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Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Forum to discuss all things Blarney | Ireland immigration

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johnpromise01
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Ireland

Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by johnpromise01 » Wed Mar 10, 2021 7:23 pm

Vorona wrote:
Wed Mar 10, 2021 3:02 pm
water_tank1 wrote:
Wed Mar 10, 2021 2:56 pm
Looking for advice

I'm thinking of sending an FOI request to see what's been happening with my Citizenship application. I've been waiting for 20 months now. I seem to be getting the usual copy & paste replies every time I request an update.

Do you think it will have an impact on my application if I send an FOI request?
No. A copy of your file will be given to you for your personal use. Under the Data protection laws anyone has a right to get access to their data and this is done through the process of making a request. It will not make any negative or positive impact on your application for naturalisation.

Is it allowed to make FOI twice? If someone made the request like last year, can the same person make another request this year?

Vorona
- thin ice -
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Ireland

Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by Vorona » Wed Mar 10, 2021 7:50 pm

johnpromise01 wrote:
Wed Mar 10, 2021 7:23 pm
Is it allowed to make FOI twice? If someone made the request like last year, can the same person make another request this year?
Yes. If you think you can find anything interesting you can ask for another one. But personally I wouldn't bother, it's probably going to be another Garda vetting request and nothing else.

johnpromise01
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Posts: 226
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Ireland

Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by johnpromise01 » Wed Mar 10, 2021 7:56 pm

Vorona wrote:
Wed Mar 10, 2021 7:50 pm
johnpromise01 wrote:
Wed Mar 10, 2021 7:23 pm
Is it allowed to make FOI twice? If someone made the request like last year, can the same person make another request this year?
Yes. If you think you can find anything interesting you can ask for another one. But personally I wouldn't bother, it's probably going to be another Garda vetting request and nothing else.
"it's probably going to be another Garda vetting request and nothing else".

I don't understand the correlation?

Vorona
- thin ice -
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Ireland

Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by Vorona » Wed Mar 10, 2021 8:21 pm

johnpromise01 wrote:
Wed Mar 10, 2021 7:56 pm
I don't understand the correlation?
Two or three people in this topic reported that they did not see much being done to their application in a long time apart from repetitive Garda vetting requests. What I'm saying is that it is possible that you will not see anything new on your file other that another criminal record report from police.

johnpromise01
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Ireland

Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by johnpromise01 » Wed Mar 10, 2021 8:25 pm

Vorona wrote:
Wed Mar 10, 2021 8:21 pm
johnpromise01 wrote:
Wed Mar 10, 2021 7:56 pm
I don't understand the correlation?
Two or three people in this topic reported that they did not see much being done to their application in a long time apart from repetitive Garda vetting requests. What I'm saying is that it is possible that you will not see anything new on your file other that another criminal record report from police.
Ok thanks.

polarcub
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by polarcub » Tue Mar 16, 2021 3:24 am

The department is saying that it hopes to clear the backlog for anyone waiting 2+years* by June, and they will contact such applicants directly by the end of this month - anyone receive a letter by the INIS yet? It's progress, but i'm skeptical if they will actually follow through with this.

https://www.thejournal.ie/justice-depar ... 5-Mar2021/

*waiting 2+years as of Dec 31 2020

Emu1990
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by Emu1990 » Tue Mar 16, 2021 7:35 am

polarcub wrote:
Tue Mar 16, 2021 3:24 am
The department is saying that it hopes to clear the backlog for anyone waiting 2+years* by June, and they will contact such applicants directly by the end of this month - anyone receive a letter by the INIS yet? It's progress, but i'm skeptical if they will actually follow through with this.

https://www.thejournal.ie/justice-depar ... 5-Mar2021/

*waiting 2+years as of Dec 31 2020
Waiting 2 years 4 months...

Paddy1996
Junior Member
Posts: 98
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Albania

Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by Paddy1996 » Tue Mar 16, 2021 8:56 am

Emu1990 wrote:
Tue Mar 16, 2021 7:35 am
polarcub wrote:
Tue Mar 16, 2021 3:24 am
The department is saying that it hopes to clear the backlog for anyone waiting 2+years* by June, and they will contact such applicants directly by the end of this month - anyone receive a letter by the INIS yet? It's progress, but i'm skeptical if they will actually follow through with this.

https://www.thejournal.ie/justice-depar ... 5-Mar2021/

*waiting 2+years as of Dec 31 2020
Waiting 2 years 4 months...
3 years and 2 months 😂

Paddy1996
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Albania

Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by Paddy1996 » Wed Mar 17, 2021 12:25 pm

polarcub wrote:
Thu Mar 04, 2021 7:31 pm
Sorry to hear that. Has your lawyer advised why that is? It's so odd as it's a court order. Is it as a result of the pandemic? What are your options now legally speaking?
Paddy1996 wrote:
Thu Mar 04, 2021 7:08 am
polarcub wrote:
Thu Mar 04, 2021 4:30 am
[Based on legal advice]

The current situation at the department is there are a lot of delays. A straightforward application can take 18 months. (Apparently nationalities from Iraq, Afghanistan, Syria, Pakistan are known to wait longer). There was already a backlog ahead of the 2019 court challenge, and when the legal challenge happened there was actually no processing for the full 4 months. The when covid happened processing halted for 6 months straight. There doesn't seem to be any real order to how and when applications get a decision - you can be lucky and it'll happen quickly or unlucky and wait years as your application collects dust.

