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delay in citizenship application - applied in 2016

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Captainf
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Afghanistan

Re: delay in citizenship application - applied in 2016

Post by Captainf » Wed Apr 17, 2019 10:17 pm

iceice304 wrote:
Wed Apr 17, 2019 11:31 am
Finally got the brown envelope with invitation to attend ceremony.
I hope the 2016 Batch will get approvals very soon. Best of luck to all
Many Congratulations dear... Good news at least one of us (2016) got it.... Best of luck ahead.

Captainf
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Posts: 22
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Afghanistan

Re: delay in citizenship application - applied in 2016

Post by Captainf » Thu Apr 18, 2019 9:44 am

Just got a reply from Dept of Justice through a Solicitor, where we had threatened them that we will proceed with judicial Review after receiving copy of my file under FOI.
They replied the same shi***. That for a broad range of reasons some cases take longer than others.. Blah blah... and that if you proceed with judicial review you will have to pay the costs etc...
My question is shall I proceed or leave as it is?

littlerr
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Posts: 520
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China

Re: delay in citizenship application - applied in 2016

Post by littlerr » Thu Apr 18, 2019 10:11 am

Captainf wrote:
Thu Apr 18, 2019 9:44 am
Just got a reply from Dept of Justice through a Solicitor, where we had threatened them that we will proceed with judicial Review after receiving copy of my file under FOI.
They replied the same shi***. That for a broad range of reasons some cases take longer than others.. Blah blah... and that if you proceed with judicial review you will have to pay the costs etc...
My question is shall I proceed or leave as it is?
It will be your responsibility to prove that there is absolutely zero ground for delaying your application. If you have any complication (illegal entry or overstay in any countries, visa rejections on your passport, social welfare, divorce or separation, criminal offences including parking and speeding tickets, Garda cautions, pending court cases or reviews etc), that will justify their delay.

Finepaddy
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Re: delay in citizenship application - applied in 2016

Post by Finepaddy » Thu Apr 18, 2019 11:43 am

Captainf wrote:
Thu Apr 18, 2019 9:44 am
Just got a reply from Dept of Justice through a Solicitor, where we had threatened them that we will proceed with judicial Review after receiving copy of my file under FOI.
They replied the same shi***. That for a broad range of reasons some cases take longer than others.. Blah blah... and that if you proceed with judicial review you will have to pay the costs etc...
My question is shall I proceed or leave as it is?
U should go head with judicial review. That's how mostly people getting approvals. I appreciate ur patience but ask ur self if they hold something against you then u have refusal long time ago.
It's all about where u belong to, citizenship department thinks either u dont have any rights or it's ok for them to delay non EU applications without any reason.
If u remember it was Francis Minster of justice when they start ignoring application and u should also remember incidents around that time. If one department cant do background checks in reasonable time then they shouldn't be there.
Now if u talk about judicial review cost then just apply to court and u will see 90 % chances they will give u decision before that.
Citizenship department is also afraid about judicial review cost so it's old trick to threaten the applicants with judicial review cost.

Captainf
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Afghanistan

Re: delay in citizenship application - applied in 2016

Post by Captainf » Thu Apr 18, 2019 11:53 am

Captainf wrote:
Thu Apr 18, 2019 11:53 am
Finepaddy wrote:
Thu Apr 18, 2019 11:43 am
Captainf wrote:
Thu Apr 18, 2019 9:44 am
Just got a reply from Dept of Justice through a Solicitor, where we had threatened them that we will proceed with judicial Review after receiving copy of my file under FOI.
They replied the same shi***. That for a broad range of reasons some cases take longer than others.. Blah blah... and that if you proceed with judicial review you will have to pay the costs etc...
My question is shall I proceed or leave as it is?
U should go head with judicial review. That's how mostly people getting approvals. I appreciate ur patience but ask ur self if they hold something against you then u have refusal long time ago.
It's all about where u belong to, citizenship department thinks either u dont have any rights or it's ok for them to delay non EU applications without any reason.
If u remember it was Francis Minster of justice when they start ignoring application and u should also remember incidents around that time. If one department cant do background checks in reasonable time then they shouldn't be there.
Now if u talk about judicial review cost then just apply to court and u will see 90 % chances they will give u decision before that.
Citizenship department is also afraid about judicial review cost so it's old trick to threaten the applicants with judicial review cost.

Thank you very much for the advise... What do you think how much will it cost approximately?
Secondly my solicitor seems a bit weaker shall I change before review or go ahead with her?

