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Judicial Review

Forum to discuss all things Blarney | Ireland immigration

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dubnew
Newbie
Posts: 43
Joined: Wed Aug 15, 2018 8:40 pm
Ireland

Judicial Review

Post by dubnew » Sat Jun 29, 2019 7:07 pm

Hi Guys,

Any idea how long it takes to get final decision by High Court if I go for judicial review against INIS decision?
Thanks.

Obie
Moderator
Posts: 14173
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Judicial Review

Post by Obie » Sat Jun 29, 2019 9:16 pm

What decision is it, and what stage are you at?
Have you explored the review route?
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

dubnew
Newbie
Posts: 43
Joined: Wed Aug 15, 2018 8:40 pm
Ireland

Re: Judicial Review

Post by dubnew » Sat Jun 29, 2019 10:26 pm

It's student scheme review refusal. Minister didn't consider family and private life as directed by supreme Court judgement in April 2018 Luximon & Balachand vs Minister of justice.
Judgment is clear that minister should consider family and private life of person who arrived as student and living in the country very long.

Mark_ir
Member
Posts: 121
Joined: Fri Mar 03, 2017 11:24 pm
Ireland

Re: Judicial Review

Post by Mark_ir » Sun Jun 30, 2019 8:33 pm

dubnew wrote:
Sat Jun 29, 2019 10:26 pm
It's student scheme review refusal. Minister didn't consider family and private life as directed by supreme Court judgement in April 2018 Luximon & Balachand vs Minister of justice.
Judgment is clear that minister should consider family and private life of person who arrived as student and living in the country very long.
Did Department refuse your review?
Did you speak with solicitor/barrister about your case?
Any solicitor/barrister agreed to take your case for judicial review?

kupuser
Newbie
Posts: 42
Joined: Tue May 09, 2017 8:21 am
Ireland

Re: Judicial Review

Post by kupuser » Tue Jul 02, 2019 7:45 am

dubnew wrote:
Sat Jun 29, 2019 10:26 pm
It's student scheme review refusal. Minister didn't consider family and private life as directed by supreme Court judgement in April 2018 Luximon & Balachand vs Minister of justice.
Judgment is clear that minister should consider family and private life of person who arrived as student and living in the country very long.
Re: Student scheme refusal - It might depend on the reason your application was refused. If someone was refused because they had a stamp 4 etc. on their passport before applying this scheme then probably there is no possibility of success in a judicial review. I heard the opinion of a counsel and in his view there is very little scope of JR in a discretionary scheme decision.

Re: Supreme court decision- I came across a case where a former student had married an EU man, got visa revoked and then applied for section 4 (change of status), minister refused the application and she went to high court citing the same supreme court case you mentioned. The judge refused the appeal saying the supreme court decision was specific to students who became illegal "through no fault of their own."

Hence if someone had a different stamp before applying the student scheme and lost it due to their own fault (e.g. not renewing or getting it revoked) the minister and courts may not agree to the claim that their rights had to be considered in this decision.

Mark_ir
Member
Posts: 121
Joined: Fri Mar 03, 2017 11:24 pm
Ireland

Re: Judicial Review

Post by Mark_ir » Tue Jul 02, 2019 10:07 pm

Re: Supreme court decision- I came across a case where a former student had married an EU man, got visa revoked and then applied for section 4 (change of status), minister refused the application and she went to high court citing the same supreme court case you mentioned. The judge refused the appeal saying the supreme court decision was specific to students who became illegal "through no fault of their own."

Hi kupuser,
Can you please share this case link where we can find the full details of her case
I tried to find but unfortunately couldn't find her case details anywhere online
Please share with us

kupuser
Newbie
Posts: 42
Joined: Tue May 09, 2017 8:21 am
Ireland

Re: Judicial Review

Post by kupuser » Wed Jul 03, 2019 8:58 am

Mark_ir wrote:
Tue Jul 02, 2019 10:07 pm
Re: Supreme court decision- I came across a case where a former student had married an EU man, got visa revoked and then applied for section 4 (change of status), minister refused the application and she went to high court citing the same supreme court case you mentioned. The judge refused the appeal saying the supreme court decision was specific to students who became illegal "through no fault of their own."

Hi kupuser,
Can you please share this case link where we can find the full details of her case
I tried to find but unfortunately couldn't find her case details anywhere online
Please share with us
Link to case;

http://courts.ie/Judgments.nsf/768d83be ... enDocument

Link to news;
https://www.irishtimes.com/news/crime-a ... -1.3739688


Another similar case
http://courts.ie/Judgments.nsf/bce24a81 ... enDocument

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