New Info on Court Case

archigabe · Post by **archigabe** » Thu May 31, 2007 9:57 am

Hello All,

I have some new information on the Court Case to be decided on the 15th of June.As you know,the case involves a Non National married to an E.U national denied residency due to not having prior European residency.This case is under the name of Kumar V Minister for Justice,Equality and Law Reform.

When the case is decided, the following agencies will have the latest updates.Please contact them if you require more information.

1.Eurojus in Ireland who is a solicitor employed by the European Commission to ascertain the outcome of this decision after 15th June and the implications for your situation - (www.euireland.ie)

2.Migrant Rights Association of Ireland (www.mrci.ie)

3.Immigrant Council of Ireland (http://www.immigrantcouncil.ie/)

4.SOLVIT can also help (www.ec.europa.eu/solvit)

runie80 · Post by **runie80** » Thu May 31, 2007 10:00 am

Excellent Info archigabe

You are the man !

Guys if the court decision goes in our favour

we have to meet for drinks !

Excellent info !

Keep digging guys.

Flor_mz · Post by **Flor_mz** » Thu May 31, 2007 10:08 am

Thanks Archibage!

Very clear and helpful!!!

archigabe · Post by **archigabe** » Thu May 31, 2007 10:19 am

The contact information for EuroJUS is not very obvious from the webpage.
Here's further information.

European Union Law and where EU Citizens can get information on their rights:

Contact: Siobhan Duffy, Eurojus Consultant with the European Commission Representation in Ireland :

Address: European Commission Representation, 18 Dawson Street, Dublin 2.

E-Mail: siobhan.duffy@cec.eu.int
Telephone: 01 634 1111 Monday & Tuesday - 9.00 am - 5.00 pm for advice or to make an appointment.
Fax: 01 634 1112

Website:

http://ec.europa.eu/ireland/general_inf ... dex_en.htm

http://www.ec.europa.eu/ireland/your_le ... dex_en.htm

Eurojus, European Commission Representation, 18 Dawson Street, Dublin2.

archigabe · Post by **archigabe** » Thu May 31, 2007 11:58 am

Even though the decision is to be published on the 15th, I think the case is going to be heard on the 8th of June...

http://www.courts.ie/LegalDiary.NSF/PDA ... nish=13646

On Friday 08/06/2007
Mr Justice Hanna
2005 774JR TREACY V DPP
2006 758JR KUMAR & ANOR V MJELR & ORS (JT) (11.00)
2004 93JR POPOV & ORS V MINISTER FOR JUSTICE EQUALITY & LAW REFORM (11.00)

megmog · Post by **megmog** » Thu May 31, 2007 12:01 pm

great info archigabe!

I am going to be praying for the next 2 weeks!

If it goes in our favour we DEFINITELY have to meet up and celebrate!

runie80 · Post by **runie80** » Thu May 31, 2007 12:04 pm

super find

yes now we have the info about the progress of the case

archigabe You are the search Knight of our army

Well done

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Thu May 31, 2007 12:25 pm

archigabe wrote:Even though the decision is to be published on the 15th, I think the case is going to be heard on the 8th of June...

http://www.courts.ie/LegalDiary.NSF/PDA ... nish=13646

On Friday 08/06/2007
Mr Justice Hanna
2005 774JR TREACY V DPP
2006 758JR KUMAR & ANOR V MJELR & ORS (JT) (11.00)
2004 93JR POPOV & ORS V MINISTER FOR JUSTICE EQUALITY & LAW REFORM (11.00)

If anyone has time available that day, it may be very interesting to attend. I suspect it would be open to the public, though it is worth checking in advance.

runie80 · Post by **runie80** » Thu May 31, 2007 12:28 pm

Good Idea if some one can check sureley will be insight which way things are going.

Lets see if i can make it i am not sure.have to check on this one.

Static · Post by **Static** » Thu May 31, 2007 4:17 pm

archigabe you truly ARE the man!

