Gardaí cannot prevent marriages of convenience

[zafarzafar80]

http://www.irishtimes.com/newspaper/ire ... 76768.html

A HIGH Court judge has ruled gardaí have no power to prevent non-EU citizens entering into a marriage of convenience here for immigration purposes.

Mr Justice Gerard Hogan said, as the law stands, this State has not asserted any right to prevent the solemnisation of otherwise valid marriages which later turn out to be marriages of convenience.

While it was open to the Oireachtas to introduce such a law, the position now is that any review of a marriage to decide if it is a marriage of convenience may only take place after the fact and not before, he ruled.

While he appreciated his decision may present the authorities with “very considerable difficulties in this problematic areasâ€

[fatty patty]

Fairplay to the judge...smack in the face of the current government. Its about time the political elites start working up proper legislation for the greater good and make it a law.

[Obie]

Thumbs up to the judge. I am 101% in favour of his common sense approach. One could have diminished confidence in the Irish public service and its servants and politicians, but the judiciary, one cannont hold them in anything short of high esteem.

They take the government on more firmly than their British counterpart.

Thanks Zarfarzarfar for this fabulous link.

[scrudu]

It's a joke that we don't already have legislation in place to give GNIB the powers to stop such marriages.

[acme4242]

hope I'm not boring people by repeating my rant.

There is not one piece of Irish Legislation written that makes fraud marriage
a punishable offense

All the draconian Irish Immigration legislation of recent years has been to
remove rights and dignity of all marriages.
Treating genuine family like fraudsters. because they married outside their race, class, or nationality.
A cynical ploy to strip citizens rights, and give DOJ authoritarian discretion
over who marries whom.

It really seems they want to maintain the allegations of fraud
marriages, and the urgent need for wide ranging draconian legislation,
while at no time directly addressing the crime.

John O'Donoghue removing post-nuptial citizenship from Irish families
Micheal McDowell removing the automatic rights of residency
Dermot Ahern removing any doubt that Irish citizens had rights.

self-serving weasels, defrauding the nation.

But getting back to Mr Justice Gerard Hogan judgment,
while we must welcome a judge who defends the small man
against the might and abuse by the authoritarian state machine,
But I fear that the authoritarian state machine will use this as excuse
for wide ranging draconian legislation, like what was purposed in the
2008 Bill.

[walrusgumble]

acme,its got nothing to do with race etc . it relates to people,whoose permission in the state has expired,and is accused of entering into a marriage that is a sham,in order toside step proper procedures.making a joke of the institution of marriage and immigration rules.internet,very short term relationship,absolutely nothing in common, probably barely understand each other.not to mention women of certain regions having arep .mail cough bride point out the legislation and minister's admin decisions as of now is 'draconian'. you'd swear there's persecution re o'donuhue. . divorce in ireland wason the rise,spouses eho never setting foot in ireland automatically getting citizenship without scrutiny,merely changing in light of changing times,blame da dishonest ones.