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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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polarcub
Member
Posts: 104
Joined: Sat Jan 04, 2020 4:20 am
Mood:
Ireland

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

Post by polarcub » Mon Jun 28, 2021 9:31 pm

If I understood your post correctly, you went to the Courts for a JR, the courts granted a JR in your favour, and gave the Department until the end of July to make a decision? If that's the case then the court has made a ruling and you should have a response on your application (approved or denied) by the end of July.

Janidushman47 wrote:
Sun Jun 27, 2021 2:36 pm
Hello Everyone.
I have been waiting my Citizenship approval more than 30 month ,
I only received Acknowledgement letter no further Correspondence most of time got response by email

Your application is currently being processed with a view to establishing
whether it meets the statutory conditions for the granting of
naturalisation, such as good character and lawful residence, and will be
submitted to the Minister for decision as expeditiously as possible
So I decided to go for Judicial Review .
So my Solicitor send intial Notice for 14 Days if didn't hear so we will go for Judicial Review.
So NO response from Department just copy paste answer your acknowledgement is forwarded to revelent department.
My Solicitor Applied JR in High court which was accepted and Court gave time by End July .

So did Department will make decisions by the end of July or they will asked more time

Any idea ?

Thanks

Janidushman47
Newly Registered
Posts: 5
Joined: Sun Jun 27, 2021 2:23 pm
Ireland

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

Post by Janidushman47 » Mon Jun 28, 2021 9:50 pm

Thank you so much for response

Yes that is exactly happened, just wondering did department can asked more time as well or most of chances they will issue decision.

Look forward

usmanch313
Member
Posts: 170
Joined: Thu May 12, 2016 1:49 pm

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

Post by usmanch313 » Mon Jun 28, 2021 10:53 pm

Well highly Chances they will issue decision by End of July ۔
Very rare case they will request further time with promise that they will issue decision in certain time۔

May asked what is currently status

Janidushman47
Newly Registered
Posts: 5
Joined: Sun Jun 27, 2021 2:23 pm
Ireland

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

Post by Janidushman47 » Tue Jun 29, 2021 11:27 am

I applied base on Non EU , my stamp was revoked and I applied review and they granted successfully 10 years permission , i always up to date department all the time when I received permission.
January 2021 I send 4 time my new IRP card they didn't respond. No acknowledgement of receving documents.
I'm also father of 2 Irish Citizens Child who currently living with me .

So then I decided to go through Solister and he advised me we will send intial letter and then no response from DOJ then he filed JR which was on my favour .
I really hope they will issue decision by end of July .

hako
Newbie
Posts: 34
Joined: Sat May 09, 2020 9:50 pm
Turkey

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

Post by hako » Tue Jun 29, 2021 6:40 pm

Hi everyone,

My wife applied for citizenship in March 2020 and got her papers back probably by May 2020. Since then its complete silence. Normally people get a second stage letter and not even that for her. It's been more than 1 year for her and no movement at all. Would you guys suggest me to go for FOI or shall we wait a bit longer to see if we will ever receive a second stage letter.

Vorona
- thin ice -
Posts: 499
Joined: Mon Mar 16, 2020 6:34 pm
Ireland

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

Post by Vorona » Tue Jun 29, 2021 7:09 pm

hako wrote:
Tue Jun 29, 2021 6:40 pm
Hi everyone,

My wife applied for citizenship in March 2020 and got her papers back probably by May 2020. Since then its complete silence. Normally people get a second stage letter and not even that for her. It's been more than 1 year for her and no movement at all. Would you guys suggest me to go for FOI or shall we wait a bit longer to see if we will ever receive a second stage letter.
This is unusual. It's very likely that the letter was sent but was lost in transit.
You can submit a FOI request, and it will have copies of all letter that were sent to you.

But to be honest, i am almost 100% sure that the letter was simply lost. Just email to them and ask for copy of the letter to be re-sent. It never takes that long for the second letter, even during lockdown.

hako
Newbie
Posts: 34
Joined: Sat May 09, 2020 9:50 pm
Turkey

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

Post by hako » Tue Jun 29, 2021 7:19 pm

Vorona wrote:
Tue Jun 29, 2021 7:09 pm
hako wrote:
Tue Jun 29, 2021 6:40 pm
Hi everyone,

My wife applied for citizenship in March 2020 and got her papers back probably by May 2020. Since then its complete silence. Normally people get a second stage letter and not even that for her. It's been more than 1 year for her and no movement at all. Would you guys suggest me to go for FOI or shall we wait a bit longer to see if we will ever receive a second stage letter.
This is unusual. It's very likely that the letter was sent but was lost in transit.
You can submit a FOI request, and it will have copies of all letter that were sent to you.

