Assistance with EU1, we got refusal

Hi:
I need some advise with this issue!
Last week my husband got refused his residency under EU1 because according to them he did not provide for evidence of identity. They waited until the last day of the application process to tell us this.
When we submitted the application 6 months ago, we sent a copy of his passport because the original passport is being held by the repatriation unit. My husband seek asylum when he arrived to Ireland and since then they are holding his passport.
EU Treaty rights section requested the passport from us in the acknowledgement letter we received.
We wrote a letter to the repatriation unit explaining that we needed the passport in order to proceed with the EU1 application. The repatriation unit replied that they could not relish the passport because my husband's case was still open, but that they will grant access to my husband's file to the EU Treaty section.
We sent this letter from the repatriation unit to EU Treaty Rights and since then (early september) they did not mention anything about the passport. In subsequent correspondence they have been requesting other documents, as letter from landlord, more bills, etc. Therefore, we assumed that they were satisfied with the access granted by the repatriation unit.
We have obviously sent EU4 requesting a revision of their decision. What else can we do?
Any advice is welcome.
Thanks

sorry to hear about your refusal. I think you should put more effort in recovering your husband passport and once you have it you may then reapply. It may be difficult to get approval without his original passport.
if possible, obtain another passport from his country embassy and that should be another option.

www.solvit.ie ,

Thanks for the replies.
I'm already in contact with Solvit.
In relation to get a second passport. Impossible. His country hasn't got an embassy in Ireland, they only have an honorary consulate. There is nothing we can do in this regard...

www.mrci.ie www.immigrantcouncil.ie they both are free legal immigrant advice organstions.good luck

Perhaps a Judicial Review claim at some point in time, if this poor decision cause your husband any loss of earning, should be pursued.

They should have returned the passport, once they are aware a EU treaty rights application has been made.

Perhaps it might also help if he withdraws the Asylum application.

vayatela wrote:Hi:
I need some advise with this issue!
Last week my husband got refused his residency under EU1 because according to them he did not provide for evidence of identity. They waited until the last day of the application process to tell us this.
When we submitted the application 6 months ago, we sent a copy of his passport because the original passport is being held by the repatriation unit. My husband seek asylum when he arrived to Ireland and since then they are holding his passport.
EU Treaty rights section requested the passport from us in the acknowledgement letter we received.
We wrote a letter to the repatriation unit explaining that we needed the passport in order to proceed with the EU1 application. The repatriation unit replied that they could not relish the passport because my husband's case was still open, but that they will grant access to my husband's file to the EU Treaty section.
We sent this letter from the repatriation unit to EU Treaty Rights and since then (early september) they did not mention anything about the passport. In subsequent correspondence they have been requesting other documents, as letter from landlord, more bills, etc. Therefore, we assumed that they were satisfied with the access granted by the repatriation unit.
We have obviously sent EU4 requesting a revision of their decision. What else can we do?
Any advice is welcome.
Thanks

Once again I find myself ashamed to be Irish. It is disgraceful the way the department of Justice treats asylum seekers in the name of Irish people. It almost seems as if they are deliberately creating excuses to turn people down. I do not understand why the Repatriation Unit cannot take a copy of the passpot and return it after being satisfied that it is genuine.
We are constantly reading cases of judicial reviews where the court finds that the department of justice did not behave correctly and reverse decisions. I am sure either Justices Cooke or Hogan would find in your husband's favour. However you may not wish to pursie the legal route because of the expenses. At the very least I suggest writing to the Repatriation Unit to complain.

Hi Irishheddy:
Thanks for the comment.
Believe it or not, we got the provisional Stamp4 during the application of EU1. We wrote to the repatriation unit again requesting my husband's passport so we could avail of his rights to look for a job...during this period, but they never replied.

vayatela wrote:Hi Irishheddy:
Thanks for the comment.
Believe it or not, we got the provisional Stamp4 during the application of EU1. We wrote to the repatriation unit again requesting my husband's passport so we could avail of his rights to look for a job...during this period, but they never replied.

Maybe not a bad idea to send them a copy of the original letter requesting release of passport in view of recent developments. And a further letter stating that their action is causing distractions to your family and a loss of earnings.