Statusquo73
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Lebanon

Re: delay in citizenship application - applied in 2016

Post by Statusquo73 » Thu Apr 18, 2019 1:55 pm

Finepaddy wrote:
Thu Apr 18, 2019 11:43 am
Captainf wrote:
Thu Apr 18, 2019 9:44 am
Just got a reply from Dept of Justice through a Solicitor, where we had threatened them that we will proceed with judicial Review after receiving copy of my file under FOI.
They replied the same shi***. That for a broad range of reasons some cases take longer than others.. Blah blah... and that if you proceed with judicial review you will have to pay the costs etc...
My question is shall I proceed or leave as it is?
U should go head with judicial review. That's how mostly people getting approvals. I appreciate ur patience but ask ur self if they hold something against you then u have refusal long time ago.
It's all about where u belong to, citizenship department thinks either u dont have any rights or it's ok for them to delay non EU applications without any reason.
If u remember it was Francis Minster of justice when they start ignoring application and u should also remember incidents around that time. If one department cant do background checks in reasonable time then they shouldn't be there.
Now if u talk about judicial review cost then just apply to court and u will see 90 % chances they will give u decision before that.
Citizenship department is also afraid about judicial review cost so it's old trick to threaten the applicants with judicial review cost.


Finepaddy,

Sir, Can I apply to judicial review without solicitor or barrister?
Is it possible?
And Anyone knows What is judicial review cost?

littlerr
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Posts: 520
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: delay in citizenship application - applied in 2016

Post by littlerr » Thu Apr 18, 2019 2:40 pm

Of course you can represent yourself in any court cases.

However, realistically speaking, if you cannot think and write like a solicitor, it will not get you anywhere.

In the first stage of a judicial review (the "leave" stage), you have to demonstrate that the decision-making process is unlawful and it has affected the applicant (i.e. you) a lot. In order to prove this is unlawful, you will need to find out the exact legislation clauses that the government is not following. Remember you also need to write this in the legal writing format. This can be very difficult for a person who is not experienced. My girlfriend studied Master in Law and some of her friends are working as solicitor trainees, and they said it would take years of training to write a proper statement like this.

The opposition party (Department of Justice) can choose to file a Statement of Opposition which will detail why they think it is not a valid judicial review. Normally the reason would be something like "your application will be approved very soon anyway".

At this stage, you can choose to accept or not accept their explanation. If you choose to accept their explanation, you should receive your approval or rejection in a few days but you will also have to pay for the cost of the court, which should be no more than a hundred or so. You may also need to pay for the cost incurred by the opposition party but I'm not sure about this part.

If no opposition is filed, or if the court thinks there is sufficient ground to proceed, the court will start to review your case. Unfortunately if this happens, it usually means that the government has some valid reasons that they need to hold your application for so long. That's why it's extremely important to have your FOI first and have it examined by your solicitor to see if they have anything on you.

The legal cost for building a strong case of a judicial review is usually in the range of 2000-10000 euro depending on the lawyer. On top of that, if you lose your case, or if your judicial review is rejected, you will have to pay the cost incurred by the other party.

kseni
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Posts: 61
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Russia

Re: delay in citizenship application - applied in 2016

Post by kseni » Thu Apr 18, 2019 4:47 pm

Received my file under foi, Garda vetting in the early stage of application, no activity since Aug 2017. I’m beyond being pissed ;(

Captainf
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Posts: 22
Joined: Thu Jan 31, 2019 1:57 pm
Afghanistan

Re: delay in citizenship application - applied in 2016

Post by Captainf » Thu Apr 18, 2019 4:59 pm

kseni wrote:
Thu Apr 18, 2019 4:47 pm
Received my file under foi, Garda vetting in the early stage of application, no activity since Aug 2017. I’m beyond being pissed ;(
Kseni... Every budyy is in the same boat, don't worry.

Paddy_Leprechaun
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Ireland

Re: delay in citizenship application - applied in 2016

Post by Paddy_Leprechaun » Thu Apr 18, 2019 9:08 pm

I believe if you can afford the costs of a judicial review, you should go for it. Obviously, the department has no valid reason to reject your file and if you are confident there is nothing substantial department can find against you then you don't need to worry. As you have a copy of your file under FOI, you can use it as a proof that the department has done nothing on your file and there is no pending request letter sent to any department/agency for verification and obviously your file is not going to move forward itself and this is pure discrimination based on your race/country of origin.
You definitely need a barrister for judicial review, can't do it yourself. Perhaps, first ask your solicitor to write a response letter to the department saying their inability to check the character of the applicant after such a long time is either an acceptance of inefficiency of the department or a pure discrimination. Indicate that after FOI you conclude that there is no pending request on your file and department has no valid reason for the delay. Give them 10 days ultimatum saying either produce a decision or provide credible reasons for the delay. Clearly, mention in that letter that you will initiate judicial review after the expiry of 10 days and any effort to produce the decision after 10 days and before the judicial review will be considered as a reactive effort to save judicial costs.

