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

Forum to discuss all things Blarney | Ireland immigration

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

Post by FAw02 » Thu Jan 16, 2020 7:18 pm

My case is same like chenchooliah,it was in high court, there has been settlement, my deportation letter has been revoked,but justice has sent a removal letter to my solicitors. I win my case but justice say they can use a reomoval letter on me, even they will give me my money i spent on my case. My sollicitors now say that ,they will contact justice for another same application base on me like before, i have until 27 of january, my case is identical like chenchooliah.

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

Post by azee81 » Thu Jan 16, 2020 7:26 pm

what was your case based on, and did they sent you section 3 letter or just removal order?

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

Post by Mark_ir » Thu Jan 16, 2020 7:28 pm

FAw02 wrote:
Thu Jan 16, 2020 7:18 pm
My case is same like chenchooliah,it was in high court, there has been settlement, my deportation letter has been revoked,but justice has sent a removal letter to my solicitors. I win my case but justice say they can use a reomoval letter on me, even they will give me my money i spent on my case. My sollicitors now say that ,they will contact justice for another same application base on me like before, i have until 27 of january, my case is identical like chenchooliah.
Sorry, Not to clear as you said you have received removal order then what application you are going to submit basis on you?? Can you please clear...

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

Post by FAw02 » Thu Jan 16, 2020 8:08 pm

Now my solicitor has told i have to make an application that is base on me . I was thinking i win my case as my solicitor say to me. They even sent me a mail i won my case. Today i was shocked they told me i win for deportation, but justice can use removal on me. Justice is even giving me my money i spent on high court

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

Post by azee81 » Thu Jan 16, 2020 8:12 pm

are you going to make section 3 application if so what was your application based on before

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

Post by FAw02 » Thu Jan 16, 2020 8:19 pm

My application is based same as chenchooliah as on my own, now i have to apply section 3 as 'i am in ireland for 13years,some .of my friends has advice me find another good solicitor, as justice cant remove as i have never involve in any crimes .or public law and order

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

Post by FAw02 » Thu Jan 16, 2020 8:25 pm

Anyone here has got same things like me

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

Post by azee81 » Thu Jan 16, 2020 8:39 pm

if your case is same as chenchooliah then she will get the same response and so on the others who fall in this category .

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

Post by FAw02 » Thu Jan 16, 2020 8:49 pm

My case is a photocopy of chenchooliah case. Has anybody apply their case base on themselves

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

Post by Obie » Thu Jan 16, 2020 8:53 pm

FAw02 wrote:
Thu Jan 16, 2020 7:18 pm
My case is same like chenchooliah,it was in high court, there has been settlement, my deportation letter has been revoked,but justice has sent a removal letter to my solicitors. I win my case but justice say they can use a reomoval letter on me, even they will give me my money i spent on my case. My sollicitors now say that ,they will contact justice for another same application base on me like before, i have until 27 of january, my case is identical like chenchooliah.
I have always suggested that this was how the minister was going to resolve those cases.
Chenchooliah only provides that the minister must not deport people who benefits but should rather removed them without a ban on entry.
Smooth seas do not make skilful sailors

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

Post by griffith » Thu Jan 16, 2020 10:46 pm

Such a shame that the minister is treating the retention applications so unfairly.
Just looking for a reason to reject the application and the only excuse what they have is " this marriage is a marriage of convenience "
Citizenship department has also become a nightmare!!!
I am absolutely convinced that with this immigration system one must fight for their right.

Moreover colorful solicitors are charging thousands from those applicants. ( it has become a very good business for them)
I hope that the immigration system improves after these general elections.
Stay strong & never Give up!

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

Post by Obie » Thu Jan 16, 2020 10:52 pm

I felt things were very bad for migrant under Fina Feal. But people hold differing views.
Smooth seas do not make skilful sailors

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

Post by azee81 » Fri Jan 17, 2020 11:25 am

what happen to the actual applicant of this case did she get the removal order as well.


and whats the procedure of removal do they goive you any review option.

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

Post by arz1986 » Fri Jan 17, 2020 12:18 pm

Faw002
Sorry to hear that,
I have the INIS letter, stated that, the removal order have not issue against me, The INIS will contact us in coming week, for longer term status in the state. Dated September 2018.
IN october 2019, they send me letter my case in attach to chenchooliah case. No deportation or removal order receive till now.
Can, INIS change the mind now, they are going to send me removal order now.
Can, I go to court, against it, they are sending confusing letters and wasting the time.

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

Post by azee81 » Fri Jan 17, 2020 12:58 pm

arz1986 wrote:
Fri Jan 17, 2020 12:18 pm
Faw002
Sorry to hear that,
I have the INIS letter, stated that, the removal order have not issue against me, The INIS will contact us in coming week, for longer term status in the state. Dated September 2018.
IN october 2019, they send me letter my case in attach to chenchooliah case. No deportation or removal order receive till now.
Can, INIS change the mind now, they are going to send me removal order now.
Can, I go to court, against it, they are sending confusing letters and wasting the time.
arz1986 i had got the same wording letter back in jan 2019 but havent heard anything back from them since
they didnt say that my case was impacted by chenchooliah judgement.
i dont know what they gonna say next .

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

Post by arz1986 » Fri Jan 17, 2020 1:31 pm

@ azee81,
I think if they can change their mind, after write the letter. Then, it is a JOKE. I think, they will treat everyone in same manner. they will send removal order.
Can removal order be challenged and the time line to challenge it in court.
I live in Longford.

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

Post by FAw02 » Fri Jan 17, 2020 2:18 pm

This is the problem within justice,i have 15days to appeal and apply again on my behalf which i have already done before

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

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

And have you appealed or reapplied ??
Stay strong & never Give up!

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

Post by FAw02 » Fri Jan 17, 2020 3:39 pm

I have to reapply same things again, and even appeal, dont know what next from justice,

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

Post by azee81 » Fri Jan 17, 2020 3:43 pm

@fawd how long all this process took is high court prceding taking long time?

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

Post by FAw02 » Fri Jan 17, 2020 3:50 pm

Nearly 30month it has taken

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

Post by azee81 » Sat Jan 18, 2020 4:34 pm

does any body knows whats the procedure of removal is it same like deportation or different.

or they give you option to apply for leave to remain.

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

Post by euspouse07 » Sun Jan 19, 2020 10:49 am

After reading posts related to this subject, it seems that department is taking exceptionally strong measure to deal with recent ECJ judgment.
ECJ Would not prevent them removing or refusing people.
I wonder how many people made application under section 3 and how long have been waiting for?
It would be helpful if board members share their grounds too, I.e private life , family life , work and other relevant information.
I know a guy who made an application under section 3 , almost 28 months ago and still waiting .
Thanks

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

Post by dubnew » Sun Jan 19, 2020 12:42 pm

azee81 wrote:
Sat Jan 18, 2020 4:34 pm
does any body knows whats the procedure of removal is it same like deportation or different.

or they give you option to apply for leave to remain.
People getting removal order proposal and asking applicant to make representations to Minister within 15 working days.

Its similar to section 3 Humanitarian application "Leave to remain" but under EU law "Free Movement Regulations 2015" and not easy for Minister to remove.

At least people can knock EU commission door for delaying humanitarian application.

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

Post by azee81 » Sun Jan 19, 2020 9:08 pm

that means more time wasting and waiting .

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