To force a decision, you have to do a Judicial Review (JR). It's not a law, but it's a high court practise that you need to wait two years before making that application. A JR is the last resort. The steps towards forcing a decision is as follows:

1. Made a Freedom of Information (FOI) request to the Department
- This is free and can take 5-8 weeks to process (based on the current situation).
- You do need to see what's in your file first.
2. Send the 1st warning letter
- A lawyer threatens the department with JR proceedings
- they are given about 6 weeks to respond
- This may force a decision, or may generate a generic response. But if there are any issues with the application (e.g. security checks) it will be stated at this point.
- To be a credible threat you need to be close to your 2 year waiting mark (say up to 3/4 months prior) or past it
- It can cost you around c.200 EUR
3. Send a 2nd warning letter (optional)
- depending on the response from the 1st letter your lawyer will determine if you need to do this
- Given another 6 weeks to respond
- You may get a decision at this stage
- It can cost you around c.200 EUR
4. JR proceedings
- Your lawyer will instruct a barrister (takes about 2 weeks) and then makes an application to the High Courts for a JR
- The High Court will always issue an Order of Mandamus (which forces the department to make a decision)
- The department doesn't fight a JR to drag it out, you get a decision within a few days
- This option is costly because your lawyer will rely on a barrister, but you would be doing this as a last resort and your lawyer will have confidence you have a solid case
- You can pay up to 5k for this stage depending on how reputable your lawyer is, but at the end will get a decision (it's worth noting that several people on this forum paid 1-1.5k for a JR)

The entire JR process from the moment the first warning letter is sent is 6 months. You are not entitled to citizenship, but you are entitled to get a decision on your application in a reasonable time. If you work backwards, the earliest you can start thinking about this process if you want to force a decision is after the anniversary of the 1.5 year waiting mark.
I have done the whole this process and still didint got decision as it’s was agreed by JR
Just got n email from my solicitor that the Chef states solicitors has sent an email to her confirming that they have got a decision and it will be in my post in the coming days so fingers crossed 🤞 for positive decision
Does anyone know how long does it take untill it arrives on the post ?

johnpromise01
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Posts: 226
Joined: Fri Dec 20, 2019 10:39 am
Ireland

Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by johnpromise01 » Wed Mar 17, 2021 2:05 pm

Vorona wrote:
Fri Jan 15, 2021 4:30 pm
polarcub wrote:
Fri Jan 15, 2021 4:04 pm
Do you have any idea on what the cost would be?
Several thousands of euros I believe just for your own costs. Depending on many different factors.
Paddy1996 wrote:
Fri Jan 15, 2021 1:36 pm
Well I won’t be able to get nothing from my country as I have been granted with a refugee status in Ireland that mean they can’t ask me noting in relation Albanian as they have no rights as I do not be able to get anything from my own country I am not even able to go back to home since 7 years
You don't have to go to Albania to get your criminal record. Request it from Albanian embassy or ask your relatives. They must help you with this. You can be a refugee, but you're still Albanian citizen.
Be positive. Congratulations in advance.

Paddy1996
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Posts: 98
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Albania

Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by Paddy1996 » Wed Mar 17, 2021 3:53 pm

johnpromise01 wrote:
Wed Mar 17, 2021 2:05 pm
Vorona wrote:
Fri Jan 15, 2021 4:30 pm
polarcub wrote:
Fri Jan 15, 2021 4:04 pm
Do you have any idea on what the cost would be?
Several thousands of euros I believe just for your own costs. Depending on many different factors.
Paddy1996 wrote:
Fri Jan 15, 2021 1:36 pm
Well I won’t be able to get nothing from my country as I have been granted with a refugee status in Ireland that mean they can’t ask me noting in relation Albanian as they have no rights as I do not be able to get anything from my own country I am not even able to go back to home since 7 years
You don't have to go to Albania to get your criminal record. Request it from Albanian embassy or ask your relatives. They must help you with this. You can be a refugee, but you're still Albanian citizen.
Be positive. Congratulations in advance.
Thanks, johnpromise01 , it’s seems a bit strange getting a email confirmation From Chef state solicitor, saying the decision has been made and it’s on the way , as this should be Department of Justice who should sent this kind of confirmation, but anyway my only way it’s to wait for the post 🤞

polarcub
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by polarcub » Wed Mar 17, 2021 4:58 pm

Fingers crossed for you!

Taken from An Post: "Standard post items are normally delivered by An Post one to two days after posting."

