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

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

Post by Vorona » Thu Apr 29, 2021 9:53 pm

nojoyfrominis wrote:
Thu Apr 29, 2021 9:36 pm
Reference letter is not included as it is written by someone else. It is data about you confidentially provided by third party. So doesn’t come under the realms of foi
the same can be said about any other external reports. I found out about the reference when she texted me saying that they got in touch with her.

johnpromise01
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by johnpromise01 » Thu Apr 29, 2021 11:27 pm

polarcub wrote:
Thu Apr 29, 2021 9:06 pm
They have a lot of FOIs to deal with. They quote everyone with a date, and then miss the date. It's routine.
Just follow up by email, so your FOI doesn't fall through the cracks. Expect to wait another 4 weeks to get it.
johnpromise01 wrote:
Thu Apr 29, 2021 2:06 pm
Last month I made a request FOI on citizenship file and they wrote in their acknowledgement that:

"A final decision on your request would normally be sent to you within 4 weeks, where a
week is defined as 5 working days excluding the weekend and public holidays. This
means that you can expect a decision letter to issue not later than 27/04/2021".


But today is 27/04/2021 and I am yet to get a decision on FOI. What could have happened?
Then at least any missed FOI request's date deserved a notice of extention before or on the initial expected date of a decision. Today is the final expected date for a decision but I have received nothing so far.

johnpromise01
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by johnpromise01 » Fri Apr 30, 2021 7:48 pm

I got my minors FOI request decision today and I still did not understand. Below is the content. I will have to contact my solicitor:

Your request sought - Copy of my child’s Citizenship file


Decision


A final decision was made on your request by a HEO in this Department. I am sorry to inform you that we cannot locate the records and that I must therefore refuse your request. This decision is made under section 15(1)(a) of the Act. Section 15(1)(a) of the Act states that an FOI request may be refused if: "the record concerned does not exist or cannot be found after all reasonable steps to ascertain its whereabouts have been taken"

1. Rights of Review In the event that you are not happy with this decision you may seek a review of this decision by writing to the Freedom of Information Unit, foi@justice.ie seeking an internal review of the matter and referring to or enclosing a copy of this letter. You should submit this within 4 weeks from the date of this notification, where a day is defined as a working day excluding the weekend and public holidays.....



What could be the reason? Or they lost my minors application and documents?

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 Apr 30, 2021 8:52 pm

"the record concerned does not exist or cannot be found after all reasonable steps to ascertain its whereabouts have been taken"

You should first rule out the first part of that statement that is the record concerned does not exist. Maybe if you have an email where you inquired about the status of minor's application and they would have responded saying something like continue to be processed or advanced stage of processing ... maybe use that email response as an evidence to appeal and tell them that the record does exist.

johnpromise01
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by johnpromise01 » Fri Apr 30, 2021 9:28 pm

pluto1992 wrote:
Fri Apr 30, 2021 8:52 pm
"the record concerned does not exist or cannot be found after all reasonable steps to ascertain its whereabouts have been taken"

You should first rule out the first part of that statement that is the record concerned does not exist. Maybe if you have an email where you inquired about the status of minor's application and they would have responded saying something like continue to be processed or advanced stage of processing ... maybe use that email response as an evidence to appeal and tell them that the record does exist.
I have acknowledgement letters from them but no reference number and receipts of payment. . I also have email replies from them. All are about my minors applications.

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

Post by avta » Sat May 01, 2021 12:40 am

Hi,

How does it come that you don't have the application number and receipt?
This sounds very vired.
It looks like they did not process your child's documents into the system at all.

BR,

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

Post by Dawntodusk » Sat May 08, 2021 3:21 am

Am just wondering that me and my wife applied for citizenship same time. We always received every single letter together. But she received her approval on 4th may letter dated 29 april. And am still waiting for it. What could be the possibility delay in my case?

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

Post by Dodi412 » Mon May 10, 2021 8:08 pm

Anyone got their high court or JR waiting for more than 6 weeks?

Statusquo73
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by Statusquo73 » Wed May 12, 2021 12:45 pm

I think if many people apply to the JR, Department of INIS will be under pressure to reply to the court that is why they will grant citizenship applications to everyone.

Just many people should apply ASAP

johnpromise01
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by johnpromise01 » Wed May 12, 2021 1:42 pm

Dawntodusk wrote:
Sat May 08, 2021 3:21 am
Am just wondering that me and my wife applied for citizenship same time. We always received every single letter together. But she received her approval on 4th may letter dated 29 april. And am still waiting for it. What could be the possibility delay in my case?
When did you and your wife apply?