Finepaddy
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Re: delay in citizenship application - applied in 2016

Post by Finepaddy » Fri Apr 19, 2019 1:58 pm

Statusquo73 wrote:
Thu Apr 18, 2019 1:55 pm
Finepaddy wrote:
Thu Apr 18, 2019 11:43 am
Captainf wrote:
Thu Apr 18, 2019 9:44 am
Just got a reply from Dept of Justice through a Solicitor, where we had threatened them that we will proceed with judicial Review after receiving copy of my file under FOI.
They replied the same shi***. That for a broad range of reasons some cases take longer than others.. Blah blah... and that if you proceed with judicial review you will have to pay the costs etc...
My question is shall I proceed or leave as it is?
U should go head with judicial review. That's how mostly people getting approvals. I appreciate ur patience but ask ur self if they hold something against you then u have refusal long time ago.
It's all about where u belong to, citizenship department thinks either u dont have any rights or it's ok for them to delay non EU applications without any reason.
If u remember it was Francis Minster of justice when they start ignoring application and u should also remember incidents around that time. If one department cant do background checks in reasonable time then they shouldn't be there.
Now if u talk about judicial review cost then just apply to court and u will see 90 % chances they will give u decision before that.
Citizenship department is also afraid about judicial review cost so it's old trick to threaten the applicants with judicial review cost.


Finepaddy,

Sir, Can I apply to judicial review without solicitor or barrister?
Is it possible?
And Anyone knows What is judicial review cost?
U can apply judicial review by ur self but it's not that easy, second u can find solicitor who can charge u around 600,700. Rest cost will be on citizenship department. People dont know mostly solicitor charge u as well and they get paid by departmen too.

rockyguy
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Re: delay in citizenship application - applied in 2016

Post by rockyguy » Fri Apr 19, 2019 2:35 pm

Finepaddy wrote:
Fri Apr 19, 2019 1:58 pm
Statusquo73 wrote:
Thu Apr 18, 2019 1:55 pm
Finepaddy wrote:
Thu Apr 18, 2019 11:43 am
Captainf wrote:
Thu Apr 18, 2019 9:44 am
Just got a reply from Dept of Justice through a Solicitor, where we had threatened them that we will proceed with judicial Review after receiving copy of my file under FOI.
They replied the same shi***. That for a broad range of reasons some cases take longer than others.. Blah blah... and that if you proceed with judicial review you will have to pay the costs etc...
My question is shall I proceed or leave as it is?
U should go head with judicial review. That's how mostly people getting approvals. I appreciate ur patience but ask ur self if they hold something against you then u have refusal long time ago.
It's all about where u belong to, citizenship department thinks either u dont have any rights or it's ok for them to delay non EU applications without any reason.
If u remember it was Francis Minster of justice when they start ignoring application and u should also remember incidents around that time. If one department cant do background checks in reasonable time then they shouldn't be there.
Now if u talk about judicial review cost then just apply to court and u will see 90 % chances they will give u decision before that.
Citizenship department is also afraid about judicial review cost so it's old trick to threaten the applicants with judicial review cost.
My file is with the barrister now and he's going to do the judicial review. Sometimes the court settle the matter in first step. Sometimes they go forward. Hopefully my case will come to an end this time.

Finepaddy,

Sir, Can I apply to judicial review without solicitor or barrister?
Is it possible?
And Anyone knows What is judicial review cost?
U can apply judicial review by ur self but it's not that easy, second u can find solicitor who can charge u around 600,700. Rest cost will be on citizenship department. People dont know mostly solicitor charge u as well and they get paid by departmen too.

kseni
Junior Member
Posts: 61
Joined: Thu May 24, 2018 10:40 am
Russia

Re: delay in citizenship application - applied in 2016

Post by kseni » Tue Apr 23, 2019 9:33 pm

my solicitor told me he has no problem to send a letter but also said we'd better not make empty threats of judicial review. :?
i've also poked another td who is closer to my area, they seemed to submit the inquiry already.
does anyone have an experience with INIS replies to TDs before and after FOI file received? is it the same copy-paste or can i hope for something different after seeing no progress on my case for 2 years?
it's all super super depressing :cry:

littlerr
Senior Member
Posts: 520
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: delay in citizenship application - applied in 2016

Post by littlerr » Wed Apr 24, 2019 8:13 am

kseni wrote:
Tue Apr 23, 2019 9:33 pm
my solicitor told me he has no problem to send a letter but also said we'd better not make empty threats of judicial review. :?
i've also poked another td who is closer to my area, they seemed to submit the inquiry already.
does anyone have an experience with INIS replies to TDs before and after FOI file received? is it the same copy-paste or can i hope for something different after seeing no progress on my case for 2 years?
it's all super super depressing :cry:
Your FOI is a very important proof to suggest that they have not found anything adverse and they have not done anything in the last year. That will be a 'valid' threat.