Paddy1996
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Albania

Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by Paddy1996 » Thu Mar 18, 2021 10:01 am

polarcub wrote:
Wed Mar 17, 2021 4:58 pm
Fingers crossed for you!

Taken from An Post: "Standard post items are normally delivered by An Post one to two days after posting."
Thanks Polarcub , what time does the registration post usually comes in the post ?

facistwon
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Argentina

Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by facistwon » Fri Mar 19, 2021 11:28 am

Following a long dramatic scene, it's good to hear atleast a decision has been made.

Pity to say more suspense being created.

As for chief State solicitor, it's a common practice for her to respond on behalf of department as it was a matter before the court, regardless of.

Relax and take a deep breath, perhaps you are overvaluing what you don’t have and undervaluing what you do.

It's only a matter of days when you return to your solicitor for signing declaration. (Hopefully). :)

Regards 👍

Paddy1996
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Posts: 98
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Albania

Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by Paddy1996 » Fri Mar 19, 2021 1:30 pm

Tbh I still don’t trust on their emails untill I get the decision in my post 😂😂

pluto1992
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by pluto1992 » Fri Mar 19, 2021 3:00 pm

I had applied to get a copy of my record under FOI Act. I applied on 15th Feb. I was supposed to get my record by 15th March. Instead I had got a letter stating this:

"Time Extension
The Deciding Officer assigned to process your request has requested a time extension
of four weeks to process this request. Under Section 14 of the FOI Act, a deciding
officer may extend the standard four week period in which to answer a request."


Even FOI request is delayed :roll:

polarcub
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by polarcub » Fri Mar 19, 2021 3:59 pm

Be prepared to wait even 8 weeks in total. There are a lot of delays. But it's just a matter of time!
pluto1992 wrote:
Fri Mar 19, 2021 3:00 pm
I had applied to get a copy of my record under FOI Act. I applied on 15th Feb. I was supposed to get my record by 15th March. Instead I had got a letter stating this:

"Time Extension
The Deciding Officer assigned to process your request has requested a time extension
of four weeks to process this request. Under Section 14 of the FOI Act, a deciding
officer may extend the standard four week period in which to answer a request."


Even FOI request is delayed :roll:

polarcub
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by polarcub » Fri Mar 19, 2021 4:00 pm

If it's registered post, just ask for the tracking number and you'll see.
Paddy1996 wrote:
Fri Mar 19, 2021 1:30 pm
Tbh I still don’t trust on their emails untill I get the decision in my post 😂😂

Paddy1996
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Albania

Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by Paddy1996 » Fri Mar 19, 2021 6:00 pm

polarcub wrote:
Fri Mar 19, 2021 4:00 pm
If it's registered post, just ask for the tracking number and you'll see.
Paddy1996 wrote:
Fri Mar 19, 2021 1:30 pm
Tbh I still don’t trust on their emails untill I get the decision in my post 😂😂
Don’t know who should I ask for , probably I I’ll be waiting untill next week it should be something on the post

polarcub
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by polarcub » Thu Apr 01, 2021 9:24 pm

Did you end up getting the response by post?

Emu1990
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by Emu1990 » Fri Apr 09, 2021 8:40 pm

"TheJournal.ie - Frontline workers among 1,200 people granted Irish citizenship since January" https://www.thejournal.ie/irish-citizen ... 021/?amp=1

Dodi412
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by Dodi412 » Sat Apr 10, 2021 5:22 pm

I have a question regarding JR. Has anyone applied for it and got nothing after? Solicitor said it can take up to 6 weeks but is it guaranteed they will give a decision?


Thanks guys :)

Rude555
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by Rude555 » Sat Apr 10, 2021 8:03 pm

Hi,

I want to apply for FOI. I am not sure about the email address if someone know please share it and can we request FOI via email???

Many thanks

Akeel
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Pakistan

Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by Akeel » Sat Apr 10, 2021 8:43 pm

Dodi412 wrote:
Sat Apr 10, 2021 5:22 pm
I have a question regarding JR. Has anyone applied for it and got nothing after? Solicitor said it can take up to 6 weeks but is it guaranteed they will give a decision?


Thanks guys :)
Hi I got my decision through judicial review on 6 April 2021....my solicitor lodge judicial review on 22 March 2021 and I got decision on 6th April....

irishman003
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Ireland

Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by irishman003 » Sat Apr 10, 2021 9:45 pm

Akeel wrote:
Sat Apr 10, 2021 8:43 pm
Dodi412 wrote:
Sat Apr 10, 2021 5:22 pm
I have a question regarding JR. Has anyone applied for it and got nothing after? Solicitor said it can take up to 6 weeks but is it guaranteed they will give a decision?


Thanks guys :)
Hi I got my decision through judicial review on 6 April 2021....my solicitor lodge judicial review on 22 March 2021 and I got decision on 6th April....

That's great, congrats!! Would you mind telling me how much you spent?

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