Thank you for finding it. And I completely agree, we should have a celebration!!

archigabe · Post by **archigabe** » Thu May 31, 2007 4:19 pm

Thanks for the appreciation guys...Glad to have brought some encouragement to all!

Static · Post by **Static** » Thu May 31, 2007 4:21 pm

archigabe wrote:Thanks for the appreciation guys...Glad to have brought some encouragement to all!

you certainly have

now we can count sleeps... 8..

jack_in_the box · Post by **jack_in_the box** » Fri Jun 01, 2007 10:54 am

Hey thanks for that info! Good to hear the wheels are rolling. But what about us who have been denied already? SHOULD things end in our favour, will I need to go through the full application process again & be without my passport again & wait another 6 (or 9 as was in my case) months to get a reply?

Birdy · Post by **Birdy** » Fri Jun 01, 2007 11:23 am

Hi Guys,

This is what i have in relation to Appealing your decision if it is refused.

"Solvit@entemp.ie" <Solvit@entemp.ie> hide details May 28 (4 days ago)
to Dan Bird <**********@gmail.com>
date May 28, 2007 11:12 AM
subject Re: Complaint Against Department of Justice Equality and Law reform

Dear Mr. Bird,

The Department of Justice have informed me that applicants do not have to appeal the refusal decision now. The Department of Justice have a record of all applicants who have received a refusal letter and following the court case, these applications will be automatically reconsidered by D/Justice, if directed to do so by the court.

However, if you wish to write to the Department of Justice now, please do so.

Regards
Sinead
Irish SOLVIT Centre
Internal Market Section
Dept. Enterprise, Trade and Employment
Ph:+ 353 1 631 2740
Fax:+ 353 1 631 2562

Static · Post by **Static** » Fri Jun 01, 2007 11:37 am

Thanks Birdy.. What are you going to do?

Birdy · Post by **Birdy** » Fri Jun 01, 2007 11:50 am

Two things one is in a PM to you.

But mostly Return to the land of Hope and Glory England.

brownbonno · Post by **brownbonno** » Fri Jun 01, 2007 11:55 am

Birdy wrote:Hi Guys,

This is what i have in relation to Appealing your decision if it is refused.

"Solvit@entemp.ie" <Solvit@entemp.ie> hide details May 28 (4 days ago)
to Dan Bird <**********@gmail.com>
date May 28, 2007 11:12 AM
subject Re: Complaint Against Department of Justice Equality and Law reform

Dear Mr. Bird,

The Department of Justice have informed me that applicants do not have to appeal the refusal decision now. The Department of Justice have a record of all applicants who have received a refusal letter and following the court case, these applications will be automatically reconsidered by D/Justice, if directed to do so by the court.

However, if you wish to write to the Department of Justice now, please do so.

Regards
Sinead
Irish SOLVIT Centre
Internal Market Section
Dept. Enterprise, Trade and Employment
Ph:+ 353 1 631 2740
Fax:+ 353 1 631 2562

This is absurd and crude for the DoJ to ask people to wait on appeal pending an outcome of court case when you are not party to the case in question.I strongly suggest that people should appeal their refusal and let them know the possible lossed income and the delay(over 6 months)for a decision.If the ''court case'' is to your favour,then you can happly file for claims/compensation.

Static · Post by **Static** » Fri Jun 01, 2007 12:03 pm

brownbonno wrote:
Birdy wrote:Hi Guys,

This is what i have in relation to Appealing your decision if it is refused.

"Solvit@entemp.ie" <Solvit@entemp.ie> hide details May 28 (4 days ago)
to Dan Bird <**********@gmail.com>
date May 28, 2007 11:12 AM
subject Re: Complaint Against Department of Justice Equality and Law reform

Dear Mr. Bird,

The Department of Justice have informed me that applicants do not have to appeal the refusal decision now. The Department of Justice have a record of all applicants who have received a refusal letter and following the court case, these applications will be automatically reconsidered by D/Justice, if directed to do so by the court.