But to be honest, i am almost 100% sure that the letter was simply lost. Just email to them and ask for copy of the letter to be re-sent. It never takes that long for the second letter, even during lockdown.
Hi Vorona,

Yeah, it also felt very strange to me. Before I go with FOI we may ask them via email. citizenshipinfo@justice.ie is this the contact address of the department?

Vorona
- thin ice -
Posts: 499
Joined: Mon Mar 16, 2020 6:34 pm
Ireland

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

Post by Vorona » Tue Jun 29, 2021 7:25 pm

hako wrote:
Tue Jun 29, 2021 7:19 pm
Yeah, it also felt very strange to me. Before I go with FOI we may ask them via email. citizenshipinfo@justice.ie is this the contact address of the department?
Yes, that is the correct email address. Put in the application number, and ask clearly in the email to send you copies of all letters that were sent since the date of application. I've seen person on this forum not so long ago, who did not know that his/her application was completed and the decision was made simply because the decision letter was lost.

Dub23
Newbie
Posts: 32
Joined: Tue Aug 04, 2020 12:40 pm
Ireland

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

Post by Dub23 » Tue Jun 29, 2021 8:20 pm

Hi All,

I went through some of the previous post, but couldn't find my answer.

Do we have to post the FOI request to the relevant department or can email them instead?

Thanks

polarcub
Member
Posts: 104
Joined: Sat Jan 04, 2020 4:20 am
Mood:
Ireland

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

Post by polarcub » Wed Jun 30, 2021 5:37 pm

Yes you can email, you probably missed this post, more infor > post2010879.html?hilit=FOI%20email#p2010879
Dub23 wrote:
Tue Jun 29, 2021 8:20 pm
Hi All,

I went through some of the previous post, but couldn't find my answer.

Do we have to post the FOI request to the relevant department or can email them instead?

Thanks

Dub23
Newbie
Posts: 32
Joined: Tue Aug 04, 2020 12:40 pm
Ireland

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

Post by Dub23 » Wed Jun 30, 2021 5:59 pm

Thanks a mil, I did miss it indeed. :-)
polarcub wrote:
Wed Jun 30, 2021 5:37 pm
Yes you can email, you probably missed this post, more infor > post2010879.html?hilit=FOI%20email#p2010879
Dub23 wrote:
Tue Jun 29, 2021 8:20 pm
Hi All,

I went through some of the previous post, but couldn't find my answer.

Do we have to post the FOI request to the relevant department or can email them instead?

Thanks

Statusquo73
Junior Member
Posts: 78
Joined: Wed Aug 22, 2018 7:15 pm
Lebanon

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

Post by Statusquo73 » Tue Jul 06, 2021 12:06 am

Hi guys,
I would like to inform you that last Friday I have received my approval letter.
I have applied to the JR and it worked.
I am a little sad that I have waited until now to apply for JR. anyway good news that I got the approval.

I waited over 4 years.

My only suggestion to you guys, do not waste your time with FOI. But if you decide to apply for JR then request FOI because your lawyer will need a copy of your application.

Good luck to al my folks. Do not get stress.. all of you will get it eventually. If your case is steady over 2 years so do not waste your time . Go to a Dublin Immigration firm and apply for a JR. it won’t cost you a lot. Actually almost nothing.

I pray for all of you

Janidushman47
Newly Registered
Posts: 5
Joined: Sun Jun 27, 2021 2:23 pm
Ireland

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

Post by Janidushman47 » Tue Jul 06, 2021 8:42 am

Statusquo73 wrote:
Tue Jul 06, 2021 12:06 am
Hi guys,
I would like to inform you that last Friday I have received my approval letter.
I have applied to the JR and it worked.
I am a little sad that I have waited until now to apply for JR. anyway good news that I got the approval.

I waited over 4 years.

My only suggestion to you guys, do not waste your time with FOI. But if you decide to apply for JR then request FOI because your lawyer will need a copy of your application.

Good luck to al my folks. Do not get stress.. all of you will get it eventually. If your case is steady over 2 years so do not waste your time . Go to a Dublin Immigration firm and apply for a JR. it won’t cost you a lot. Actually almost nothing.