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

Post by Dawntodusk » Wed May 12, 2021 1:59 pm

August 2018

GoWentGone123
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by GoWentGone123 » Fri May 14, 2021 10:55 am

Hi guys, i have read the process for applying FOI but still have a query. Can we apply through email and also what records are we looking for, i mean personal or non-personal?

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

Post by SamH » Mon May 17, 2021 2:46 pm

@fuzzbizz

I see from the "2019 Citizenship Applications Timelines Only" thread that you've included "Garda e-vetting form: 17/05/2021" on your timeline.

Is this a form you received? I was under the impression that this is a new step that would only apply to more recent applications.

Would be very interesting to get your thoughts on this.

Cheers,
S

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

Post by fuzzbizz » Mon May 17, 2021 2:50 pm

SamH wrote:
Mon May 17, 2021 2:46 pm
@fuzzbizz

I see from the "2019 Citizenship Applications Timelines Only" thread that you've included "Garda e-vetting form: 17/05/2021" on your timeline.

Is this a form you received? I was under the impression that this is a new step that would only apply to more recent applications.

Would be very interesting to get your thoughts on this.

Cheers,
S
Yes, it's a simple 2 page form they sent me in the post. It just asked for a few details and my signature. I applied April 2019.

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

Post by polarcub » Wed May 19, 2021 6:18 am

You email: foi@justice.ie

You request a Personal FOI here (as it relates to you): http://www.justice.ie/en/JELR/FOI%20App ... 20Form.pdf

You request all records pertaining to your citizenship application and provide the application number.

You need to send in a copy of your ID (i.e. passport) along with the application.
GoWentGone123 wrote:
Fri May 14, 2021 10:55 am
Hi guys, i have read the process for applying FOI but still have a query. Can we apply through email and also what records are we looking for, i mean personal or non-personal?

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

Post by KateProk » Wed May 19, 2021 9:31 am

I received my documents via FOI. The documents have a file with title "Request for Garda Vetting"; the file contains my name, addresses in Ireland, GNIB number etc. It is dated December 2019. But I don't see any "response" from Garda, e.g. saying that there are no convictions etc. Does it mean the vetting request is still not finished? Or is ok not to have the "response" file from Garda (i.e. there shouldn't be one)?

I applied in May 2019.

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

Post by zoie777777 » Wed May 19, 2021 11:56 am

fuzzbizz wrote:
Mon May 17, 2021 2:50 pm
SamH wrote:
Mon May 17, 2021 2:46 pm
@fuzzbizz



I see from the "2019 Citizenship Applications Timelines Only" thread that you've included "Garda e-vetting form: 17/05/2021" on your timeline.

Is this a form you received? I was under the impression that this is a new step that would only apply to more recent applications.

Would be very interesting to get your thoughts on this.

Cheers,
S
Yes, it's a simple 2 page form they sent me in the post. It just asked for a few details and my signature. I applied April 2019.

Hi I've received same asking you not gonna have problem if we do your e vetting sign and sent back but couldn't recieved anything back yet even on garda website it says vetting takes 2 weeks, I believe its nothing but just delaying tactics so we cant put pressure through courts to inis
Please let us know @fuzzbiz if any update comes up

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

Post by polarcub » Wed May 19, 2021 7:59 pm

I applied in the same time frame, and with my FOI there was one garda vetting document done. Some people in this forum have had a few garda vetting done (1 per year).

It could very well be that they haven't done the garda vetting for you yet. Otherwise it would show. The only other possible explanation is that they did one, but chose to omit; however they can only omit things like investigations, and I can't see how a standard Garda vetting would be that.

You are at the 2 year waiting mark, you have a lot of leverage to push your application along - have you sent any warning letters via a lawyer yet?
KateProk wrote:
Wed May 19, 2021 9:31 am
I received my documents via FOI. The documents have a file with title "Request for Garda Vetting"; the file contains my name, addresses in Ireland, GNIB number etc. It is dated December 2019. But I don't see any "response" from Garda, e.g. saying that there are no convictions etc. Does it mean the vetting request is still not finished? Or is ok not to have the "response" file from Garda (i.e. there shouldn't be one)?

I applied in May 2019.

