ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


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

Welcome to immigrationboards.com!

Login Register Do not show

chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
arz1986
- thin ice -
Posts: 228
Joined: Wed Apr 13, 2016 5:33 pm

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by arz1986 » Fri Nov 29, 2019 4:34 pm

azee81 wrote:
Thu Nov 28, 2019 9:45 pm
thanks arz. did you get that latter saying your case will be attached to chencooliah judgement.
if so what do you think what permission we r going to get same stamp 4 eufam or simple stamp4.
Yes. i receive the letter stating that my case is attached to chencooliah case. If INIS think your case come under the provision of chencooliah, they will inform u.
if your EU citizen, is here, relationship is genuine, INIS will consider u.

azee81
Member
Posts: 142
Joined: Thu Nov 28, 2019 3:12 pm
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Fri Nov 29, 2019 4:47 pm

but what if eu citizen is not here because my eu citizen departed 4 years ago and never came back after that what would happen then any idea?

arz1986
- thin ice -
Posts: 228
Joined: Wed Apr 13, 2016 5:33 pm

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by arz1986 » Fri Nov 29, 2019 4:56 pm

I am in longford, many people get this letter. In ECJ, INIS barristers are there. no one know what exact happened there.
I think, they will give same stamp, what chenchooliah case will get.
usually, repatriation unit give 3 year stamp.

azee81
Member
Posts: 142
Joined: Thu Nov 28, 2019 3:12 pm
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Fri Nov 29, 2019 5:03 pm

arz what you have done when first time they send you deportation order, because when they send me letter saying that minister has intention to deport you i write to repatriation department about my circumstances and request them to alloww me to live here because i am living here for 12 years before on student permission .

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Obie » Fri Nov 29, 2019 5:07 pm

There is no guarantee that INIS will issue anything.

The only thing is, they will not issue a deportation order with a ban.
Smooth seas do not make skilful sailors

azee81
Member
Posts: 142
Joined: Thu Nov 28, 2019 3:12 pm
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Fri Nov 29, 2019 5:54 pm

but they have to ultimately issue something because they cant urge people to live here illegal

azee81
Member
Posts: 142
Joined: Thu Nov 28, 2019 3:12 pm
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Fri Nov 29, 2019 6:35 pm

arz1986 wrote:
Fri Nov 29, 2019 4:56 pm
I am in longford, many people get this letter. In ECJ, INIS barristers are there. no one know what exact happened there.
I think, they will give same stamp, what chenchooliah case will get.
usually, repatriation unit give 3 year stamp.
but what if eu citizen is not here because my eu citizen departed 4 years ago and never came back after that what would happen then any idea?

arz1986
- thin ice -
Posts: 228
Joined: Wed Apr 13, 2016 5:33 pm

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by arz1986 » Fri Nov 29, 2019 8:19 pm

azee81 wrote:
Fri Nov 29, 2019 6:35 pm
arz1986 wrote:
Fri Nov 29, 2019 4:56 pm
I am in longford, many people get this letter. In ECJ, INIS barristers are there. no one know what exact happened there.
I think, they will give same stamp, what chenchooliah case will get.
usually, repatriation unit give 3 year stamp.
but what if eu citizen is not here because my eu citizen departed 4 years ago and never came back after that what would happen then any idea?
I think, obie is right, INIS will not issue deportation order with a ban on entry but they will not issue any residence card or stamp. In my case as well. Within few months things will be clear

azee81
Member
Posts: 142
Joined: Thu Nov 28, 2019 3:12 pm
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Fri Nov 29, 2019 8:35 pm

what if they consider the prospect of marriage of convenience while making decisions and on that basis they aging send deportation orders if one could not proof thein marriage was genuine

azee81
Member
Posts: 142
Joined: Thu Nov 28, 2019 3:12 pm
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Sat Nov 30, 2019 2:40 pm

