Case: Petitions to EU over Irish EEA Policy

Cases taken to EU. The Irish authorites have already been told by the European Court Of Justice to amend their EEA Family Permit policy...

Petition 0207/2006 by Ms Kelly Welch (British), on lack of response from Irish embassy to an application for a visa made by her husband, a Nigerian national residing in Belgium

Petition 0646/2006 by Hanna Sobczak (Polish), on the rejection by the Irish authorities of her Bulgarian spouse’s application for a permanent residence permit in Ireland

By its judgment of 9 January 2007 in case C-1/05 Jia, the European Court of Justice confirmed that Community law does not require Member States to make the grant of a residence permit to nationals of a non-Member State, who are members of the family of a Community national who has exercised his or her right of free movement, subject to the condition that those family members have previously been residing lawfully in another Member State. Section 3(2) of the 2006 Regulations would appear to be contrary to Community law as the right of residence in Ireland cannot be made conditional upon having resided legally in another Member State before arriving in Ireland. The Commission services envisage drawing the attention of the Irish authorities to this judgment and require that the Irish legislation fully complies with Community law.

See here...
http://eumovement.wordpress.com/info-ireland/

Thanks for that,Limey...we had already discussed that here.

http://www.immigrationboards.com/viewto ... 14&start=0

Case files involving E.U -Non E.U spouse in Ireland which were petitioned to the European Parliament

http://www.europarl.europa.eu/registre/ ... 54_EN.doc
The petitioner asks the European Parliament to investigate the case of Mr Ogieriakhi, spouse of a EU-national, legally residing in Ireland from 1998, who sought, unsuccessfully, the renewal of his residence permit in 2004. The petitioner argues that the Irish authorities' persistence in their refusal is breaching the EC law, namely EC Directive 2004/38, whose deadline for transposition in the Member States was 30 April 2006, and the decision of the European Court of Justice C132/14 of 15 March 2005.

http://www.europarl.europa.eu/registre/ ... 335_EN.doc

Petition 0646/2006 by Hanna Sobczak (Polish), on the rejection by the Irish authorities of her Bulgarian spouse’s application for a permanent residence permit in Ireland

1. Summary of petition

The petitioner, who is a Polish national and who has resided lawfully in Ireland since 2004, complains that the Irish authorities have rejected her Bulgarian spouse’s application for a permanent residence permit in Ireland. She cannot understand this decision since her spouse has resided lawfully in Ireland since 2002 and she is therefore asking Parliament to verify whether the attitude of the Irish authorities is in conformity with EU provisions on right of residence for Union citizens and their family members.




http://www.europarl.europa.eu/meetdocs/ ... 9689en.pdf

http://www.europarl.europa.eu/meetdocs/ ... 3361en.pdf