It may also be very useful to withdraw the asylum application with the hope that this will prompt them to release original passport they are holding.

I expect of course that the letters are registered delivery to ensure that they cannot claim letters were never received.

And the EUTR section are also culpable in the matter - they had to wait until the last minute to deny your application based on the flimsy reason that ID is not available. How "lovely" what would they have said if you do not have any ID with the Repatriation unit? Now that you have and they could have taken a copy for verification, they did not

Wish you all the best as you pursue them with all the arsenal available

The immigration system in this country is a joke.

I was in a similar situation to the OP. Two years ago, husband (partner at the time) applied for EU1 on the basis of my British citizenship (dual Irish-British citizen). The GNIB were holding his passport due to him also being an asylum seeker but it wasn't the repatriation section but rather an actual Garda and it took us 2 months to get them to hand it over to the EU treaty rights section. Like yourself, they sent us letters requesting additional documents to which we obliged. Then 4 and a half months into the application, they refused us on the basis of my Irish citizenship. I don't understand the incompetence of INIS at times. Surely at the onset of the application, they would know if there is an issue that will result in refusal. I don't see the point of them dragging it out and causing undue delay to peoples lives.

I understand what other posters said about withdrawing the asylum application but I would be very worried to do so. I do not think they will return his passport if you withdraw the application. Rather, I think they will hold onto it and try to find some way to get him deported. I know legally, him being the spouse of an EU citizen, he cannot be deported. But we all know the GNIB and INIS do not always play by the rules, so I would thread very carefully.

I think SOLVIT will hopefully be of assistance to you. Also, in relation to the review, you should send the letter from the repatriation section stating that they would allow the EU treaty rights section access to your husbands file and passport and ask the EU treaty rights section to request same from the repatriation section.

Best of luck.

Irisheddy wrote:

vayatela wrote:Hi:
I need some advise with this issue!
Last week my husband got refused his residency under EU1 because according to them he did not provide for evidence of identity. They waited until the last day of the application process to tell us this.
When we submitted the application 6 months ago, we sent a copy of his passport because the original passport is being held by the repatriation unit. My husband seek asylum when he arrived to Ireland and since then they are holding his passport.
EU Treaty rights section requested the passport from us in the acknowledgement letter we received.
We wrote a letter to the repatriation unit explaining that we needed the passport in order to proceed with the EU1 application. The repatriation unit replied that they could not relish the passport because my husband's case was still open, but that they will grant access to my husband's file to the EU Treaty section.
We sent this letter from the repatriation unit to EU Treaty Rights and since then (early september) they did not mention anything about the passport. In subsequent correspondence they have been requesting other documents, as letter from landlord, more bills, etc. Therefore, we assumed that they were satisfied with the access granted by the repatriation unit.
We have obviously sent EU4 requesting a revision of their decision. What else can we do?
Any advice is welcome.
Thanks

Once again I find myself ashamed to be Irish. It is disgraceful the way the department of Justice treats asylum seekers in the name of Irish people. It almost seems as if they are deliberately creating excuses to turn people down. I do not understand why the Repatriation Unit cannot take a copy of the passpot and return it after being satisfied that it is genuine.
We are constantly reading cases of judicial reviews where the court finds that the department of justice did not behave correctly and reverse decisions. I am sure either Justices Cooke or Hogan would find in your husband's favour. However you may not wish to pursie the legal route because of the expenses. At the very least I suggest writing to the Repatriation Unit to complain.

THose who claim asylum are told to hand in passports so that they don't try to leave the country and try elsewhere. It can't be one rule for one person and another rule for another person. Every country does this. Failure to take this procedure, your asking for trouble. You clearly don't know what you are talking about on that count.

Maybe others will cope on to this and enter the country on a correct and honest basis and not highjack the system with "claims of persecution"

However, Repatriation Unit are being arses about not sending it over to EU Treaty Rights Section (in the same building)

Furthermore, the Directive is very clear about the creation of obstacles (which has occurred here) and they should be cut to a minim. OP should read the first 9 Articles of the Directive. On that basis OP has a point

As for Constant Judicial Reviews? May I ask what parallel universe are you living on? A majority of Judicial Reviews in Asylum and Immigration are being refused. Citing a few isolated cases can't constitute a "constant2 flow of cases.