Stamp 4 Revoked

[cyberhawk]

Obie, what do you suggest now?

Should I withdraw my appeal and apply for a new case?

[Obie]

I believe you hae a strong case in relation to the removal. The removal was unlawful period. You have a right of entry into the state and the visa officer erred in law and acted unlawfully in refusing you entry. Furthermore it appears you were accorded no right to challenge the refusal of entry, which again is unlawful.

I believe that if you left the state for more than 6 month in the years, for reasons other than military service, vocational course of training or very important reasons, then the minister is correct to revoke stamp 4 EU fam, as it ceases to be valid as a result of lengthy absence.

But your lawyers are failing to challenge the department where it bites. They should never had refused you entry and remove you, you need to make a challenge for them to pay your flight, and pay you compensation for violating your EU law rights.

I will advise at this stage to challenge the refusal of entry, and apply for a new entry visa. But challenging the revocation itself may not have merit if your absent was more that 12 months, unless very good reasons can be shown for that length of absence.

[cyberhawk]

I believe you hae a strong case in relation to the removal. The removal was unlawful period. You have a right of entry into the state and the visa officer erred in law and acted unlawfully in refusing you entry. Furthermore it appears you were accorded no right to challenge the refusal of entry, which again is unlawful.

I believe that if you left the state for more than 6 month in the years, for reasons other than military service, vocational course of training or very important reasons, then the minister is correct to revoke stamp 4 EU fam, as it ceases to be valid as a result of lengthy absence.

But your lawyers are failing to challenge the department where it bites. They should never had refused you entry and remove you, you need to make a challenge for them to pay your flight, and pay you compensation for violating your EU law rights.

I will advise at this stage to challenge the refusal of entry, and apply for a new entry visa. But challenging the revocation itself may not have merit if your absent was more that 12 months, unless very good reasons can be shown for that length of absence.

“ Furthermore it appears you were accorded no right to challenge the refusal of entry”

I am not sure about this one but we have an appeal under review right now.

“
I believe that if you left the state for more than 6 month in the years, for reasons other than military service, vocational course of training or very important reasons, then the minister is correct to revoke stamp 4 EU fam, as it ceases to be valid as a result of lengthy absence.”

That’s where the problem is. Now I was in touch with EUTR via email from November 2019 - May 2019 when I sent them my mothers death cert and then our confirmed tickets to fly in June 2019 and they acknowledged that.

Aren’t I right to assume that till that time my stamp wasn’t revoked? Now I am told that my stamp would be deemed canceled from the time it was issued.

My mother’s health is no equivalent to the military service but as per the emails, it was a good enough reason for them till I entered in June 2019.

[Obie]

How long were you out of the state for?,

What decision is presently under review the revocation or the refusal of entry?

[Granista]

I'd be less worried about your skills if you didn't make such worrying comments as "deport all, refuse entry to all"....

You don't even know the difference between deportation and removal and refusal of leave to land, it's highly concerning that anyone would engage your services....

[cyberhawk]

How long were you out of the state for?,

What decision is presently under review the revocation or the refusal of entry?

My last two visits in Ireland before my June 2019 visit were in June 2018 and September 2018 so I was out for about 9-10 months before my final visit in June 2019.

The appeal under review is for the revocation of Stamp4.

[Obie]

Now that we have cleared up the fact that your refusal of entry at port was wrong, may i ask what reasons were given for the revocation of stamp 4EU fam.

[littlerr]

Being absent for 9-10 months without AND changing address without informing INIS sounds like 2 valid reasons to me. I hope that you manage to dispute this but the fact that you acknowledged that you did not inform them of your address change is a big issue.

[Obie]

Validity of residence card

8. (1) The period of validity of a residence card issued under Regulation 7 shall be equivalent to the envisaged period of residence in the State of the Union citizen in respect of whom the recipient of the card is a family member, or 5 years from the date of issue of the card, whichever is the lesser period.

(2) Subject to paragraph (3), the Minister shall revoke a residence card issued under Regulation 7 if the holder of the residence card is no longer entitled to remain in the State under these Regulations.

(3) Before making a decision to revoke a residence card under paragraph (2), the Minister shall—

(a) send the holder of the card a notification in writing, in a language that he or she may reasonably be expected to understand, informing him or her of his or her proposal and giving the person an opportunity to make representations in writing to the Minister, which shall include the particulars specified in Schedule 4, within 15 working days of the date of issue of the notification, and

(b) consider any representations which have been made in accordance with subparagraph (a) by the holder of the card.

(4) The holder of a residence card shall, where a removal order is made in respect of him or her, surrender the residence card to the Minister.

