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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 Obie » Mon Jan 27, 2020 8:47 pm

Without the facts surrounding your case, I am unable to express any view.
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Mon Jan 27, 2020 9:32 pm

my question still persist that whats the criteria of determining marriage of convenience what process they follow .

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

Post by CR001 » Mon Jan 27, 2020 9:36 pm

azee81 wrote:
Mon Jan 27, 2020 9:32 pm
my question still persist that whats the criteria of determining marriage of convenience what process they follow .
See topic link below for info from a couple of years ago on the EU commissions handbook

eea-route-applications/eu-commission-s- ... 73197.html
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Finepaddy » Tue Jan 28, 2020 9:23 am

Any irish case as a ref
Finepaddy becomes badpaddy :mrgreen:

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

Post by CR001 » Tue Jan 28, 2020 6:27 pm

Finepaddy wrote:
Tue Jan 28, 2020 9:23 am
Any irish case as a ref
If you read the link, it is the EU commission handbook applicable to all EU states.
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by Obie » Tue Jan 28, 2020 7:17 pm

http://courts.ie/Judgments.nsf/09859e7a ... d3d19?Open Document

I do not agree with Asif V MJE, but it is one of the leading cases in Irish law.

Just as well the supreme Court is due to promulgate a case on this matter.
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by azee81 » Tue Jan 28, 2020 7:59 pm

was that guy deported finally or still fighting his case

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

Post by Obie » Tue Jan 28, 2020 8:18 pm

Not sure what is happening with Asif. But the case below is awaiting judgement.

http://courts.ie/Judgments.nsf/0/15B926 ... B60054EA92
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by dubnew » Tue Jan 28, 2020 8:57 pm

Obie wrote:
Tue Jan 28, 2020 8:18 pm
Not sure what is happening with Asif. But the case below is awaiting judgement.

http://courts.ie/Judgments.nsf/0/15B926 ... B60054EA92
Any idea how long it will take to delivered judgment? This case was heard in SC last October.

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

Post by arz1986 » Tue Jan 28, 2020 10:31 pm

I think asif vs minister of justice, i read the judgement, I think asif case is refused. Let me check, and sure the link with you guy
https://beta.courts.ie/view/judgments/7 ... _1.pdf/pdf

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

Post by Dub2020 » Tue Jan 28, 2020 11:55 pm

Hi All,

Did any on checked Mohammed Nadeem’s case judgement, The judgement is back on Chenchooliah case, where judges clearly referenced that no matter how bogus or sham the application is, once the EU treaty rights is given, national law (section 3) will not be imposed and application will automatically have EU directive protection.

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

Post by Finepaddy » Wed Jan 29, 2020 12:57 am

Finepaddy becomes badpaddy :mrgreen:

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

Post by griffith » Wed Jan 29, 2020 9:01 am

azee81 wrote:
Tue Jan 28, 2020 7:59 pm
was that guy deported finally or still fighting his case
Mr Asif was arrested from his workplace( a convenience store) not sure if he is still in the country.

Obie, Thank you for sharing these judgements. All of these explains why the minister is taking so long to process the retention cases. I wonder if they do with every single case or the ones they suspect?
Their way of investigation is mainly focused on the EU citizen's activities in the state. I do not agree with the minister's procedure of establishing a marriage of convenience.
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by karen711 » Wed Jan 29, 2020 9:34 am

Asif still here. On section 3 application waiting for updates

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

Post by karen711 » Wed Jan 29, 2020 9:43 am

Apologise. Asif has been deported . Someone else told me he ws still here but this morning I confirmed .he has been sent back.

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

Post by Obie » Wed Jan 29, 2020 10:47 am

This Nadeem case appears to be different from the other which was a marriage of convenience case.

The other Nadeem was a qualifying family member, refused on the basis of marriage of convenience, this Nadeed is a permitted family member whose durable partner left the state.

