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Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Forum to discuss all things Blarney | Ireland immigration

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alhakeem
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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by alhakeem » Sat Nov 09, 2019 6:11 pm

I dont want to play the part of the judge, but what do we expect? What is the law and what do you think is the meaning of continuous and residency? As this will affect us all we need to know what we are expecting, and act accordingly.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Leswan09 » Tue Nov 12, 2019 3:53 pm

A decision will be handed down by the Court of Appeal on Thursday at 12.45pm in the case of xxxxxx v Minister for Justice and Equality.
As a reminder of the circumstances surrounding this appeal, last July Mr Justice Barrett in the High Court handed down a significant judgement which held that the term “continuous residence” in s. 15(1)(c) of the Irish Nationality and Citizenship Act 1956 (as substituted by s. 4 of the Irish Nationality and Citizenship Act 1986), meant that continuous residence requires presence in the State uninterrupted by even a single night’s absence over the 365 days of the year.
An expedited appeal was heard by the Court of Appeal in October and judgement will be delivered on Thursday the 14th of November. Keep an eye on our website and social media on Thursday for news on the judgement.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by NiallPP » Tue Nov 12, 2019 4:11 pm

Good to hear things are moving at least, fingers crossed for a resolution. Can I ask where that was posted and by who Leswan09?

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Leswan09 » Tue Nov 12, 2019 5:13 pm

NiallPP wrote:
Tue Nov 12, 2019 4:11 pm
Good to hear things are moving at least, fingers crossed for a resolution. Can I ask where that was posted and by who Leswan09?
The lawyer that represent xxxxxxxxxx

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by NiallPP » Tue Nov 12, 2019 5:18 pm

Do you have a name so we can find and follow?

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Leswan09 » Tue Nov 12, 2019 8:03 pm

NiallPP wrote:
Tue Nov 12, 2019 5:18 pm
Do you have a name so we can find and follow?
Social media weblink removed by moderator!!

botabo
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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by botabo » Tue Nov 12, 2019 10:43 pm

Leswan09 wrote:
Tue Nov 12, 2019 8:03 pm
NiallPP wrote:
Tue Nov 12, 2019 5:18 pm
Do you have a name so we can find and follow?
Social media weblink removed by moderator!!
Why?
Is it not a public information?

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by CR001 » Tue Nov 12, 2019 10:46 pm

botabo wrote:
Tue Nov 12, 2019 10:43 pm
Leswan09 wrote:
Tue Nov 12, 2019 8:03 pm
NiallPP wrote:
Tue Nov 12, 2019 5:18 pm
Do you have a name so we can find and follow?
Social media weblink removed by moderator!!
Why?
Is it not a public information?
I suggest members read the forum rules!!
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: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by macdre55 » Wed Nov 13, 2019 2:08 am

This really does not make sense at all. How can we tell if the update made by our brother/sister is true.
Moderator, you allow us to add news links and etc.
Some of us have been in limbo for years waiting for a stupid passport plus rejection on top of that come on,
what did u verify the link yourself??plus jokes apart, do you work on this platform?? we put alot of time on this,credit of course must be given to u but we need to know

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by nojoyfrominis » Wed Nov 13, 2019 6:44 am

Rules are rules. No point arguing with the moderator. Anyway if you want to confirm the info. Just google the name of the solicitor fighting this case and check their Facebook page. They have updated this info there.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by markem » Wed Nov 13, 2019 7:48 am

macdre55 wrote:
Wed Nov 13, 2019 2:08 am
This really does not make sense at all. How can we tell if the update made by our brother/sister is true.
Moderator, you allow us to add news links and etc.
Some of us have been in limbo for years waiting for a stupid passport plus rejection on top of that come on,
what did u verify the link yourself??plus jokes apart, do you work on this platform?? we put alot of time on this,credit of course must be given to u but we need to know
Calm down. Use Google for 30 seconds and you can find it. I did. That's what his lawyer said.

The Courts website is not working today, so can't be verified there yet.
Timeline threads here:
2020 /
2019 / 2018 / 2017 / 2016

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by saleamcrown » Wed Nov 13, 2019 10:05 am

NiallPP wrote:
Tue Nov 12, 2019 5:18 pm
Do you have a name so we can find and follow?
https://www.irishtimes.com/news/ireland ... 7?mode=amp

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by luckyfish1985 » Wed Nov 13, 2019 10:17 am

Hi saleamcrown,

Sorry to ask this, what exactly this means in the article?

