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IRISH VISA DELAY CASE REFERRED TO CJEU

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Obie
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Ireland

IRISH VISA DELAY CASE REFERRED TO CJEU

Post by Obie » Thu Mar 15, 2018 9:51 pm

The Irish Court of Appeal has decided to refer the Irish visa delay case to the CJEU.

Mahmood & anor -v- Minister for Justice, Equality and Law Reform
The case was won at the High Court, and the Minister decided to challenge these cases at the Court of Appeal.

At the Court of Appeal, the minister advanced argument about security checks and fear that if people from Iraq, Pakistan and Afghanistan are not properly checked, we may have a Suicide Attack in Ireland.

I am very bewildered as to how the minister in good conscience will say such a thing, and put so much fear in the minds of judges.

Furthermore, such a comment is wholly unbecoming of a Minister in such capacity.

The Court of Appeal expressed deep reservation in relation to the delays, but in light of the Security point raised by the minister, and the so called security checks he claimed to be undertaking, the court decided it will be approriate to make reference.

The COurt correctly rejected the Surinder Singh argument, relying on Akrich, however the court was not sure about the security aspect advanced, and therefore decided to refer the case to the CJEU.

It is hoped that the matter will be accelerated, and that family member will be allowed to live with their loved ones in the state soon.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

dub3
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Ireland

Re: IRISH VISA DELAY CASE REFERRED TO CJEU

Post by dub3 » Mon Apr 09, 2018 10:35 am

Hi,

Stamp 2 is not reckonable stamp since Immigration Act 2004 came into force (Feb 2004) in the light of child born to certain non national but what about those who came before this act on student visa.

Irish parliament given Minister of Justice additional powers under Immigration Act 2004 but did not revoke the powers Minister had before.

I met one solicitor and she said time spent before Feb 2014 was reckonable but your permission is not reckonable after Immigration Act 2004 because of your renewal.

Technically, how could I renew my permission under section 4 (7) of immigration act 2004 while I did not get permission to land under section 4 (1) of Immigration Act 2004.


And they did not mention in Immigration Act 2004 that person living already in the country their permission will be renewed under section 4 of Immigration Act 2004.

1. Student came on or after Immigration Act 2004, got permission to land under section 4 of immigration act 2004 and got there permission renew under section 4 (7) of immigration act 2004. There residency is not reckonable.

2. Student came before Immigration Act 2004 and got permitted to land under Alien Act 1935 and renewed their visa under Alien Act 1935. Their residency is reckonable.


whats your stance on the above issue ?

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