I pray for all of you
Congratulation for your approval.
Can you share Timeline when did you applied JR and when Court decided and how long Court give time to DOJ for making Decision.
.thanks

Statusquo73
Junior Member
Posts: 78
Joined: Wed Aug 22, 2018 7:15 pm
Lebanon

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

Post by Statusquo73 » Tue Jul 06, 2021 10:49 am

Applied in May 2017
Acknowledge in June 2017
Second Stage letter October 2017
FOI requested and received in May 2019
Applied to the JR on 1 month ago.
Inis sent approval before Judge decided.

Lebnen
Newly Registered
Posts: 2
Joined: Fri Jul 09, 2021 7:28 pm
Lebanon

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

Post by Lebnen » Fri Jul 09, 2021 7:33 pm

Did you go with JR directly or did you the lawyer send a letter first? I applied two years ago nearly and I am thinking of going the JR route to save time. Thank you for all the info by the way!
Statusquo73 wrote:
Tue Jul 06, 2021 12:06 am
Hi guys,
I would like to inform you that last Friday I have received my approval letter.
I have applied to the JR and it worked.
I am a little sad that I have waited until now to apply for JR. anyway good news that I got the approval.

I waited over 4 years.

My only suggestion to you guys, do not waste your time with FOI. But if you decide to apply for JR then request FOI because your lawyer will need a copy of your application.

Good luck to al my folks. Do not get stress.. all of you will get it eventually. If your case is steady over 2 years so do not waste your time . Go to a Dublin Immigration firm and apply for a JR. it won’t cost you a lot. Actually almost nothing.

I pray for all of you

polarcub
Member
Posts: 104
Joined: Sat Jan 04, 2020 4:20 am
Mood:
Ireland

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

Post by polarcub » Fri Jul 09, 2021 10:09 pm

HOW TO GO FOR A JR (Judicial Review) & force a decision on your application

You are not entitled to citizenship, but you are entitled to get a decision on your application in a reasonable time.

Steps in the process:
1. Make a Freedom of Information (FOI) request to the Department
- You cannot file a JR without this.
- This is exercising your civic rights, the Department will not "black list" you for it. It doesn't affect your application.
- You can make multiple FOI requests

2. Have a lawyer send the 1st warning letter to the Department
- A lawyer threatens the department with JR proceedings
- They are given about 6 weeks to respond to the letter
- This may force a decision, or typically is generates 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 do this 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 for this letter including the consultation

3. Have a lawyer send a 2nd warning letter
- Depending on the response from the 1st letter your lawyer will determine if you need to do this
- They are given 14 days to respond to this letter
- You may get a decision at this stage.
- The cost should be included in the initial amount you paid.

4. Starting JR proceedings
- Your lawyer will instruct a barrister (takes about 2 weeks) and then makes an application to the High Courts for a JR (filed typically on a Monday)
- From the time you file to the time the Judge makes a decision, it can take a few weeks.
- The High Court will always issue an Order of Mandamus (This forces the department to make a decision on your application - can be approved or rejected)
- 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 1,500-5k for this stage depending on your lawyer, but at the end you will get a decision
- With a JR you are essentially going to the Courts, as a last resort, to say that the Department has acted unlawfully by taking too much time on your application. What is "too much time" at the moment is 2 years, so a lawyer will only file this motion once you have actually past 24 months in waiting for a response.
- The Department doesn't fight a JR to drag it out, you get a decision within a few days.
- The only time the department will fight a JR and you can lose (which is rare, and in this context you will have to pay yours and the departments legal fees (i.e. 3-5k bill) is if the Department is justified in why it's taking its time (ex. they suspect fraud and are doing a Garda investigation). Irrespective, you will still get a decision at the end of this process.

* Timelines of this process
- The entire JR process (from start to finish) from the moment the FOI request is sent can be 4-6 months. If you work backwards, the earliest you can start thinking about this process, if you want to be ready to force a decision, is after the anniversary of your 1.5 year waiting mark.

* To make an FOI via email:
General info: http://www.justice.ie/en/JELR/Pages/Fre ... nformation
E-mail: foi@justice.ie
Fill out this form: http://www.justice.ie/en/JELR/FOI%20App ... 20Form.pdf
- Request all records pertaining to your citizenship application and provide the application number.
- Make sure to send a copy of your ID with the email.It takes a few days for the department to acknowledge your request via email (you will be issued a reference number). After that it takes about 4-8 weeks to receive the FOI documents. Making an FOI is free.
- The FOI will show you what's been done to date on your application (ex all email/post correspondence, GNIB stamps, a garda report (if they did one it will be stamped as completed)).