(5) The validity of a residence card shall not be affected by any of the following on the part of the recipient of the card:

(a) temporary absences not exceeding 6 months in a 12 month period;

(b) absences of a duration longer than 6 months in a 12 month period for compulsory military service;

(c) one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in a Member State or a third country.

The factors in regulation 8(5)(c) is non-exhaustive, and could cover wide range of scenerio.

Your views on justification may well be pre-mature, without all the fact and circumstances surrounding the revocation.

[cyberhawk]

I could provide you more details through a private message because I don’t feel comfortable posting it here as it constrains the names.

If you can send me a PM, I can send the details.

[cyberhawk]

Validity of residence card

8. (1) The period of validity of a residence card issued under Regulation 7 shall be equivalent to the envisaged period of residence in the State of the Union citizen in respect of whom the recipient of the card is a family member, or 5 years from the date of issue of the card, whichever is the lesser period.

(2) Subject to paragraph (3), the Minister shall revoke a residence card issued under Regulation 7 if the holder of the residence card is no longer entitled to remain in the State under these Regulations.

(3) Before making a decision to revoke a residence card under paragraph (2), the Minister shall—

(a) send the holder of the card a notification in writing, in a language that he or she may reasonably be expected to understand, informing him or her of his or her proposal and giving the person an opportunity to make representations in writing to the Minister, which shall include the particulars specified in Schedule 4, within 15 working days of the date of issue of the notification, and

(b) consider any representations which have been made in accordance with subparagraph (a) by the holder of the card.

(4) The holder of a residence card shall, where a removal order is made in respect of him or her, surrender the residence card to the Minister.

(5) The validity of a residence card shall not be affected by any of the following on the part of the recipient of the card:

(a) temporary absences not exceeding 6 months in a 12 month period;

(b) absences of a duration longer than 6 months in a 12 month period for compulsory military service;

(c) one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in a Member State or a third country.

The factors in regulation 8(5)(c) is non-exhaustive, and could cover wide range of scenerio.

Your views on justification may well be pre-mature, without all the fact and circumstances surrounding the revocation.

Apart from handing me the print out of the letter they said they sent me, they also gave me this paper which reads:

This is to inform the person to whom this notice is addressed and he is being refused permission to land in accordance with the provisions of the immigration Act 2004 on the following grounds:

(e) that the non-national, not being exempt, by virtue of an order under section 17, from the requirement to have an Irish visa, is not the holder of a valid Irish visa;

[Granista]

Exactly. You were required to have a visa (in this case an EUTR visa) and you did not have one. Therefore you were not allowed to enter the country

It's not complicated in the slightest.

[Obie]

Strictly speaking the 2004 Act does not apply to people who benefit from the free movement regulations 2015, even if they are non-National who are not visa exempt persons..

In the generality of cases the officer will be correct to refuse a non national who requires a visa to enter the state, but failed to do so.

In your particular case he was wrong, as regulation 4(5) requires the officer to examine whether you benefit from the free movement provision, notwithstanding the fact that you do not hold the necessary visa.

I am therefore of the view, that this notice given to you, will not withstand Judicial scrutiny.

[cyberhawk]

Exactly. You were required to have a visa (in this case an EUTR visa) and you did not have one. Therefore you were not allowed to enter the country

It's not complicated in the slightest.

What you aren’t understanding from my point of view is that I had no idea my stamp was revoked 4 days ago (as per the letter they gave me)

[cyberhawk]

Strictly speaking the 2004 Act does not apply to people who benefit from the free movement regulations 2015, even if they are non-National who are not visa exempt persons..

In the generality of cases the officer will be correct to refuse a non national who requires a visa to enter the state, but failed to do so.

In your particular case he was wrong, as regulation 4(5) requires the officer to examine whether you benefit from the free movement provision, notwithstanding the fact that you do not hold the necessary visa.

I am therefore of the view, that this notice given to you, will not withstand Judicial scrutiny.

I am sorry but I don’t understand the legal language much. By judicial inquiry, you mean the process that’s under review or something else?

[cyberhawk]

Unfortunately, you are not able to send private messages unless you have made 30 posts.

Hey Obie,

I now have 30 posts and am able to see profiles but I still can’t send a message.

Could you please try and send me a PM so I can provide more details? I really need your opinion in this matter.

Thanks for all the help.

[CR001]

Your PM function has been removed permanently due to your many random posting all over the forum in irrelevant topics for the only purpose of increasing your post count.

It is 30 genuine posts. Any indication you are simply spamming the forum to get PM access (as you have), causes the privilege to be withdrawn permanently.

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