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

[Biyilade124]

A friend was asked to submit some documents including evidence that she worked in the state such as payslip, tax returns. Please is it advisable to submit evidence that you are working when your visa has been revoked? Hope they are not going to use it against her?

[azee81]

was she informed before hand that her case was impacted by chenchooliah judgement if so then i think its just a formality

[Biyilade124]

Yes, she was informed that her case was imparted by chenchooliah

[arz1986]

INIS asking for her partner job documents, to check after divorce is he in the state or not.

[azee81]

why dont they ask for divorce papers straight

[Mark_ir]

INIS asking for her partner job documents, to check after divorce is he in the state or not.

Why INIS is asking to get her partner job details?
In chenchooliah case her spouse left Ireland and her case mostly wanted to Clear about non-eu national right IF Eu-spouse left in this state.
So INIS shouldn't have asked about Eu-Spouse job or activity details in this state.

[griffith]

Unfortunately no update yet!

Not sure.
Decisions maybe delayed because of this.

Code: Select all

   https://www.google.ie/amp/s/www.irishtimes.com/news/crime-and-law/courts/supreme-court/marriage-of-convenience-finding-does-not-make-marriage-a-legal-nullity-court-rules-1.4314801%3fmode=amp   

[griffith]

This case does not refer to Chenchooliah, but does include baseless allegations by the minister.

Marriage of convenience does not nullify a marriage.
Previously the court erred in concluding the findings that no rights arose as a result of a sham marriage.

Conclusion by the supreme court does not include if there are any rights or powers left after establishing a marriage of convenience ??? or maybe it does.
Moderators would know better.

https://www.irishtimes.com/news/crime-a ... -1.4314801

[Johni]

Any update please

[azee81]

the way department is working we cantt see any progress untill mid next year

[azee81]

any updates guys?

[Obie]

This case does not refer to Chenchooliah, but does include baseless allegations by the minister.

Marriage of convenience does not nullify a marriage.
Previously the court erred in concluding the findings that no rights arose as a result of a sham marriage.

Conclusion by the supreme court does not include if there are any rights or powers left after establishing a marriage of convenience ??? or maybe it does.
Moderators would know better.

https://www.irishtimes.com/news/crime-a ... -1.4314801

This case helps to some extent.

Now the position before was this, the minister took the view that a finding of marriage of convenience has the effect of nullifying a marriage, such that it was never valid and can never be relied upon in immigration application or human right claim or in case of deportation.

The Supreme court rejected that.

The finding of the minister can be taken into account in subsequent consideration, but it cannot have the effect of nullifying a marriage.

So imagine a person was accused of marriage of convenience, and later the couple give birth to a child, and one parent is facing deportation as a result of that previous finding.

It will be absurd if the previous finding of the minister is permitted to stand, such that the new evidence that came to light is rejected.

That is what the court said. So even though previous finding can be taken into account, it cannot be determinitive, nor can it have the effect of nullifying a properly contracted marriage.

[azee81]

i send them a letter through my solicitor for update .in reply they said your case could be finalised before or at 27th november .also they said they can sought more documents idont know what documents they want i already gave them what ever i had.

[dubnew]

i send them a letter through my solicitor for update .in reply they said your case could be finalised before or at 27th november .also they said they can sought more documents idont know what documents they want i already gave them what ever i had.

Hi azee81,

Could you please mention the date your solicitor sent letter and the date you received reply from the department because my solicitor sent letter two months ago but no acknowledgement so far.

Thanks!

[Mark_ir]

i send them a letter through my solicitor for update .in reply they said your case could be finalised before or at 27th november .also they said they can sought more documents idont know what documents they want i already gave them what ever i had.

One of my friend received same kind of letter from Department but they mentioned 30th October Instead.Also they said they might ask for more docs for finalising his case by this time.

[azee81]

that means they will deal with each case on its merits

[Mark_ir]

that means they will deal with each case on its merits

They are making everyone confused. As they are going to make your case and my friend case decision on basis of chenchooliah but on deferent date. If Department can finalize chenchooliah judgement by October why there have two different date(your one NOVEMBER).

[azee81]

i dont know what procedure they are following when it comes to make decision .because if they give stamp4 to all the people who are impacted by the judgement most of them then already completed there 5 years on stamp 4eufam so they can subsequently apply for citizenship straight away .

[Mark_ir]

i dont know what procedure they are following when it comes to make decision .because if they give stamp4 to all the people who are impacted by the judgement most of them then already completed there 5 years on stamp 4eufam so they can subsequently apply for citizenship straight away .

Chenchooliah case only impact for those only who’s wife's were her for couple of year then left.Department will not count(revoke) after that time.So person cannot apply citizenship straight away.They have full fill 5 years again after their deduction.its only my view but this could be different.

[arz1986]

Guys u are lucky. I got this response from INIS today.
We will examine your file and revert with a more detailed response in the coming weeks.
I donot know they ask more documents or how long will they mean for coming weeks.

[azee81]

thats good sign atleast they are coming back with some sort of response but things are still unclear we dont know what procedure they are going to follow to grant permission to impacted cases.

[azee81]

i have got letter from department they ask me to send 5 years emplyment and residence history lets see where things goes after that

[Mark_ir]

i have got letter from department they ask me to send 5 years emplyment and residence history lets see where things goes after that

Strange!!! Did they ask your employment history?

[griffith]

i have got letter from department they ask me to send 5 years emplyment and residence history lets see where things goes after that

Your employment history or your spouses???

[azee81]

they only ask for my details no detail of spouse.