* Guidance on how to find a lawyer:
1. Google something like "Dublin Immigration Solicitor"
2. Look at the google reviews of the firms and read through it.
3. Call/email 2-3 of them, to see their pricing. You want to know how much the whole thing will cost you (including: initial consult+2 letters to the department+JR+court fees (which are about 350))
4. Select the firm you feel more comfortable with - who has experience with these cases, they know what to expect, how many cases have they won, are they just trying to get money out of you or they want to make sure you get a resolution. Out of the top 3 google rated firms, you should be able to find a price around 900-1300 for the whole thing (everything i mentioned above consult, letters, etc).

mads32
Newly Registered
Posts: 13
Joined: Wed Dec 18, 2019 5:46 pm
Ireland

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

Post by mads32 » Sat Jul 10, 2021 8:12 am

polarcub wrote:
Fri Jul 09, 2021 10:09 pm
HOW TO GO FOR A JR (Judicial Review) & force a decision on your application.
That's a very nice guide. Thanks for that.

Lebnen
Newly Registered
Posts: 2
Joined: Fri Jul 09, 2021 7:28 pm
Lebanon

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

Post by Lebnen » Mon Jul 12, 2021 10:03 am

You are a legend, thank you man!
polarcub wrote:
Fri Jul 09, 2021 10:09 pm
HOW TO GO FOR A JR (Judicial Review) & force a decision on your application

You are not entitled to citizenship, but you are entitled to get a decision on your application in a reasonable time.

Steps in the process:
1. Make a Freedom of Information (FOI) request to the Department
- You cannot file a JR without this.
- This is exercising your civic rights, the Department will not "black list" you for it. It doesn't affect your application.
- You can make multiple FOI requests

2. Have a lawyer send the 1st warning letter to the Department
- A lawyer threatens the department with JR proceedings
- They are given about 6 weeks to respond to the letter
- This may force a decision, or typically is generates 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 do this 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 for this letter including the consultation

3. Have a lawyer send a 2nd warning letter
- Depending on the response from the 1st letter your lawyer will determine if you need to do this
- They are given 14 days to respond to this letter
- You may get a decision at this stage.
- The cost should be included in the initial amount you paid.

4. Starting JR proceedings
- Your lawyer will instruct a barrister (takes about 2 weeks) and then makes an application to the High Courts for a JR (filed typically on a Monday)
- From the time you file to the time the Judge makes a decision, it can take a few weeks.
- The High Court will always issue an Order of Mandamus (This forces the department to make a decision on your application - can be approved or rejected)
- 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 1,500-5k for this stage depending on your lawyer, but at the end you will get a decision
- With a JR you are essentially going to the Courts, as a last resort, to say that the Department has acted unlawfully by taking too much time on your application. What is "too much time" at the moment is 2 years, so a lawyer will only file this motion once you have actually past 24 months in waiting for a response.
- The Department doesn't fight a JR to drag it out, you get a decision within a few days.
- The only time the department will fight a JR and you can lose (which is rare, and in this context you will have to pay yours and the departments legal fees (i.e. 3-5k bill) is if the Department is justified in why it's taking its time (ex. they suspect fraud and are doing a Garda investigation). Irrespective, you will still get a decision at the end of this process.

* Timelines of this process
- The entire JR process (from start to finish) from the moment the FOI request is sent can be 4-6 months. If you work backwards, the earliest you can start thinking about this process, if you want to be ready to force a decision, is after the anniversary of your 1.5 year waiting mark.

* To make an FOI via email:
General info: http://www.justice.ie/en/JELR/Pages/Fre ... nformation
E-mail: foi@justice.ie
Fill out this form: http://www.justice.ie/en/JELR/FOI%20App ... 20Form.pdf
- Request all records pertaining to your citizenship application and provide the application number.
- Make sure to send a copy of your ID with the email.It takes a few days for the department to acknowledge your request via email (you will be issued a reference number). After that it takes about 4-8 weeks to receive the FOI documents. Making an FOI is free.
- The FOI will show you what's been done to date on your application (ex all email/post correspondence, GNIB stamps, a garda report (if they did one it will be stamped as completed)).