However, if you wish to write to the Department of Justice now, please do so.

Regards
Sinead
Irish SOLVIT Centre
Internal Market Section
Dept. Enterprise, Trade and Employment
Ph:+ 353 1 631 2740
Fax:+ 353 1 631 2562
This is absurd and crude for the DoJ to ask people to wait on appeal pending an outcome of court case when you are not party to the case in question.I strongly suggest that people should appeal their refusal and let them know the possible lossed income and the delay(over 6 months)for a decision.If the ''court case'' is to your favour,then you can happly file for claims/compensation.

How would you word such an appeal brownbonno? I am hopeless with the legal nomenclature.

runie80 · Post by **runie80** » Fri Jun 01, 2007 12:28 pm

would it be worth writing to this man ?

http://ec.europa.eu/commission_barroso/ ... dex_en.htm

As he deals with the following

am the Vice President of the European Commission. I am responsible for Freedom, Security and Justice.

These web pages tell you about my key priorities which include:

* Fundamental Rights and citizenship
* The fight against terrorism and organised crime
* Immigration and asylum, visa and border issues
* Closer co-operation between police, judicial and customs authorities
* Ensuring all EU citizens have the same access to justice
* The Rights of the Child

brownbonno · Post by **brownbonno** » Fri Jun 01, 2007 12:36 pm

I may not be able to write a full text here but following bullets should be included.
*2004/38/EC transposed to Irish national law,article 3(2) is admistered as an obstacle to Non EU citizen spouse of an EU citizen.Confirmed by the ECJ-Jia case 2007.
*The right of an EU spouse is inherited from the EU citizen alone.Marriage certificate included in the EU1 application confirm such relationship(European Commission v Spain: C-157/03 ).

*Non compliance of the Directive 2004/38/Ec has caused you and your family untold financial hardship since your spouse is not allow to work.

Sorry,i am still at work.

runie80 · Post by **runie80** » Fri Jun 01, 2007 12:42 pm

I Will write to him in evening

when i get home

I am at work but never work LOL

archigabe · Post by **archigabe** » Fri Jun 01, 2007 12:51 pm

Static wrote:How would you word such an appeal brownbonno? I am hopeless with the legal nomenclature.

Here's the link to complain to the E.U commission about Failure by a Member State to comply with Community law. There's a standard form you can fill out and you can either mail it in or hand it over at their office in Dawson street.

http://ec.europa.eu/community_law/compl ... dex_en.htm

The website states that

Anyone may lodge a complaint with the Commission against a Member State about any measure (law, regulation or administrative action) or practice which they consider incompatible with a provision or a principle of Community law.

You are not obliged to use this form. You may also submit a complaint by ordinary letter, but it is in your interest to include as much relevant information as possible. You can send this form by ordinary mail to the following address:

Commission of the European Communities
(for the attention of the Secretary-General)
B-1049 Brussels
BELGIUM

You may also hand in the form at any of the Commissionâ€™s representative offices in the Member States.

To be admissible, your complaint has to relate to an infringement of Community law by a Member State.

Flor_mz · Post by **Flor_mz** » Fri Jun 01, 2007 3:25 pm

Hi guys!

Does anybody now if the hearing will be public? Is anyone planning to go?

Static · Post by **Static** » Fri Jun 01, 2007 4:49 pm

Flor_mz wrote:Hi guys!

Does anybody now if the hearing will be public? Is anyone planning to go?

It should be.. I am definately going if it is.

Flor_mz · Post by **Flor_mz** » Fri Jun 01, 2007 8:13 pm

I want to go too... since I cannot work, I should be able to make it!!!

I don't know exactly how to find out if we can attend... I've been going throught the courts website and I can't find that info...

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New Info on Court Case

New Info on Court Case