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Judgement Day for Court case for non EU spouses - C-127/08

Forum to discuss all things Blarney | Ireland immigration

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MAKUSA
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Judgement Day for Court case for non EU spouses - C-127/08

Post by MAKUSA » Thu Jul 17, 2008 7:30 pm

The judgement day would be on the 25th of july, start praying or doing whatever it takes for a positive result guys. Good luck to all and God bless.

cnu
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Post by cnu » Fri Jul 18, 2008 9:26 am

First-Class Moron,

Do you have a link that I can look into? Sorry have been out of touch with the other immigration issues in Eire. Do you mind forwarding a link on this please?

Thanks

MAKUSA
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court date and link

Post by MAKUSA » Fri Jul 18, 2008 10:05 am

cnu wrote:First-Class Moron,

Do you have a link that I can look into? Sorry have been out of touch with the other immigration issues in Eire. Do you mind forwarding a link on this please?

Thanks
THE LINK- http://curia.europa.eu/jurisp/cgi-bin/f ... resmax=100

Dear ;;;;;

You are quite correct it is indeed July not June. The Judgment will be read at 09.30hrs on Friday 25th July. Sorry about the error.

Kind regards

Anne Conroy

En sectionPress and Information
Court of Justice of the European Communities

eufreemovement
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Re: court date and link

Post by eufreemovement » Fri Jul 18, 2008 2:01 pm

First-Class Moron wrote:
cnu wrote:First-Class Moron,

Do you have a link that I can look into?
This is the link which can show the judgement date which is on 25th July 2008 (Friday)

http://curia.europa.eu/en/actu/activites/index.htm

Once in that link, Click the Web Link Court of First Instance under Current Week. You will see the details.

ihcarak
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Re: court date and link

Post by ihcarak » Sat Jul 19, 2008 7:54 am

FRIDAY IS VERY GOOD DAY
I HOPE ANSWER WILL BE POSITIVE INSHA ALLAH GOD BLESS ALL

ANY BUDY TELL ME THIS DESISION FOR EVERY ONE EVEN WHO IS OVER STAY HERE (IRELAND) ?


BEST OF LUCK
KIND REGARDS

knapps
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Post by knapps » Sun Jul 20, 2008 8:50 am

well, well, well, I hope with all my faith and believe that the outcome will be in favour of those have suffered long enough with this bizzare and stupid implementation and interpretation of this Government. Must you all pray and hope for the best and atleast for one minute close your eyes and remember any good Deed you have done in life and refer it to Allah/God and ask for his blessing and favour. All the best guys!!! Fingers Crossed!!

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Post by Ben » Fri Jul 25, 2008 8:50 am

Judgment of the Court of Justice in Case C-127/08

"A NON-COMMUNITY SPOUSE OF A CITIZEN OF THE UNION CAN MOVE AND RESIDE WITH THAT CITIZEN IN THE UNION WITHOUT HAVING PREVIOUSLY BEEN LAWFULLY RESIDENT IN A MEMBER STATE"

"The right of a national of a non-member country who is a family member of a Union citizen to accompany or join that citizen cannot be made conditional on prior lawful residence in another Member State"


http://curia.europa.eu/en/actu/communiq ... 0057en.pdf

swann
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Post by swann » Fri Jul 25, 2008 10:00 am

wow, this calls for a celebration!
thanks for the link benifa!

86ti
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Post by 86ti » Fri Jul 25, 2008 10:36 am

Another interesting statement in the first paragraph: They can enter a Member State if they have an entry visa or residence card issued by a Member State.

BTW, can Ireland appeal?

esharknz
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Post by esharknz » Fri Jul 25, 2008 10:51 am


yankeegirl
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Post by yankeegirl » Fri Jul 25, 2008 11:09 am

Fantastic news!

Ben
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Post by Ben » Fri Jul 25, 2008 11:14 am

86ti wrote:Another interesting statement in the first paragraph: They can enter a Member State if they have an entry visa or residence card issued by a Member State.
This has always been the case. Though I agree, since it's now stipulated quite explicitly in this judgement, it will certainly aid (otherwise) visa-required family members of EU citizens when travelling together through the EU.

Sahil
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Post by Sahil » Fri Jul 25, 2008 11:24 am

Great News - :)

what next ??? should we contact to DOJ and ask for EUFAM stamp?

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Post by Ben » Fri Jul 25, 2008 11:31 am

Sahil wrote:Great News - :)

what next ??? should we contact to DOJ and ask for EUFAM stamp?
Definitely! Regulation 3(2) of Statutory Instrument 656 of 2006 is now legally invalid.