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

Post by KateProk » Wed May 19, 2021 9:20 pm

polarcub wrote:
Wed May 19, 2021 7:59 pm
I applied in the same time frame, and with my FOI there was one garda vetting document done. Some people in this forum have had a few garda vetting done (1 per year).

It could very well be that they haven't done the garda vetting for you yet. Otherwise it would show. The only other possible explanation is that they did one, but chose to omit; however they can only omit things like investigations, and I can't see how a standard Garda vetting would be that.

You are at the 2 year waiting mark, you have a lot of leverage to push your application along - have you sent any warning letters via a lawyer yet?
KateProk wrote:
Wed May 19, 2021 9:31 am
I received my documents via FOI. The documents have a file with title "Request for Garda Vetting"; the file contains my name, addresses in Ireland, GNIB number etc. It is dated December 2019. But I don't see any "response" from Garda, e.g. saying that there are no convictions etc. Does it mean the vetting request is still not finished? Or is ok not to have the "response" file from Garda (i.e. there shouldn't be one)?

I applied in May 2019.
May I ask how do you understand the garda vetting is done? In my case, I see a document with the title "Request for Garda Vetting". Does it mean the vetting is done? Or to be considered done, there should be an additional document that says the vetting is done, or something similar?

No, I haven't sent the warning.

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

Post by makaako » Wed May 19, 2021 10:41 pm

I believe it's been done. There should be a stamp within the "Request for Garda Vetting" document from Garda Criminal Records Office that shows the date and a note saying 'No convictions recorded on particulars supplied".

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

Post by KateProk » Thu May 20, 2021 3:00 pm

Yesterday, I asked my question there, and today, I found a from to give my permission for garda e-vetting in my post box :) Hopefully, this check will be done quickly and my application will move.

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

Post by happygolucky1 » Mon May 24, 2021 11:56 am

Can any one tell if the response to FOI is received electronically on email or via the normal post ? Thanks in advance !!

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

Post by polarcub » Mon May 24, 2021 3:26 pm

If you sent in the application via email you'll get it by email.

If you posted the application via mail and want to get the results via email, just email them and tell them.
happygolucky1 wrote:
Mon May 24, 2021 11:56 am
Can any one tell if the response to FOI is received electronically on email or via the normal post ? Thanks in advance !!

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

Post by Joogoduniya » Wed May 26, 2021 1:06 pm

Application Based On: NonEU (Stamp 1 + Stamp 4)
Applied On: 14/05/2018
Application received On: 17/05/2018
Acknowledgement : 28/05/2018 (received passport back and receipt of payment with a letter stating that my application advanced to 2nd stage. Since then have not heard any thing from citizenship team and they never asked about any documentations.)

I had asked them about status of my application through emailS but same copy and paste reply that Your application is being prepared for submission but not submitted yet minister.

Warning Letter: On 10th May'21, I asked my solicitor to send them warning letter to start JR if they don't give a decision on my application.
Citizenship team letter sent a letter on 24th May'2021 promising that '' WE will issue decision on your application in 12 weeks and don't go for JR.''

usmanch313
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Re: Citizenship delays: FOI and an application for an Order for Mandamus via the High Courts

Post by usmanch313 » Wed May 26, 2021 2:31 pm

Joogoduniya wrote:
Wed May 26, 2021 1:06 pm
Application Based On: NonEU (Stamp 1 + Stamp 4)
Applied On: 14/05/2018
Application received On: 17/05/2018
Acknowledgement : 28/05/2018 (received passport back and receipt of payment with a letter stating that my application advanced to 2nd stage. Since then have not heard any thing from citizenship team and they never asked about any documentations.)

I had asked them about status of my application through emailS but same copy and paste reply that Your application is being prepared for submission but not submitted yet minister.

Warning Letter: On 10th May'21, I asked my solicitor to send them warning letter to start JR if they don't give a decision on my application.
Citizenship team letter sent a letter on 24th May'2021 promising that '' WE will issue decision on your application in 12 weeks and don't go for JR.''
Hi JoogoDunya Brother

I hope you will get decision soon as you are waiting since 2018.

Just wondering most of people getting these type of response from Citizenship that they will issue decision in 8 Weeks or 12 weeks۔ let say you will get decision in next 8 Weeks time by now ۔
There is no Cermoney announced yet after JUNE 2021 so if you get decision after June so will get Certificate as well or they they postphone till next Cermoney۔
Just wondering if you and or any one can respond on this

Thanks

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