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

[Mark_ir]

https://beta.courts.ie/view/judgments/f ... 35.pdf/pdf

I think, this is the link for the case, I check it, it is working, discuss with your solicitor, I am not expert in law, that is my opinion, may be right, may be wrong.

I have asked to my solicitor already, Soon i get her opinion will post it here

[azee81]

i donot have any stamp till now. stamp revoked in 2017. I am illegal in state, with few letter. I think in September 2018, they cancel my deportation order, i think because chenchooliah case is started at that time. It that time I donot know about this case. then, october 2019, i get this letter. they put my case with chencoliah case, it that time i know about it. I talk to solicitor again, he wrote a letter monday, no response yet.
I think once Judicial review judgement comes, it is full and final. i think you can not change it. INIS might discuss it, but cannot change it.
I donot know about the time frame INIS will take.

arz did you apply for leave to remain after revocation of your eufam stamp4 or you apply for review in eu treaty rights department because when my stamp was revoked in 2016 i applied for leave to remain and in feburuaru 2019 they send letter saying removal order will not make against me and immigration officer will contact me in coming week regarding my longer term position in the state but its bee almost 10 months no contact has bee made yet despite number of remainders.

[arz1986]

arz did you apply for leave to remain after revocation of your eufam stamp4 or you apply for review in eu treaty rights department because when my stamp was revoked in 2016 i applied for leave to remain and in feburuaru 2019 they send letter saying removal order will not make against me and immigration officer will contact me in coming week regarding my longer term position in the state but its bee almost 10 months no contact has bee made yet despite number of remainders.
[/quote]

i do nothing, actually my case go repatriation unit/removal unit. Yes, true, I get the same wording letter i think 16-18 months ago, they send letter saying removal order will not make against me and INIS will contact me in coming week regarding my longer term position in the state. i never apply for leave to remain. After 13-14 months you will get one more letter, stating that your case is attach to chenchooliah case, the direct provision of cheencoliah case, will be applied to you once it is finalised by irish high court. you will receive in after 3-4 months.

[azee81]

thanks arz. did you get that latter saying your case will be attached to chencooliah judgement.
if so what do you think what permission we r going to get same stamp 4 eufam or simple stamp4.

[arz1986]

I donot receive any letter of GNIB card till now. I donot know what permission they will issue. If they issue GNIB permission. i will update. every solicitor tell different story.

[arz1986]

thanks arz. did you get that latter saying your case will be attached to chencooliah judgement.
if so what do you think what permission we r going to get same stamp 4 eufam or simple stamp4.

Yes. i receive the letter stating that my case is attached to chencooliah case. If INIS think your case come under the provision of chencooliah, they will inform u.
if your EU citizen, is here, relationship is genuine, INIS will consider u.

[azee81]

but what if eu citizen is not here because my eu citizen departed 4 years ago and never came back after that what would happen then any idea?

[arz1986]

I am in longford, many people get this letter. In ECJ, INIS barristers are there. no one know what exact happened there.
I think, they will give same stamp, what chenchooliah case will get.
usually, repatriation unit give 3 year stamp.

[azee81]

arz what you have done when first time they send you deportation order, because when they send me letter saying that minister has intention to deport you i write to repatriation department about my circumstances and request them to alloww me to live here because i am living here for 12 years before on student permission .

[Obie]

There is no guarantee that INIS will issue anything.

The only thing is, they will not issue a deportation order with a ban.

[azee81]

but they have to ultimately issue something because they cant urge people to live here illegal

[azee81]

I am in longford, many people get this letter. In ECJ, INIS barristers are there. no one know what exact happened there.
I think, they will give same stamp, what chenchooliah case will get.
usually, repatriation unit give 3 year stamp.

but what if eu citizen is not here because my eu citizen departed 4 years ago and never came back after that what would happen then any idea?

[arz1986]

I am in longford, many people get this letter. In ECJ, INIS barristers are there. no one know what exact happened there.
I think, they will give same stamp, what chenchooliah case will get.
usually, repatriation unit give 3 year stamp.

but what if eu citizen is not here because my eu citizen departed 4 years ago and never came back after that what would happen then any idea?

I think, obie is right, INIS will not issue deportation order with a ban on entry but they will not issue any residence card or stamp. In my case as well. Within few months things will be clear

[azee81]

what if they consider the prospect of marriage of convenience while making decisions and on that basis they aging send deportation orders if one could not proof thein marriage was genuine

[azee81]

I am in longford, many people get this letter. In ECJ, INIS barristers are there. no one know what exact happened there.
I think, they will give same stamp, what chenchooliah case will get.
usually, repatriation unit give 3 year stamp.

but what if eu citizen is not here because my eu citizen departed 4 years ago and never came back after that what would happen then any idea?

I think, obie is right, INIS will not issue deportation order with a ban on entry but they will not issue any residence card or stamp. In my case as well. Within few months things will be clear

what if they consider the prospect of marriage of convenience while making decisions and on that basis they again send deportation orders if one could not proof their marriage was genuine

[griffith]

Any update on this?
Has someone recently received any response from the retention unit ??

[azee81]

not yet still waiting

[arz1986]

no response yet. still waiting. repatriation unit case. i write letter on last week.

[azee81]

a solicitor told me that they might take 5 to 6 months to come up with something may be more

[arz1986]

Different solicitor will give you different time frame. I think no one know it for sure, what is the outcome.

[arz1986]

asked Joan Collins TD to put in a parliamentary question about the status of cases affected by the Chenchooliah decision.

This is the reply: "In relation to cases impacted by the ruling of the European Court of Justice (ECJ) in the Chenchooliah case, my Department is currently working to develop the new processes necessitated by the ruling.

As soon as those processes have been finalised, officials from my Department will be in written contact with the people whose immigration cases are impacted by that ruling vis a vis their position in the State."

https://www.oireachtas.ie/en/debates/qu ... nswers-261

[azee81]

they give these statements on regular basis .but we dont have choice other than to just wait and see when they come up with something .

[Mark_ir]

no response yet. still waiting. repatriation unit case. i write letter on last week.

Any update from repatriation unit relating to your case yet?

[Soft2019]

Hi guys. I am looking guidance from you. My situation is like that. I was in unmarried relationship with EU partner more that 4 years and have a baby together. My stamp 4 eufam is 3 years more. Now my eu partner left ireland. She is with anither relationship. What I can do for remain in ireland??? Any chance

[CR001]

Hi guys. I am looking guidance from you. My situation is like that. I was in unmarried relationship with EU partner more that 4 years and have a baby together. My stamp 4 eufam is 3 years more. Now my eu partner left ireland. She is with anither relationship. What I can do for remain in ireland??? Any chance

This topic is not relevant to your circumstances.

Please continue in your existing thread you already have and where you have already had responses.

ireland/stamp-4-eufam-revoke-t292156.html#p1849302