* Guidance on how to find a lawyer:
1. Google something like "Dublin Immigration Solicitor"
2. Look at the google reviews of the firms and read through it.
3. Call/email 2-3 of them, to see their pricing. You want to know how much the whole thing will cost you (including: initial consult+2 letters to the department+JR+court fees (which are about 350))
4. Select the firm you feel more comfortable with - who has experience with these cases, they know what to expect, how many cases have they won, are they just trying to get money out of you or they want to make sure you get a resolution. Out of the top 3 google rated firms, you should be able to find a price around 900-1300 for the whole thing (everything i mentioned above consult, letters, etc).

CAF1986
Newly Registered
Posts: 4
Joined: Mon Aug 03, 2020 8:14 pm
Australia

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

Post by CAF1986 » Thu Jul 29, 2021 7:38 pm

Is anybody else still waiting an exceptionally long time for a decision? Things have quitened down here, so I gather a lot of the long waiters have received theirs.

A few months ago when the media reported the department had committed to reaching decisions for all applicants waiting 2 years by the of June I held some hope. But that date has long gone and I've ticked over 3.5 years waiting now....

Dub23
Newbie
Posts: 32
Joined: Tue Aug 04, 2020 12:40 pm
Ireland

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

Post by Dub23 » Tue Aug 03, 2021 4:22 pm

Hi all,

I applied in June 2020 and decided to submit an FOI request 4 weeks ago. I got my FOI back this afternoon.

Other than Garda Vetting in February 2021 nothing has been done on my application. There's not even any handwritten notes in my file. :lol: There is one page that looks like a screenshot from their system, which is a record of my application. There is a column called 'High-level Status' and the status against my application is 'Application Awaiting Processing'. So to me it looks like nothing has been done.

It's been roughly 14 months since I submitted my application. I am going to give it another 2 months and then start the JR process.

johnpromise01
Member
Posts: 230
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 » Tue Aug 03, 2021 11:49 pm

Dub23 wrote:
Tue Aug 03, 2021 4:22 pm
Hi all,

I applied in June 2020 and decided to submit an FOI request 4 weeks ago. I got my FOI back this afternoon.

Other than Garda Vetting in February 2021 nothing has been done on my application. There's not even any handwritten notes in my file. :lol: There is one page that looks like a screenshot from their system, which is a record of my application. There is a column called 'High-level Status' and the status against my application is 'Application Awaiting Processing'. So to me it looks like nothing has been done.

It's been roughly 14 months since I submitted my application. I am going to give it another 2 months and then start the JR process.
But JR is after 24 months.

Dub23
Newbie
Posts: 32
Joined: Tue Aug 04, 2020 12:40 pm
Ireland

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

Post by Dub23 » Wed Aug 04, 2021 7:10 am

Yes, but one can start the process with a solicitor and get them to send an initial "warning" letter or two. When I reach the 24 months mark I want to be sure I have everything in place. :lol:
johnpromise01 wrote:
Tue Aug 03, 2021 11:49 pm
Dub23 wrote:
Tue Aug 03, 2021 4:22 pm
Hi all,

I applied in June 2020 and decided to submit an FOI request 4 weeks ago. I got my FOI back this afternoon.

Other than Garda Vetting in February 2021 nothing has been done on my application. There's not even any handwritten notes in my file. :lol: There is one page that looks like a screenshot from their system, which is a record of my application. There is a column called 'High-level Status' and the status against my application is 'Application Awaiting Processing'. So to me it looks like nothing has been done.

It's been roughly 14 months since I submitted my application. I am going to give it another 2 months and then start the JR process.
But JR is after 24 months.

johnpromise01
Member
Posts: 230
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 Aug 04, 2021 7:26 am

polarcub wrote:
Fri Jul 09, 2021 10:09 pm
HOW TO GO FOR A JR (Judicial Review) & force a decision on your application

You are not entitled to citizenship, but you are entitled to get a decision on your application in a reasonable time.

Steps in the process:
1. Make a Freedom of Information (FOI) request to the Department
- You cannot file a JR without this.
- This is exercising your civic rights, the Department will not "black list" you for it. It doesn't affect your application.
- You can make multiple FOI requests

2. Have a lawyer send the 1st warning letter to the Department
- A lawyer threatens the department with JR proceedings
- They are given about 6 weeks to respond to the letter
- This may force a decision, or typically is generates 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 do this 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 for this letter including the consultation

3. Have a lawyer send a 2nd warning letter
- Depending on the response from the 1st letter your lawyer will determine if you need to do this
- They are given 14 days to respond to this letter
- You may get a decision at this stage.
- The cost should be included in the initial amount you paid.