arz1986 wrote:
Fri Nov 29, 2019 8:19 pm
azee81 wrote:
Fri Nov 29, 2019 6:35 pm
arz1986 wrote:
Fri Nov 29, 2019 4:56 pm
I am in longford, many people get this letter. In ECJ, INIS barristers are there. no one know what exact happened there.
I think, they will give same stamp, what chenchooliah case will get.
usually, repatriation unit give 3 year stamp.
but what if eu citizen is not here because my eu citizen departed 4 years ago and never came back after that what would happen then any idea?
I think, obie is right, INIS will not issue deportation order with a ban on entry but they will not issue any residence card or stamp. In my case as well. Within few months things will be clear
what if they consider the prospect of marriage of convenience while making decisions and on that basis they again send deportation orders if one could not proof their marriage was genuine

User avatar
griffith
Member
Posts: 160
Joined: Mon Oct 19, 2015 7:35 pm
Mood:
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by griffith » Thu Dec 05, 2019 12:14 am

Any update on this?
Has someone recently received any response from the retention unit ??
Stay strong & never Give up!

azee81
Member
Posts: 142
Joined: Thu Nov 28, 2019 3:12 pm
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Thu Dec 05, 2019 12:21 pm

not yet still waiting

arz1986
- thin ice -
Posts: 228
Joined: Wed Apr 13, 2016 5:33 pm

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by arz1986 » Thu Dec 05, 2019 1:49 pm

no response yet. still waiting. repatriation unit case. i write letter on last week.

azee81
Member
Posts: 142
Joined: Thu Nov 28, 2019 3:12 pm
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Thu Dec 05, 2019 7:01 pm

a solicitor told me that they might take 5 to 6 months to come up with something may be more

arz1986
- thin ice -
Posts: 228
Joined: Wed Apr 13, 2016 5:33 pm

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses

Post by arz1986 » Sat Dec 07, 2019 4:07 pm

Different solicitor will give you different time frame. I think no one know it for sure, what is the outcome.

arz1986
- thin ice -
Posts: 228
Joined: Wed Apr 13, 2016 5:33 pm

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by arz1986 » Sun Dec 08, 2019 11:26 pm

asked Joan Collins TD to put in a parliamentary question about the status of cases affected by the Chenchooliah decision.

This is the reply: "In relation to cases impacted by the ruling of the European Court of Justice (ECJ) in the Chenchooliah case, my Department is currently working to develop the new processes necessitated by the ruling.

As soon as those processes have been finalised, officials from my Department will be in written contact with the people whose immigration cases are impacted by that ruling vis a vis their position in the State."

https://www.oireachtas.ie/en/debates/qu ... nswers-261

azee81
Member
Posts: 142
Joined: Thu Nov 28, 2019 3:12 pm
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Mon Dec 09, 2019 12:52 am

they give these statements on regular basis .but we dont have choice other than to just wait and see when they come up with something .

Mark_ir
Member
Posts: 171
Joined: Fri Mar 03, 2017 11:24 pm
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Mark_ir » Fri Dec 13, 2019 5:53 am

arz1986 wrote:
Thu Dec 05, 2019 1:49 pm
no response yet. still waiting. repatriation unit case. i write letter on last week.
Any update from repatriation unit relating to your case yet?

Soft2019
Newly Registered
Posts: 9
Joined: Mon Sep 23, 2019 2:56 pm
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Soft2019 » Fri Dec 13, 2019 9:04 pm

Hi guys. I am looking guidance from you. My situation is like that. I was in unmarried relationship with EU partner more that 4 years and have a baby together. My stamp 4 eufam is 3 years more. Now my eu partner left ireland. She is with anither relationship. What I can do for remain in ireland??? Any chance

User avatar
CR001
Moderator
Posts: 86826
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by CR001 » Fri Dec 13, 2019 9:55 pm

Soft2019 wrote:
Fri Dec 13, 2019 9:04 pm
Hi guys. I am looking guidance from you. My situation is like that. I was in unmarried relationship with EU partner more that 4 years and have a baby together. My stamp 4 eufam is 3 years more. Now my eu partner left ireland. She is with anither relationship. What I can do for remain in ireland??? Any chance
This topic is not relevant to your circumstances.