Is this what is gona happen in tomorrow verdict ? apologies if iam not clear here :(

Thank you.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by aneelrahim » Wed Nov 13, 2019 10:21 am

Do anyone predict what will be the decision tomorrow?

Do we get any ceremony in December?

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Obie » Wed Nov 13, 2019 10:32 am

On a plain reading of the law, it is difficult to see what scope of interpretation the court has.
However if they use purposive reading, maybe.
It is clear what the intention of the Oireachtas was, which is not no grant any discretion to the minister in relation to absence in the final hear before applying.
Smooth seas do not make skilful sailors

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by markem » Wed Nov 13, 2019 10:38 am

luckyfish1985 wrote:
Wed Nov 13, 2019 10:17 am
Sorry to ask this, what exactly this means in the article?

Is this what is gona happen in tomorrow verdict ? apologies if iam not clear here :(
High Court ruled. This ruling was appealed. Court of Appeal reserved (delayed) issuing its own ruling. Tomorrow the ruling will be delivered. We have no idea what the ruling will be.
Timeline threads here:
2020 /
2019 / 2018 / 2017 / 2016

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Bealtaine » Wed Nov 13, 2019 10:43 am

aneelrahim wrote:
Wed Nov 13, 2019 10:21 am
Do anyone predict what will be the decision tomorrow?

Do we get any ceremony in December?
There will have to be a ceremony in December.. The bag log is otherwise something they wouldn’t be able to deal with - especially when there are only 60-odd case workers. I unfortunately do not think Ireland will take up private ceremonies in the near future so this seems right.

I’m completely aware of the fact that this is based on the interpretation of ‘continuous residence’ which needs to be clarified anyway. I cannot help but feel they need to clarify this with allowing a certain time period out.

50/50% here but hopeful despite mercury retrograde :D Kidding.

Fingers crossed.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by markem » Wed Nov 13, 2019 10:46 am

The Courts website is still offline so they are posting documents on TwitDoc.

Here is the Court of Appeal list. Relevant case is at 1.45pm (not 12.45 as posted by the solicitor).
Thursday the 14th November 2019
In Court 1, Court of Appeal Building
The President, Ms Justice Whelan, Mr Justice McGovern
At 1.45 o'clock
For Judgment
2019 344 Jones -v- Minister for Justice & Equality
Timeline threads here:
2020 /
2019 / 2018 / 2017 / 2016

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by mrrobot » Wed Nov 13, 2019 12:39 pm

Assuming 20th of December is the last feasible day for the ceremony. Invitations have to be sent 4 weeks in advance, meaning a week of 25th of November. Before that, there have to be approvals. There might be around 200 ppl with approvals already, so there might be a small ceremony for them.
But for people without approvals, there’s no way a ceremony would happen in December, as it would require at least 2 extra weeks before sending out invitations, meaning that approvals should start coming the next Monday, which is impossible

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Omad24 » Wed Nov 13, 2019 2:38 pm

There are approx 20,000 people. I think the figure 200 is too low. This board hasn’t seen much action since 2017. So that number is much higher. Their was suppose to be a ceremony in September so I think theres much more people

This is overall good news. Hopefully it gets things moving.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by irishsaint » Wed Nov 13, 2019 8:00 pm

Do we know if approval letters have been sent out since they stopped the ceremonies? You would imagine at least this part of it is already sorted and they would have a large group of people ready to send invitations to?

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Bealtaine » Wed Nov 13, 2019 9:43 pm

Nope no approval letters since stopping the ceremony. Everything was in limbo. Some were in the final stage however would only be given an approval once everything was sorted. Some had already received their approvals and had submitted their GNIBs + paid the final fee and submitted photos.
Everything is depends on tomorrow’s verdict - if legislature would be required or not before further ceremonies can take place.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by alhakeem » Wed Nov 13, 2019 10:31 pm

I feel the court of appeal will agree with the high court in interpretation of the law the word continuous..otherwise if they interpret it as stamps on the passport without physical presence this means applicants can leave for longer durations ay be upto 6 months..to be resident as far as as know is to stay 183 days a year.So continuous residence may mean permission in stamps and physical absence of up to 182days..and the ruling should be one of the two and no place for 6weeks.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Alixlboy » Thu Nov 14, 2019 8:55 am

Any updates?

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by niccim » Thu Nov 14, 2019 11:14 am

Alixlboy wrote:
Thu Nov 14, 2019 8:55 am
Any updates?
It's going to be on his solicitor's page- solicitors facebook page link removed by moderator They said they're going to update ASAP. Someone earlier linked to one of the court correspondent's Twitter too but can't remember her name

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