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

[Granista]

Because a person resides in one country does not mean they cannot reside in another.

The question is whether she was residing in Ireland at all.

Well it does of course. If you lie full time in Poland you don't live in Ireland.

Irish authorities have to take the word of the Polish authorities above the applicant. If they say she lived in Poland for the relevant years, they have to believe she lived in Poland.
OP needs to challenge the Polish authorities on their info, not the DoJ

[Obie]

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.

[finalversion_2k]

@Obie is actuall problem is we even don't know what polish authorities said.

Yesterday we wrote initial draft of our response, where we request them to provide us the polish embassy email, also all other points.. solicitor was going Hard on them and then I remind her that we need temp stamp so don't forget this, she said that's the problem if we go hard on them then can create issue in temp stamp.. so now we are somewhere in middle, still not clear..

[azee81]

Hi azee I met solicitor last week about my case and he give me some hope and he said the department is doing reform in this case because they have to make some legislation they are working on it due to Christmas holidays office was close so hopefully next few weeks department will announce that and also he said to me that chinchoolia case is also won by applicant in Irish court of Justice hopefully will be good news,, due to web t&c cant disclose solicitor name and firm ,,,

thanx unknown, did your solicitor said what permission she has got,

[Unknown person]

Didn't get any permission before i had stamp 4 eufam ,,but he hopes department is working on it and will announce in few weeks what status ll they give not sure but have hope for good ,,,

[FAw02]

My case is same like chenchooliah,it was in high court, there has been settlement, my deportation letter has been revoked,but justice has sent a removal letter to my solicitors. I win my case but justice say they can use a reomoval letter on me, even they will give me my money i spent on my case. My sollicitors now say that ,they will contact justice for another same application base on me like before, i have until 27 of january, my case is identical like chenchooliah.

[azee81]

what was your case based on, and did they sent you section 3 letter or just removal order?

[Mark_ir]

My case is same like chenchooliah,it was in high court, there has been settlement, my deportation letter has been revoked,but justice has sent a removal letter to my solicitors. I win my case but justice say they can use a reomoval letter on me, even they will give me my money i spent on my case. My sollicitors now say that ,they will contact justice for another same application base on me like before, i have until 27 of january, my case is identical like chenchooliah.

Sorry, Not to clear as you said you have received removal order then what application you are going to submit basis on you?? Can you please clear...

[FAw02]

Now my solicitor has told i have to make an application that is base on me . I was thinking i win my case as my solicitor say to me. They even sent me a mail i won my case. Today i was shocked they told me i win for deportation, but justice can use removal on me. Justice is even giving me my money i spent on high court

[azee81]

are you going to make section 3 application if so what was your application based on before

[FAw02]

My application is based same as chenchooliah as on my own, now i have to apply section 3 as 'i am in ireland for 13years,some .of my friends has advice me find another good solicitor, as justice cant remove as i have never involve in any crimes .or public law and order

[FAw02]

Anyone here has got same things like me

[azee81]

if your case is same as chenchooliah then she will get the same response and so on the others who fall in this category .

[FAw02]

My case is a photocopy of chenchooliah case. Has anybody apply their case base on themselves

[Obie]

My case is same like chenchooliah,it was in high court, there has been settlement, my deportation letter has been revoked,but justice has sent a removal letter to my solicitors. I win my case but justice say they can use a reomoval letter on me, even they will give me my money i spent on my case. My sollicitors now say that ,they will contact justice for another same application base on me like before, i have until 27 of january, my case is identical like chenchooliah.

I have always suggested that this was how the minister was going to resolve those cases.
Chenchooliah only provides that the minister must not deport people who benefits but should rather removed them without a ban on entry.

[griffith]

Such a shame that the minister is treating the retention applications so unfairly.
Just looking for a reason to reject the application and the only excuse what they have is " this marriage is a marriage of convenience "
Citizenship department has also become a nightmare!!!
I am absolutely convinced that with this immigration system one must fight for their right.

Moreover colorful solicitors are charging thousands from those applicants. ( it has become a very good business for them)
I hope that the immigration system improves after these general elections.

[Obie]

I felt things were very bad for migrant under Fina Feal. But people hold differing views.

[azee81]

what happen to the actual applicant of this case did she get the removal order as well.


and whats the procedure of removal do they goive you any review option.

[arz1986]

Faw002
Sorry to hear that,
I have the INIS letter, stated that, the removal order have not issue against me, The INIS will contact us in coming week, for longer term status in the state. Dated September 2018.
IN october 2019, they send me letter my case in attach to chenchooliah case. No deportation or removal order receive till now.
Can, INIS change the mind now, they are going to send me removal order now.
Can, I go to court, against it, they are sending confusing letters and wasting the time.

[azee81]

Faw002
Sorry to hear that,
I have the INIS letter, stated that, the removal order have not issue against me, The INIS will contact us in coming week, for longer term status in the state. Dated September 2018.
IN october 2019, they send me letter my case in attach to chenchooliah case. No deportation or removal order receive till now.
Can, INIS change the mind now, they are going to send me removal order now.
Can, I go to court, against it, they are sending confusing letters and wasting the time.

arz1986 i had got the same wording letter back in jan 2019 but havent heard anything back from them since
they didnt say that my case was impacted by chenchooliah judgement.
i dont know what they gonna say next .

[arz1986]

@ azee81,
I think if they can change their mind, after write the letter. Then, it is a JOKE. I think, they will treat everyone in same manner. they will send removal order.
Can removal order be challenged and the time line to challenge it in court.
I live in Longford.

[FAw02]

This is the problem within justice,i have 15days to appeal and apply again on my behalf which i have already done before

[griffith]

And have you appealed or reapplied ??

[FAw02]

I have to reapply same things again, and even appeal, dont know what next from justice,

[azee81]

@fawd how long all this process took is high court prceding taking long time?