4. Starting JR proceedings
- Your lawyer will instruct a barrister (takes about 2 weeks) and then makes an application to the High Courts for a JR (filed typically on a Monday)
- From the time you file to the time the Judge makes a decision, it can take a few weeks.
- The High Court will always issue an Order of Mandamus (This forces the department to make a decision on your application - can be approved or rejected)
- 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 1,500-5k for this stage depending on your lawyer, but at the end you will get a decision
- With a JR you are essentially going to the Courts, as a last resort, to say that the Department has acted unlawfully by taking too much time on your application. What is "too much time" at the moment is 2 years, so a lawyer will only file this motion once you have actually past 24 months in waiting for a response.
- The Department doesn't fight a JR to drag it out, you get a decision within a few days.
- The only time the department will fight a JR and you can lose (which is rare, and in this context you will have to pay yours and the departments legal fees (i.e. 3-5k bill) is if the Department is justified in why it's taking its time (ex. they suspect fraud and are doing a Garda investigation). Irrespective, you will still get a decision at the end of this process.

* Timelines of this process
- The entire JR process (from start to finish) from the moment the FOI request is sent can be 4-6 months. If you work backwards, the earliest you can start thinking about this process, if you want to be ready to force a decision, is after the anniversary of your 1.5 year waiting mark.

* To make an FOI via email:
General info: http://www.justice.ie/en/JELR/Pages/Fre ... nformation
E-mail: foi@justice.ie
Fill out this form: http://www.justice.ie/en/JELR/FOI%20App ... 20Form.pdf
- Request all records pertaining to your citizenship application and provide the application number.
- Make sure to send a copy of your ID with the email.It takes a few days for the department to acknowledge your request via email (you will be issued a reference number). After that it takes about 4-8 weeks to receive the FOI documents. Making an FOI is free.
- The FOI will show you what's been done to date on your application (ex all email/post correspondence, GNIB stamps, a garda report (if they did one it will be stamped as completed)).

* Guidance on how to find a lawyer:
1. Google something like "Dublin Immigration Solicitor"
2. Look at the google reviews of the firms and read through it.
3. Call/email 2-3 of them, to see their pricing. You want to know how much the whole thing will cost you (including: initial consult+2 letters to the department+JR+court fees (which are about 350))
4. Select the firm you feel more comfortable with - who has experience with these cases, they know what to expect, how many cases have they won, are they just trying to get money out of you or they want to make sure you get a resolution. Out of the top 3 google rated firms, you should be able to find a price around 900-1300 for the whole thing (everything i mentioned above consult, letters, etc).
Is it advisable to start a JR processing like sending warning letter at 17 months after citizenship application?

pwchwh
Newly Registered
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Joined: Sat Dec 29, 2018 4:10 pm
Ireland

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

Post by pwchwh » Thu Aug 05, 2021 11:51 am

Hello all,

I sent my FOI request on my citizenship application 4 weeks ago and have just heard back from the department.

A vast majority of the pdf file is just a photocopy of my application form and supporting documents, but a few other documents like my Garda vetting report etc. are there too. Based on these documents, below is the progress of my application on what I received:

06/12/2019 - Application Sent.

03/01/2020 - Application Fee Receipt.

16/12/2020 - Second Letter (it doesn’t explicitly say that my application moved to advanced stage though).

18/02/2021 - Garda Vetting Request Returned (it confirms no conviction record).

29/06/2021 - Someone checked my 3 years’ residency (based on marriage to an Irish citizen) and wrote down an ‘okay’ on the residency calculation print out.

At the time I sent this FOI request, I assumed there had been no work done on my application since December last (when the second letter was issued), so I was going to hire a solicitor and have them send a letter to the department saying I’d go for JR if they don’t make a decision…

Now I am not too sure as the last activity I can see from the documents was June 2021 (although I don’t understand why they only checked the validity of my residency 1.5 years after my application date?!).

I was wondering what you would reckon? Would you wait for a few more months or start the JR process now?