Talk to your lawyer and give them your FOI. Ask them to examine the document and look for anything that may be adverse for you. Unless INIS can prove that there is a reason that they did not disclose any information in that FOI (normally related to national security), they can not justify the delay. If your lawyer still don’t want to apply for judicial review, find another one.

Paddy_Leprechaun
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Joined: Wed Apr 11, 2018 2:10 pm
Mood:
Ireland

Re: delay in citizenship application - applied in 2016

Post by Paddy_Leprechaun » Wed Apr 24, 2019 9:58 am

kseni wrote:
Tue Apr 23, 2019 9:33 pm
my solicitor told me he has no problem to send a letter but also said we'd better not make empty threats of judicial review. :?
i've also poked another td who is closer to my area, they seemed to submit the inquiry already.
does anyone have an experience with INIS replies to TDs before and after FOI file received? is it the same copy-paste or can i hope for something different after seeing no progress on my case for 2 years?
it's all super super depressing :cry:
My experience TD's inquiries by email are useless. Not much different than your own emails. I believe the only difference is the parliamentary written question for which the department has to respond in writing and it becomes part of the proceedings of the parliament (https://www.oireachtas.ie/en/debates/qu ... 25/#pq_125) and the same TD can give reference to the previous question if the file is not moved in 2-3 months after the inquiry. My experience, some TD's are happy to ask the parliamentary question while others are reluctant. If you have good support from the TD, you can ask them to rephrase their question asking "the applicant has received a copy of the file under FOI and why there is no paper trail for any work done on the file for such a long period?

niccim
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Posts: 19
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Ireland

Re: delay in citizenship application - applied in 2016

Post by niccim » Thu Apr 25, 2019 2:13 pm

the_pious wrote:
Thu Feb 08, 2018 1:27 pm
These delays are unreasonable: I believe that is about time somebody takes this matter to court. There is a precedence for that. As mentioned in the following link, EU law requires the processing to be completed in 6 months.

http://www.thejournal.ie/high-court-all ... 5-Jun2012/
Good to see this. It's horrible how long people are waiting.

rockyguy
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Re: delay in citizenship application - applied in 2016

Post by rockyguy » Wed May 08, 2019 4:55 pm

niccim wrote:
Thu Apr 25, 2019 2:13 pm
the_pious wrote:
Thu Feb 08, 2018 1:27 pm
These delays are unreasonable: I believe that is about time somebody takes this matter to court. There is a precedence for that. As mentioned in the following link, EU law requires the processing to be completed in 6 months.

http://www.thejournal.ie/high-court-all ... 5-Jun2012/
Good to see this. It's horrible how long people are waiting.
Hello Guys!
This thread have been quiet in ages. Is there any updates on 2016 delayed applications?? My file is with the barrister and waiting for some action. Please share your experiences.

Makhtar8155
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Ireland

Re: delay in citizenship application - applied in 2016

Post by Makhtar8155 » Thu May 16, 2019 6:55 pm

Hi guys i had appt with my solicitor he is agree to go to high court but he was asking €3000.thats too much do anybody know any cheap immigration lawyer.

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CR001
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Re: delay in citizenship application - applied in 2016

Post by CR001 » Thu May 16, 2019 6:58 pm

Makhtar8155 wrote:
Thu May 16, 2019 6:55 pm
Hi guys i had appt with my solicitor he is agree to go to high court but he was asking €3000.thats too much do anybody know any cheap immigration lawyer.
Members are not permitted to post names and details of lawyers 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.

littlerr
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China

Re: delay in citizenship application - applied in 2016

Post by littlerr » Thu May 16, 2019 7:31 pm

Makhtar8155 wrote:
Thu May 16, 2019 6:55 pm
Hi guys i had appt with my solicitor he is agree to go to high court but he was asking €3000.thats too much do anybody know any cheap immigration lawyer.
3000 euro is quite a fair price if not a bargain to be honest... My girlfriend's company has appointed a barrister to write a similar letter for the purpose of judicial review and that cost 7000.

You can always ask around - write an email and send it to as many barristers you can find on Google as possible.

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