Equal Treatment !

Just saw this IMPORTANT document and i thought i should share this

"Have a read as follows
"Article 12 of the EC Treaty bans all forms of discrimination on the grounds of nationality. However, this does not extend to reverse dicsrimination where EU citizens may be treated better than nationals. If Irish citizens are granted an absolute right to non-deportation, then this would necessarily have to be extended to all EU nationals (see wording of Article 12 that prohibits the less favourable treatment of EU citizens compared to nationals). Directive 2004/38 sets out the conditions under which EU nationals may be deported. If British nationals cannot be deported and Irish nationals cannot be deported out of the UK, but EU nationals can, then this will be discrimination."
Link to the Article 12
http://europa.eu.int/eur-lex/lex/en/tre ... 03301.html

Hi Runie,
Sorry to dampen the mood with this post, but I fail to see the relevance?

The status of the EU person is never argued by GNIB/INIS/DoJELR, it is the status of the non-EU spouse that is the issue.

If anything, I'd base any appeal to deportation on the Irish constitution, article 41, which explicitly states that the family (and its unison) are to be protected by the State at all times. This Constitution safeguards the rights of both Irish Nationals and EU Nationals (and their spouses providing they are legally in the country).

The Irish Authorities will not deport EU nationals, only when they are a danger to public order. The way I see it, the constitution provides a barrier to deportation of any person validly married to and Irish or EU notional, providing they immigrated to this country legally.

or am I missing/misreading something?