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by Obie
Wed Jan 15, 2020 4:28 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1847
Ireland

Re: Stamp 4 Revoked

The ICO has the ultimate discretion, and allowed your cousin to enter, as s/he was able to do so. The ICO was not obliged to do so. Your cousin was very lucky. It doesn't mean it will apply to anyone else. OP here was unlucky, but the ICO was not wrong. It is like knocking one's head against a bric...
by Obie
Wed Jan 15, 2020 11:35 am
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1847
Ireland

Re: Stamp 4 Revoked

Unfortunately, you are not able to send private messages unless you have made 30 posts.
by Obie
Wed Jan 15, 2020 1:33 am
Forum: Ireland
Topic: Stamp 4 EUFam visa doubt
Replies: 17
Views: 488
Ireland

Re: Stamp 4 EUFam visa doubt

If joining or accompanying your wife, you have a right to entry at the port, irrespective of the position with the Residence Card.
by Obie
Wed Jan 15, 2020 12:40 am
Forum: Ireland
Topic: EU Child and Divorced
Replies: 11
Views: 343
Ireland

Re: EU Child and Divorced

A you a troll or what? The directive provides for a person to retain their right if the court in Ireland rules that access must take place in the state. There is no requirement that this person is the custodian of the child. That is another rubbish. Please have a read throught he 2015 regulations, a...
by Obie
Wed Jan 15, 2020 12:38 am
Forum: Ireland
Topic: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.
Replies: 176
Views: 10949
Ireland

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

No one knows what the Polish authorities said, so i will not speculate on it.

Irish court are sensible enough not to simply accept as a fact, what the Polish authorities said, without any evidence on which the Polish authorities based their views.
by Obie
Wed Jan 15, 2020 12:27 am
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1847
Ireland

Re: Stamp 4 Revoked

The Directive says he needs a visa, but not necessarily pre-entry visa, as provision is made for visa to be granted at port. The difficulties is, the immigration officer in this case failed to undertake the task mandated by regulation 4(5). No examination was done, he was simply put in a plane and ...
by Obie
Wed Jan 15, 2020 12:20 am
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1847
Ireland

Re: Stamp 4 Revoked

Littlerr EU law and regulation 4(5), demands that the Officer gives this man every opportunity to provide this evidence or have it brought to him in order to prove his rights. This is clearly provided for in Irish law, regulation 4(5). Nothing i have said on this thread is controversial or novel, or...
by Obie
Wed Jan 15, 2020 12:07 am
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1847
Ireland

Re: Stamp 4 Revoked

Therefore in accordance with the regulations, the officer should first have tried to establish if the OP's wife was in the state, if she was, the officer must then establish if she has been residing for more than 3 months, if she has, the officer must then determine if she is exercising treaty righ...
by Obie
Tue Jan 14, 2020 11:58 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1847
Ireland

Re: Stamp 4 Revoked

The Directive says he needs a visa, but not necessarily pre-entry visa, as provision is made for visa to be granted at port. The difficulties is, the immigration officer in this case failed to undertake the task mandated by regulation 4(5). No examination was done, he was simply put in a plane and r...
by Obie
Tue Jan 14, 2020 11:46 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1847
Ireland

Re: Stamp 4 Revoked

I am extremely sorry for what you went through. It should never had happened and it causes me immense distress, that this happened in Ireland.

In an Irish case this happened. The court accorded thousand of Euros in damages.
by Obie
Tue Jan 14, 2020 11:30 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1847
Ireland

Re: Stamp 4 Revoked

I used deportation in a loose way. I understand he was not deported in the strict sense of the word as there was no entry ban. Without deviating from the main point, the fact remain that removal and/or denial of entry into the state was unlawful, period. I really do suggest you read regulation 4(5)....
by Obie
Tue Jan 14, 2020 11:29 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1847
Ireland

Re: Stamp 4 Revoked

Neither Metock nor Diatta are relevant to the OP's case, and the pp was quite right. OP had no status to enter the State. He had no EUTR entry visa. He was not accompanying his EUFam member. His residence permission had already been revoked, he had no status to live in the State. It was not in any ...
by Obie
Tue Jan 14, 2020 11:23 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1847
Ireland

Re: Stamp 4 Revoked

I think the confusion originate from your lack of understanding of EU law. The Court of Justice has ruled as way back from Royers and much recently in MRAX, that an EU citizen and their family member derive rights directly from EU law and not a document issued to them. The documents does not confer...
by Obie
Tue Jan 14, 2020 11:15 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1847
Ireland

Re: Stamp 4 Revoked

Unfortunately that may not sound right to you, but it is the law. The court in Metock and all EU law that I could remember, makes it very clear. For example in the case of Diatta, the court ruled that an non EU citizen spouse has rights, even when their relationship have broken, provided a divorce h...
by Obie
Tue Jan 14, 2020 11:03 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1847
Ireland

Re: Stamp 4 Revoked

I think the confusion originate from your lack of understanding of EU law. The Court of Justice has ruled as way back from Royers and much recently in MRAX, that an EU citizen and their family member derive rights directly from EU law and not a document issued to them. The documents does not confer ...
by Obie
Tue Jan 14, 2020 10:43 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1847
Ireland

Re: Stamp 4 Revoked

What is bad about the advise on this thread? The Irish 2015 regulations is designed to implement directive 2004/38EC. That directive provides for a right of entry and a period of residence, any time an EU national enters the state, and anytime a family member is joining or accompanying an EU citizen...
by Obie
Sun Jan 12, 2020 7:02 pm
Forum: Ireland
Topic: EU Child and Divorced
Replies: 11
Views: 343
Ireland

Re: EU Child and Divorced

You and you wife can make agreement by consent, and get it signed by the court, in relation to access to your child, and then I think you will succeed.
by Obie
Sun Jan 12, 2020 6:13 pm
Forum: Ireland
Topic: EU Child and Divorced
Replies: 11
Views: 343
Ireland

Re: EU Child and Divorced

That judgement relates to the primary carer of the child, based on what you have said, that does not seem to be the case.
by Obie
Sat Jan 11, 2020 9:41 pm
Forum: Ireland
Topic: EU Child and Divorced
Replies: 11
Views: 343
Ireland

Re: EU Child and Divorced

Only if the child's lives with you, will you be able to retain right of residence, otherwise you will need to get a court order, requiring access to take place in the UK.

Giving the way things are done in the UK, it will be tough for court to give an order if you their is shared custody by consent.
by Obie
Sat Jan 11, 2020 3:27 pm
Forum: EEA-route Applications
Topic: GOOD NEWS FOR PEOPLE IN NORTHERN IRELAND
Replies: 10
Views: 629
Ireland

Re: GOOD NEWS FOR PEOPLE IN NORTHERN IRELAND

I think the position in Lounes and Surinder Singh are very clear in law, the Obligations are imposed by EU law, which is supreme to UK law. The position in relation to Northern Ireland is a bit different. This is a Change that will be imposed by a British Government, treating it citizens from differ...
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