Thanks very much for your help!

polarcub
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Posts: 104
Joined: Sat Jan 04, 2020 4:20 am
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Ireland

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

Post by polarcub » Tue Aug 10, 2021 10:45 pm

My lawyer had sent the first letter 2.5 months prior to the 24 month wait anniversary. That made the letter more credible because we were so close to 24. the second letter was even more credible, because it was sent 6 weeks after the first letter. and they paid proper attention to the second letter, not the first.

Think about it this way: you are essentially telling the department that you will take them through a JR if they don't speed your application through - but they know you are bluffing because it's way too early at 17 months! no lawyer will file for a JR at 17 months, they will wait for exactly the 24 month wait mark. obviously if you've been waiting for more than 24 months, it's a no brainer, you have a good case and the department will see you as a threat.

I would wait until your letter can contain a credible threat for them to react/act on.
johnpromise01 wrote:
Wed Aug 04, 2021 7:26 am
polarcub wrote:
Fri Jul 09, 2021 10:09 pm
HOW TO GO FOR A JR (Judicial Review) & force a decision on your application

You are not entitled to citizenship, but you are entitled to get a decision on your application in a reasonable time.

Steps in the process:
1. Make a Freedom of Information (FOI) request to the Department
- You cannot file a JR without this.
- This is exercising your civic rights, the Department will not "black list" you for it. It doesn't affect your application.
- You can make multiple FOI requests

2. Have a lawyer send the 1st warning letter to the Department
- A lawyer threatens the department with JR proceedings
- They are given about 6 weeks to respond to the letter
- This may force a decision, or typically is generates 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 do this 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 for this letter including the consultation

3. Have a lawyer send a 2nd warning letter
- Depending on the response from the 1st letter your lawyer will determine if you need to do this
- They are given 14 days to respond to this letter
- You may get a decision at this stage.
- The cost should be included in the initial amount you paid.

4. Starting JR proceedings
- Your lawyer will instruct a barrister (takes about 2 weeks) and then makes an application to the High Courts for a JR (filed typically on a Monday)
- From the time you file to the time the Judge makes a decision, it can take a few weeks.
- The High Court will always issue an Order of Mandamus (This forces the department to make a decision on your application - can be approved or rejected)
- 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 1,500-5k for this stage depending on your lawyer, but at the end you will get a decision
- With a JR you are essentially going to the Courts, as a last resort, to say that the Department has acted unlawfully by taking too much time on your application. What is "too much time" at the moment is 2 years, so a lawyer will only file this motion once you have actually past 24 months in waiting for a response.
- The Department doesn't fight a JR to drag it out, you get a decision within a few days.
- The only time the department will fight a JR and you can lose (which is rare, and in this context you will have to pay yours and the departments legal fees (i.e. 3-5k bill) is if the Department is justified in why it's taking its time (ex. they suspect fraud and are doing a Garda investigation). Irrespective, you will still get a decision at the end of this process.

* Timelines of this process
- The entire JR process (from start to finish) from the moment the FOI request is sent can be 4-6 months. If you work backwards, the earliest you can start thinking about this process, if you want to be ready to force a decision, is after the anniversary of your 1.5 year waiting mark.

* To make an FOI via email:
General info: http://www.justice.ie/en/JELR/Pages/Fre ... nformation
E-mail: foi@justice.ie
Fill out this form: http://www.justice.ie/en/JELR/FOI%20App ... 20Form.pdf
- Request all records pertaining to your citizenship application and provide the application number.
- Make sure to send a copy of your ID with the email.It takes a few days for the department to acknowledge your request via email (you will be issued a reference number). After that it takes about 4-8 weeks to receive the FOI documents. Making an FOI is free.
- The FOI will show you what's been done to date on your application (ex all email/post correspondence, GNIB stamps, a garda report (if they did one it will be stamped as completed)).

* Guidance on how to find a lawyer:
1. Google something like "Dublin Immigration Solicitor"
2. Look at the google reviews of the firms and read through it.
3. Call/email 2-3 of them, to see their pricing. You want to know how much the whole thing will cost you (including: initial consult+2 letters to the department+JR+court fees (which are about 350))
4. Select the firm you feel more comfortable with - who has experience with these cases, they know what to expect, how many cases have they won, are they just trying to get money out of you or they want to make sure you get a resolution. Out of the top 3 google rated firms, you should be able to find a price around 900-1300 for the whole thing (everything i mentioned above consult, letters, etc).
Is it advisable to start a JR processing like sending warning letter at 17 months after citizenship application?

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