter from last three year to apply for section 3 separately from INIS

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

Post by azee81 » 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 .

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