Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Stamp 4 Revoked

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, Administrator

cyberhawk
Newbie
Posts: 31
Joined: Mon Jan 06, 2020 10:34 pm
Mood:
Pakistan

Re: Stamp 4 Revoked

Post by cyberhawk » Fri Jan 17, 2020 2:32 pm

Obie wrote:
Thu Jan 16, 2020 5:26 pm
Regulation 8 Provides wrote:

Validity of residence card


8. (1) The period of validity of a residence card issued under Regulation 7 shall be equivalent to the envisaged period of residence in the State of the Union citizen in respect of whom the recipient of the card is a family member, or 5 years from the date of issue of the card, whichever is the lesser period.

(2) Subject to paragraph (3), the Minister shall revoke a residence card issued under Regulation 7 if the holder of the residence card is no longer entitled to remain in the State under these Regulations.

(3) Before making a decision to revoke a residence card under paragraph (2), the Minister shall—

(a) send the holder of the card a notification in writing, in a language that he or she may reasonably be expected to understand, informing him or her of his or her proposal and giving the person an opportunity to make representations in writing to the Minister, which shall include the particulars specified in Schedule 4, within 15 working days of the date of issue of the notification, and

(b) consider any representations which have been made in accordance with subparagraph (a) by the holder of the card.

(4) The holder of a residence card shall, where a removal order is made in respect of him or her, surrender the residence card to the Minister.

(5) The validity of a residence card shall not be affected by any of the following on the part of the recipient of the card:

(a) temporary absences not exceeding 6 months in a 12 month period;

(b) absences of a duration longer than 6 months in a 12 month period for compulsory military service;

(c) one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in a Member State or a third country.
The factors in regulation 8(5)(c) is non-exhaustive, and could cover wide range of scenerio.

Your views on justification may well be pre-mature, without all the fact and circumstances surrounding the revocation.
Apart from handing me the print out of the letter they said they sent me, they also gave me this paper which reads:

This is to inform the person to whom this notice is addressed and he is being refused permission to land in accordance with the provisions of the immigration Act 2004 on the following grounds:

(e) that the non-national, not being exempt, by virtue of an order under section 17, from the requirement to have an Irish visa, is not the holder of a valid Irish visa;

Granista
Newbie
Posts: 46
Joined: Tue Jan 14, 2020 10:12 pm
American Samoa

Re: Stamp 4 Revoked

Post by Granista » Fri Jan 17, 2020 6:14 pm

Exactly. You were required to have a visa (in this case an EUTR visa) and you did not have one. Therefore you were not allowed to enter the country

It's not complicated in the slightest.

Obie
Moderator
Posts: 14507
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Stamp 4 Revoked

Post by Obie » Fri Jan 17, 2020 6:47 pm

Strictly speaking the 2004 Act does not apply to people who benefit from the free movement regulations 2015, even if they are non-National who are not visa exempt persons..

In the generality of cases the officer will be correct to refuse a non national who requires a visa to enter the state, but failed to do so.

In your particular case he was wrong, as regulation 4(5) requires the officer to examine whether you benefit from the free movement provision, notwithstanding the fact that you do not hold the necessary visa.

I am therefore of the view, that this notice given to you, will not withstand Judicial scrutiny.
Seasons greetings to everyone and a prosperous 2020

cyberhawk
Newbie
Posts: 31
Joined: Mon Jan 06, 2020 10:34 pm
Mood:
Pakistan

Re: Stamp 4 Revoked

Post by cyberhawk » Fri Jan 17, 2020 6:59 pm

Granista wrote:
Fri Jan 17, 2020 6:14 pm
Exactly. You were required to have a visa (in this case an EUTR visa) and you did not have one. Therefore you were not allowed to enter the country

It's not complicated in the slightest.
What you aren’t understanding from my point of view is that I had no idea my stamp was revoked 4 days ago (as per the letter they gave me)

cyberhawk
Newbie
Posts: 31
Joined: Mon Jan 06, 2020 10:34 pm
Mood:
Pakistan

Re: Stamp 4 Revoked

Post by cyberhawk » Fri Jan 17, 2020 7:00 pm

Obie wrote:
Fri Jan 17, 2020 6:47 pm
Strictly speaking the 2004 Act does not apply to people who benefit from the free movement regulations 2015, even if they are non-National who are not visa exempt persons..

In the generality of cases the officer will be correct to refuse a non national who requires a visa to enter the state, but failed to do so.

In your particular case he was wrong, as regulation 4(5) requires the officer to examine whether you benefit from the free movement provision, notwithstanding the fact that you do not hold the necessary visa.

I am therefore of the view, that this notice given to you, will not withstand Judicial scrutiny.
I am sorry but I don’t understand the legal language much. By judicial inquiry, you mean the process that’s under review or something else?

cyberhawk
Newbie
Posts: 31
Joined: Mon Jan 06, 2020 10:34 pm
Mood:
Pakistan

Re: Stamp 4 Revoked

Post by cyberhawk » Sat Jan 18, 2020 10:51 am

Obie wrote:
Wed Jan 15, 2020 11:35 am
Unfortunately, you are not able to send private messages unless you have made 30 posts.
Hey Obie,

I now have 30 posts and am able to see profiles but I still can’t send a message.

Could you please try and send me a PM so I can provide more details? I really need your opinion in this matter.

Thanks for all the help.

User avatar
CR001
Moderator
Posts: 68743
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Stamp 4 Revoked

Post by CR001 » Sat Jan 18, 2020 11:01 am

Your PM function has been removed permanently due to your many random posting all over the forum in irrelevant topics for the only purpose of increasing your post count.

It is 30 genuine posts. Any indication you are simply spamming the forum to get PM access (as you have), causes the privilege to be withdrawn permanently.

announcements/read-me-private-messages- ... 99998.html

announcements/private-messages-from-new ... 61134.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Post Reply
cron