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Two years waiting

Forum to discuss all things Blarney | Ireland immigration

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Dodi412
Junior Member
Posts: 69
Joined: Fri Sep 25, 2020 3:00 pm
Ireland

Two years waiting

Post by Dodi412 » Mon Apr 05, 2021 11:30 pm

Hi everyone! I have been getting loads of emails saying that I will hear from the office in the “due course “ I don’t know when is this due course! Anyway i was thinking of hiring a solicitor but I received the below email.

Processing of your application is well advanced and you will be informed of
the Ministers decision in due course.
I can confirm that the Division has engaged in concentrated effort to
process and complete all cases that remain outstanding for a considerable
period of time. Please be assured that we will revert immediately once a
decision has been reached on the application. Your patience in this matter
is appreciated.
Regards

Does the above email mean my application is submitted to the minster or not yet. Anyone else’s got similar email too

Thanks :)

klick02
Newly Registered
Posts: 26
Joined: Mon Oct 12, 2020 2:50 pm
Ireland

Re: Two years waiting

Post by klick02 » Tue Apr 06, 2021 10:43 am

Dodi412 wrote:
Mon Apr 05, 2021 11:30 pm
Hi everyone! I have been getting loads of emails saying that I will hear from the office in the “due course “ I don’t know when is this due course! Anyway i was thinking of hiring a solicitor but I received the below email.

Processing of your application is well advanced and you will be informed of
the Ministers decision in due course.
I can confirm that the Division has engaged in concentrated effort to
process and complete all cases that remain outstanding for a considerable
period of time. Please be assured that we will revert immediately once a
decision has been reached on the application. Your patience in this matter
is appreciated.
Regards

Does the above email mean my application is submitted to the minster or not yet. Anyone else’s got similar email too

Thanks :)
This is a generic response. It doesnt say anything conclusive, sorry. I have already got 3 of such emails. Thx

Rude555
Newbie
Posts: 34
Joined: Thu Jan 14, 2021 8:37 pm
Mood:
Ireland

Re: Two years waiting

Post by Rude555 » Tue Apr 06, 2021 11:32 am

Same here guys, applied in 2019 march but still waiting my solicitor send 21 days legal notice but they didn't send any decision now next step i will go for JR.

Dodi412
Junior Member
Posts: 69
Joined: Fri Sep 25, 2020 3:00 pm
Ireland

Re: Two years waiting

Post by Dodi412 » Tue Apr 06, 2021 5:47 pm

Rude555 wrote:
Tue Apr 06, 2021 11:32 am
Same here guys, applied in 2019 march but still waiting my solicitor send 21 days legal notice but they didn't send any decision now next step i will go for JR.
What has the solicitor advised you to do?

Rude555
Newbie
Posts: 34
Joined: Thu Jan 14, 2021 8:37 pm
Mood:
Ireland

Re: Two years waiting

Post by Rude555 » Tue Apr 06, 2021 11:44 pm

He advised me to go for JR if i want because they don't need any documentation every thing is done on the advance stage from last 8 months.

Dodi412
Junior Member
Posts: 69
Joined: Fri Sep 25, 2020 3:00 pm
Ireland

Re: Two years waiting

Post by Dodi412 » Thu Apr 08, 2021 4:54 pm

Rude555 wrote:
Tue Apr 06, 2021 11:44 pm
He advised me to go for JR if i want because they don't need any documentation every thing is done on the advance stage from last 8 months.
Thanks for your reply.

Did he say they should reply after JR? Or will they keep delaying. Because it’s like €1200 for the JR don’t wanna pay that for nothing, you know!

polarcub
Member
Posts: 104
Joined: Sat Jan 04, 2020 4:20 am
Mood:
Ireland

Re: Two years waiting

Post by polarcub » Tue Apr 20, 2021 7:29 am

The JR is the process to get the decision via the courts. If you've been waiting for 2+ years and there is nothing on your file to justify the delay (and you've done a FOI to confirm) then you qualify for a JR.

There is a whole thread on this here: ireland/foi-and-an-application-for-an-o ... 11264.html

Finepaddy
Member
Posts: 155
Joined: Tue Feb 19, 2019 4:46 pm
Mood:
Norway

Re: Two years waiting

Post by Finepaddy » Wed Apr 21, 2021 12:51 am

Dodi412 wrote:
Thu Apr 08, 2021 4:54 pm
Rude555 wrote:
Tue Apr 06, 2021 11:44 pm
He advised me to go for JR if i want because they don't need any documentation every thing is done on the advance stage from last 8 months.
Thanks for your reply.