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Post by mr.malikos » Fri Jul 25, 2008 11:49 am

We should all contact the DOJ these days and ask for stamp4 EU Fam.

or no asking is the wrong word....demand stamp4 EU Fam and make pressure
since they deserve to be treated harsh.

Want to see their faces when they have to deal with hundreds of people more than usual.

Christophe
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Post by Christophe » Fri Jul 25, 2008 11:57 am

Here's the link to the article from the Irish Times, just for interest's sake.

yankeegirl
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Post by yankeegirl » Fri Jul 25, 2008 12:04 pm

Perhaps a mod could sticky this thread?

ves
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Post by ves » Fri Jul 25, 2008 12:14 pm

hey,that is great news
just hope that "...move and reside.." doesnt mean that we can only get stamp 3 and not be able to work..what do you think?
anyway good luck to everyone.

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Post by Ben » Fri Jul 25, 2008 12:27 pm

ves wrote:hey,that is great news
just hope that "...move and reside.." doesnt mean that we can only get stamp 3 and not be able to work..what do you think?
anyway good luck to everyone.
Nope. Family members of an EU citizen (who is exercising Treaty rights), benefit from the same rights as the EU citizen himself, in accordance with Directive 2004/38/EC. :)

MAKUSA
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Good news for all but bad news for incompetent DOJ

Post by MAKUSA » Fri Jul 25, 2008 12:48 pm

benifa wrote:
ves wrote:hey,that is great news
just hope that "...move and reside.." doesnt mean that we can only get stamp 3 and not be able to work..what do you think?
anyway good luck to everyone.
Nope. Family members of an EU citizen (who is exercising Treaty rights), benefit from the same rights as the EU citizen himself, in accordance with Directive 2004/38/EC. :)
These people at the DOJ are highly incompetent, they seem incapable of interpreting a simple Directive, they signed up to it, its a disgrace

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Re: Good news for all but bad news for incompetent DOJ

Post by 86ti » Fri Jul 25, 2008 1:04 pm

First-Class Moron wrote:
benifa wrote:
ves wrote:hey,that is great news
just hope that "...move and reside.." doesnt mean that we can only get stamp 3 and not be able to work..what do you think?
anyway good luck to everyone.
Nope. Family members of an EU citizen (who is exercising Treaty rights), benefit from the same rights as the EU citizen himself, in accordance with Directive 2004/38/EC. :)
These people at the DOJ are highly incompetent, they seem incapable of interpreting a simple Directive, they signed up to it, its a disgrace
No, First-Class Moron they are not incompetent. The DOJ simply chose to interprete the Directive in the way that is most favourable to them. As the documents linked to above show the Directive is not clear on this point but todays judgement clarified how to understand the Directive.

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Post by sovtek » Fri Jul 25, 2008 4:26 pm

Christophe wrote:Here's the link to the article from the Irish Times, just for interest's sake.
Brilliant news. I want to be front and center for the next time the MoJ is on Q&A and fry him.
BTW someone asked if there is an appeal option for the bastards? Good question

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Post by desifighter » Fri Jul 25, 2008 5:03 pm

Thats a great news :)...can anyone tell me do we have to go immigration office and change the VISA, as i have Stamp 4 for one year, or do you think we have to contact our solicter to be sure that this time we get everything what we have to.......

We will get 5 years or one years EUFAM Stamp ?

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Post by Ben » Fri Jul 25, 2008 5:43 pm

desifighter wrote:Thats a great news :)...can anyone tell me do we have to go immigration office and change the VISA, as i have Stamp 4 for one year, or do you think we have to contact our solicter to be sure that this time we get everything what we have to.......

We will get 5 years or one years EUFAM Stamp ?
EU Directive 2004/38/EC states that the validity of your Stamp 4 EUFam card should be five years and no less, if you are a family member of an EU citizen who is exercising Treaty rights.

Family members who have not had their rights fully recognised by the Department of Justice, due to the (now confirmed illegal) Regulation 3(2) of SI 656 of 2006 not being fulfilled, should write to the DoJ and demand that their status in Ireland as the family member of an EU citizen (who is exercising Treaty rights), is correctly administered in accordance with EU Directive 2004/38/EC (and SI 656 of 2006, disregarding the (now legally invalid) Regulation 3(2)) by extending the validity of their permission to remain in Ireland (under Stamp 4 EUFam conditions) to five years.

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Post by knapps » Fri Jul 25, 2008 8:16 pm

this is what we call justice!!! well done EU and well Done all those who backed up the case....justched watch RTE news and two incompetencies of doj..a poor asylum seeker lady who granted visa in 2004 not one told her just now from DOJ her family was in a refugee camp for 3 years...and another EU 1form issue...im so happy...guys and girls...all the best !!! we must celebrate it!! this is a milestone!!! hope it will ease down the matter for all of us

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