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

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

Post by finalversion_2k » Tue Sep 17, 2019 9:28 am

wondering did any one heard about (chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.) what will be the impact of that decision?? any thoughts??

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

Post by finalversion_2k » Tue Sep 17, 2019 9:29 am


Bobby89
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Bobby89 » Tue Sep 17, 2019 1:52 pm

It looks department can not deport eu citizen spouse if the eu citizen left the state or is not exercising there rights. They can only deport non eu in this case if the person is threat to public security, public policy or health.
But it is not clear that, does it help in any way to the people applying retention of rights.

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

Post by finalversion_2k » Tue Sep 17, 2019 3:34 pm

I think this will help those people as well, who's stamps are revoked,

also retention application will also benefit from that.. hopefully pic will be clear with time.

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

Post by Obie » Tue Sep 17, 2019 7:52 pm

The judgement does not prevent the minister from removing people, it only prevents him from deporting and imposing bans on entry.

Therefore the minister can remove individuals whose family have ceased from exercising treaty rights.

This judgement applies if there was a genuine relationship.
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 » Wed Sep 18, 2019 10:20 am

Thanks @Obie. what's the difference between removing and deporting?

Second: i think that case was about EU partner wasn't exercising right as he was in prison in another country, so they ceased her non eu rights ceased.

Third: how minister will measure that relationship was genuine or not??

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

Post by arz1986 » Wed Oct 23, 2019 8:08 pm

INIS write a letter to us, it state that chenchooliah case judgement will have directly implemented on our case. Once irish court heard this case.
I hv dependent parent eu treaty rights and my application and appeal is already refused. can the result of this case can be good for me

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

Post by arz1986 » Fri Nov 01, 2019 10:34 pm

any suggestions

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

Post by Mark_ir » Mon Nov 25, 2019 4:15 pm

Guy's any idea about chenchooliah case update?
Is that case finalise in irish high court?
If so what is the outcome of that case?

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

Post by arz1986 » Mon Nov 25, 2019 5:12 pm

Irish high court give the judgement of 25 october 2019.

https://beta.courts.ie/view/judgments/f ... 35.pdf/pdf
Our case is dependent on that judgement let see, what department do now.

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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 Nov 26, 2019 2:46 am

Retention cases are delayed because of the chencholiah judgement.
The immigration is sending out letters and this is what the letter says.


""" The position in your clients immigration case is that his case is impacted by the ruling of the European court of justice in the chencholiah case. Your clients case is one of many such cases so impacted. At the moment the immigration service delivery function of the department of justice and equality is working to develop the new processes necessitated by the ECJ ruling. As soon as those processes have been finalised we will be in contact with the various persons whose cases are impacted by the chencholiah ruling """""
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 griffith » Tue Nov 26, 2019 2:57 am

Obie wrote:
Tue Sep 17, 2019 7:52 pm
The judgement does not prevent the minister from removing people, it only prevents him from deporting and imposing bans on entry.

Therefore the minister can remove individuals whose family have ceased from exercising treaty rights.

This judgement applies if there was a genuine relationship.
A friend of mine was kept in prison for few weeks and deported back home by the irish immigration accompanied by two immigration officers.
He was married and his partner was not exercising EU treaty rights but both the husband and wife were living in Ireland.
The reason for that is his application for residency was refused and immigration replied to the solicitor that your client cannot apply for permanent residency in Ireland anymore.


Looks like they are still deporting and not removing because the guy was served with a deportation order !!!
Stay strong & never Give up!

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

Post by Mark_ir » Tue Nov 26, 2019 4:37 am

arz1986 wrote:
Mon Nov 25, 2019 5:12 pm
Irish high court give the judgement of 25 october 2019.

https://beta.courts.ie/view/judgments/f ... 35.pdf/pdf
Our case is dependent on that judgement let see, what department do now.
Is that case finalise from irish high court,After reading that link still not too clear about it.
Can anyone please explain 🙏🙏🙏

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

Post by arz1986 » Wed Nov 27, 2019 11:55 am

I think, they will issue some sort of scheme like zambrano case, but not sure. They will write letter to every person, who they think come under chencholiah judgement. I am not sure, they will either give stamp 4 or just remove deportation order. senior member or any solicitor can advice better.
I got similar sort of the letter.

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 Nov 27, 2019 12:09 pm

arz1986 wrote:
Wed Nov 27, 2019 11:55 am
I think, they will issue some sort of scheme like zambrano case, but not sure. They will write letter to every person, who they think come under chencholiah judgement. I am not sure, they will either give stamp 4 or just remove deportation order. senior member or any solicitor can advice better.
I got similar sort of the letter.
arz1986@ Have you received that letter from EU-treaty department or some other deportment, Can you please confirm

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

Post by NIzma » Wed Nov 27, 2019 1:15 pm

@ mark_ire , what zombrano scheme you talking about? my son was born here 3 years agao but his passport got revoked recently, i also got stamp 4 on behalf of him now my visa is also expired, i have contacted so many solicitor' s nobody advised ne anything, i wrote a letter to zombrano department about myself they said you should go local immigration office to renew your stamp,i already went there they said you should write letter to zombrano department, no idea what to do.

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

Post by arz1986 » Wed Nov 27, 2019 2:18 pm

Yes, I get the letter for repatriation/removal unit on 10-october 2019. I think many people receive similar letter

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 Nov 27, 2019 3:13 pm

arz1986 wrote:
Wed Nov 27, 2019 2:18 pm
Yes, I get the letter for repatriation/removal unit on 10-october 2019. I think many people receive similar letter
Did you try to contact with any solicitor for full explanation as they are giving any stamp or/because withdrawing deportation order shouldn't can make any entitlement to stay in the state legally.
Also i heard from few people that this case have an another hearing middle of next month.so making confusion to everyone *is that case officially finalise from irish high court yet*

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

Post by arz1986 » Wed Nov 27, 2019 3:39 pm

i donot have any stamp till now. stamp revoked in 2017. I am illegal in state, with few letter. I think in September 2018, they cancel my deportation order, i think because chenchooliah case is started at that time. It that time I donot know about this case. then, october 2019, i get this letter. they put my case with chencoliah case, it that time i know about it. I talk to solicitor again, he wrote a letter monday, no response yet.
I think once Judicial review judgement comes, it is full and final. i think you can not change it. INIS might discuss it, but cannot change it.
I donot know about the time frame INIS will take.

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

Post by arz1986 » Wed Nov 27, 2019 3:43 pm

https://beta.courts.ie/view/judgments/f ... 35.pdf/pdf

I think, this is the link for the case, I check it, it is working, discuss with your solicitor, I am not expert in law, that is my opinion, may be right, may be wrong.

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