Did he say they should reply after JR? Or will they keep delaying. Because it’s like €1200 for the JR don’t wanna pay that for nothing, you know!
Who is charging you 1200 for JR?
Judicial Review can cost 30000 with couple of court hearings. Each side.
For case preparation alone can cost a lot more then 1200. May be 1200 is just for initial case opening.
Finepaddy becomes badpaddy :mrgreen:

Emu1990
Newbie
Posts: 47
Joined: Wed Nov 20, 2019 11:30 pm
Ireland

Re: Two years waiting

Post by Emu1990 » Wed Apr 21, 2021 8:05 am

Finepaddy wrote:
Wed Apr 21, 2021 12:51 am
Dodi412 wrote:
Thu Apr 08, 2021 4:54 pm
Rude555 wrote:
Tue Apr 06, 2021 11:44 pm
He advised me to go for JR if i want because they don't need any documentation every thing is done on the advance stage from last 8 months.
Thanks for your reply.

Did he say they should reply after JR? Or will they keep delaying. Because it’s like €1200 for the JR don’t wanna pay that for nothing, you know!
Who is charging you 1200 for JR?
Judicial Review can cost 30000 with couple of court hearings. Each side.
For case preparation alone can cost a lot more then 1200. May be 1200 is just for initial case opening.

30000 for JR.. 😲😲 no thanks .. I can wait 1 more year

Finepaddy
Member
Posts: 155
Joined: Tue Feb 19, 2019 4:46 pm
Mood:
Norway

Re: Two years waiting

Post by Finepaddy » Wed Apr 21, 2021 9:09 am

If you win JR then department of Justice will cover all your cost but if u lose then u will end up paying your barrister fee plus state barrister from DOJ.
Finepaddy becomes badpaddy :mrgreen:

Stanina
Member
Posts: 163
Joined: Sun Apr 14, 2019 4:02 pm
Ireland

Re: Two years waiting

Post by Stanina » Wed Apr 21, 2021 11:10 am

Finepaddy wrote:
Wed Apr 21, 2021 12:51 am

Who is charging you 1200 for JR?
Judicial Review can cost 30000 with couple of court hearings. Each side.
For case preparation alone can cost a lot more then 1200. May be 1200 is just for initial case opening.

I heard costs are not that high. Around 3-5K Euros for court fees, still quite big number.

Vorona
- thin ice -
Posts: 548
Joined: Mon Mar 16, 2020 6:34 pm
Ireland

Re: Two years waiting

Post by Vorona » Wed Apr 21, 2021 11:31 am

And even if you win, the judge may instruct the Minister to give you a decision without granting the costs as Minister may argue that they would have given you a decision anyway. Better have some savings before going that route.

littlerr
Respected Guru
Posts: 2461
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: Two years waiting

Post by littlerr » Wed Apr 21, 2021 12:48 pm

Vorona wrote:
Wed Apr 21, 2021 11:31 am
And even if you win, the judge may instruct the Minister to give you a decision without granting the costs as Minister may argue that they would have given you a decision anyway. Better have some savings before going that route.
That's not true. Although legally possible, it has in practice never been used where the judge does not award legal cost towards the winning side, when the winning side is an individual and the losing side is the government.

After the applicant files a JR application, the minister can file a Statement of Opposition, in which the minister can argue why the JR should not proceed. Usually the minister may say that they will give a decision within 4 weeks anyway. If you and the judge agree to it, the JR will not proceed.

If the minister did not file a Statement of Opposition, or if the statement was rejected, the JR will proceed and the judge will decide who wins the case. Whoever loses the case will pay the full legal cost. The judge can only waive some of the fees to the losing side, not to the winning side.

Most solicitors will charge a 4-digit figure to just threaten the minister with a JR, and potentially file a JR application. If the JR eventually proceeds to the hearing stage, the winning side shouldn't have to pay anything. Of course, if it doesn't proceed (e.g. if the Statement of Opposition is accepted), then no JR will have happened, so this fee is the applicant's sole responsibility.

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