Please continue in your existing thread you already have and where you have already had responses.

ireland/stamp-4-eufam-revoke-t292156.html#p1849302
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.

arz1986
- thin ice -
Posts: 228
Joined: Wed Apr 13, 2016 5:33 pm

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by arz1986 » Fri Dec 13, 2019 11:42 pm

Mark_ir wrote:
Fri Dec 13, 2019 5:53 am
arz1986 wrote:
Thu Dec 05, 2019 1:49 pm
no response yet. still waiting. repatriation unit case. i write letter on last week.s
Any update from repatriation unit relating to your case yet?
No acknowledgement letter till now. no reply from the department this time. do, INIS sent acknowledgement letter or they stop this service.
Do, you get any response or any need update from ur solicitor plz update. Usually, INIs write back to solicitors.

Mark_ir
Member
Posts: 171
Joined: Fri Mar 03, 2017 11:24 pm
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Mark_ir » Sat Dec 14, 2019 4:14 pm

arz1986 wrote:
Fri Dec 13, 2019 11:42 pm
Mark_ir wrote:
Fri Dec 13, 2019 5:53 am
arz1986 wrote:
Thu Dec 05, 2019 1:49 pm
no response yet. still waiting. repatriation unit case. i write letter on last week.s
Any update from repatriation unit relating to your case yet?
No acknowledgement letter till now. no reply from the department this time. do, INIS sent acknowledgement letter or they stop this service.
Do, you get any response or any need update from ur solicitor plz update. Usually, INIs write back to solicitors.
She said INIS still working on chenchooliah case at present.Soon she get an update any of her client case relating to chenchooliah case from repatriation unit will let me know.
I will update again if she inform me about..

arz1986
- thin ice -
Posts: 228
Joined: Wed Apr 13, 2016 5:33 pm

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by arz1986 » Sun Dec 15, 2019 12:46 am

One of my friend case is in court, he get the letter for out of court settlement offer and 7000 euro cost refund by INIS. INis state he have to withdraw the case from the court, then resubmit updated documents and then reconsider his case and give decision in 16 weeks.
i think within 6 months all thing will be sorted.

Mark_ir
Member
Posts: 171
Joined: Fri Mar 03, 2017 11:24 pm
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Mark_ir » Sun Dec 15, 2019 5:32 am

arz1986 wrote:
Sun Dec 15, 2019 12:46 am
One of my friend case is in court, he get the letter for out of court settlement offer and 7000 euro cost refund by INIS. INis state he have to withdraw the case from the court, then resubmit updated documents and then reconsider his case and give decision in 16 weeks.
i think within 6 months all thing will be sorted.
Do you have any idea about your friend case?
What was the basis of his case?
What type of updated document they are asking now for considering his case by INIS?

euspouse07
Member
Posts: 213
Joined: Wed Sep 12, 2012 8:29 pm
Mood:
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by euspouse07 » Mon Dec 16, 2019 12:23 am

Mark_ir wrote:
Sun Dec 15, 2019 5:32 am
arz1986 wrote:
Sun Dec 15, 2019 12:46 am
One of my friend case is in court, he get the letter for out of court settlement offer and 7000 euro cost refund by INIS. INis state he have to withdraw the case from the court, then resubmit updated documents and then reconsider his case and give decision in 16 weeks.
i think within 6 months all thing will be sorted.
Do you have any idea about your friend case?
What was the basis of his case?
What type of updated document they are asking now for considering his case by INIS?
This is a great thread.
I am asking you question on behalf of my friend.
My understanding is that as of now, there are two types of cases.
One, where INIS has established/alleged that marriage was sham and conducted for the sake of immigration gains.
Second, where the union was genuine but the relationship fell apart and none eu partner couldn't fulfil the needed requirements to retain his/her rights to remain in the state.
My friend has submitted the application under section 3 mentioning lots of grounds.
I wonder, in the light of new judgment , fresh appeal needed to be submitted to EU TREARY RIGHTS SECTION .
THANKS

Locked
cron