So there is a significant distinction.
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Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Post by karen711 » Wed Jan 29, 2020 12:24 pm

It seems they have escalated the process of removing ppl. 4 people were deported last week bcoz of marriage of convenience

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

Post by azee81 » Wed Jan 29, 2020 2:34 pm

what is the significance of chencooliah judgement if they still can deport people its very confusing situation.

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

Post by karen711 » Wed Jan 29, 2020 3:00 pm

Very confusing seems like inis doesn't know itself what to do with them. My house mate same case marriage of convenience . Proved . Deportation ordered served.. he appealed on behalf of section 2 ( bcoz he is here over 13 years) then deportation and removed ordered were suspended after judgment and department said to him they ll b in touch with him. But today he recived new remover ordered again even though before then canceled his removal ordered. Very confusing and very chaos situation.the guy hasn't visit home over 13 years. No other convition
Last edited by karen711 on Wed Jan 29, 2020 3:02 pm, edited 1 time in total.

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

Post by karen711 » Wed Jan 29, 2020 3:01 pm

Section3*

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

Post by arz1986 » Wed Jan 29, 2020 3:35 pm

Obie wrote:
Wed Jan 29, 2020 10:47 am
This Nadeem case appears to be different from the other which was a marriage of convenience case.

The other Nadeem was a qualifying family member, refused on the basis of marriage of convenience, this Nadeed is a permitted family member whose durable partner left the state.

So there is a significant distinction.
I meet the nadeem, he live in Longford,He have islamic marriage document from UK, which is not acceptable in ireland. they both are pakistani, spouse pakistani british, They are live in ireland for four years. in there refusal word marriage of convenience is not used. there refusal is EU citizen not working in Ireland.

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

Post by Obie » Wed Jan 29, 2020 3:42 pm

I am not sure if Mr Nadeem will appreciate or be impressed about you talking about his place of residence and mosque on the forum..

But yes you are right, his marriage was not accepted, but he was treated as a permitted family member.
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 arz1986 » Wed Jan 29, 2020 3:48 pm

karen711 wrote:
Wed Jan 29, 2020 3:00 pm
Very confusing seems like inis doesn't know itself what to do with them. My house mate same case marriage of convenience . Proved . Deportation ordered served.. he appealed on behalf of section 2 ( bcoz he is here over 13 years) then deportation and removed ordered were suspended after judgment and department said to him they ll b in touch with him. But today he recived new remover ordered again even though before then canceled his removal ordered. Very confusing and very chaos situation.the guy hasn't visit home over 13 years. No other convition
I write the email to INIS for update as well, let see what I will get. can you confirm the dates, when he receive the removal order again.

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

Post by arz1986 » Wed Jan 29, 2020 3:55 pm

Obie wrote:
Wed Jan 29, 2020 3:42 pm
I am not sure if Mr Nadeem will appreciate or be impressed about you talking about his place of residence and mosque on the forum..

But yes you are right, his marriage was not accepted, but he was treated as a permitted family member.
@Obie, it is also written in judgement. I will try to delete the post. i think, his marriage or relationship is genuine, unfortunately, in his case, INIS come to check her, either she is working or not twice, she is not present both the time at work place. He win the case, but till now no stamp 4, INIS might appeal the case.

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

Post by karen711 » Wed Jan 29, 2020 4:00 pm

arz1986 wrote:
Wed Jan 29, 2020 3:48 pm
karen711 wrote:
Wed Jan 29, 2020 3:00 pm
Very confusing seems like inis doesn't know itself what to do with them. My house mate same case marriage of convenience . Proved . Deportation ordered served.. he appealed on behalf of section 2 ( bcoz he is here over 13 years) then deportation and removed ordered were suspended after judgment and department said to him they ll b in touch with him. But today he recived new remover ordered again even though before then canceled his removal ordered. Very confusing and very chaos situation.the guy hasn't visit home over 13 years. No other convition
I write the email to INIS for update as well, let see what I will get. can you confirm the dates, when he receive the removal order again.
Yes he wrote them last week asking them wts a story? And they sent him removel ordered today

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