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Notice of revocation of EU fam visa

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

shikari
Newly Registered
Posts: 10
Joined: Wed Apr 13, 2016 7:08 pm

Re: Notice of revocation of EU fam visa

Post by shikari » Wed Feb 21, 2018 11:14 am

kupuser wrote:
Tue Sep 12, 2017 3:43 pm
Alixlboy wrote:
Wed Jun 28, 2017 1:03 am
What's the latest update on your case? Has it got resolved?
Not resolved. They even refused it during review. They had wrong information and my solicitor had communicated their mistakes with evidence but they kept the same decision (using factually incorrect information) while admitting that the documents provided to them by me created a legal challenge to their decision to revoke my permission but they are not satisfied with it. I am applying for a judicial review.
Hi kupuser
Any update of your case.
Thanks

Zizi1
Newly Registered
Posts: 24
Joined: Mon Aug 21, 2017 11:03 pm

Re: Notice of revocation of EU fam visa

Post by Zizi1 » Fri Nov 16, 2018 9:32 pm

Hello kupuser, any update?

Kenya021
Newly Registered
Posts: 7
Joined: Wed Dec 05, 2018 6:08 pm
Ireland

Re: Notice of revocation of EU fam visa

Post by Kenya021 » Mon Dec 10, 2018 3:16 pm

Any updates from Inis?I have a same problem now he doesn't work much I got letter and he left the state 6 months for work in UK

kupuser
Member
Posts: 155
Joined: Tue May 09, 2017 9:21 am
Ireland

Re: Notice of revocation of EU fam visa

Post by kupuser » Thu Jun 13, 2019 10:18 am

shikari wrote:
Wed Feb 21, 2018 11:14 am
kupuser wrote:
Tue Sep 12, 2017 3:43 pm
Alixlboy wrote:
Wed Jun 28, 2017 1:03 am
What's the latest update on your case? Has it got resolved?
Not resolved. They even refused it during review. They had wrong information and my solicitor had communicated their mistakes with evidence but they kept the same decision (using factually incorrect information) while admitting that the documents provided to them by me created a legal challenge to their decision to revoke my permission but they are not satisfied with it. I am applying for a judicial review.
Hi kupuser
Any update of your case.
Thanks
Hi,
After months and months of waiting, gathering info. Solicitor advised although I have more evidence to support my case (compared to Dept. Justice) in court, I should not challenge as he believes the current judge will throw out the case. He said it would be a waste of time so currently I am in section 3 application. No other option.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Notice of revocation of EU fam visa

Post by Obie » Thu Jun 13, 2019 2:13 pm

Shame the lawyer gave up so easily.

Did you seek second opinion.
Smooth seas do not make skilful sailors

kupuser
Member
Posts: 155
Joined: Tue May 09, 2017 9:21 am
Ireland

Re: Notice of revocation of EU fam visa

Post by kupuser » Thu Jun 13, 2019 4:51 pm

Obie wrote:
Thu Jun 13, 2019 2:13 pm
Shame the lawyer gave up so easily.

Did you seek second opinion.
I met 4 solicitors in total. 3 out of 4 said don't go for judicial review as even if the case gets accepted Mr. Justice Humphreys will more than likely decide in department's favour. One of them said "As soon as he reads allegations of marriage of convenience, you might as well walk out of the court room."
Another one said "If you had come to me with these documents few years ago I would have told you it's a slam dunk but the new justice has totally changed the way these cases are decided now." He told me I'd not only lose but would have to pay the legal fees for the Department's side.
The only one who advised me to go for the judicial review was partly responsible for the negative decision I received from EUTR application (due to carelessness) so my trust regarding her had already dwindled.
My current solicitor consulted the counsel and then decided it is not worth the risk (due to low probability of winning and high chance of ending up paying costs) and instead forwarded a response (with evidence) to EUTR's erroneous decision to both EUTR and Repatriation department with the section 3 submissions.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Notice of revocation of EU fam visa

Post by Obie » Thu Jun 13, 2019 5:26 pm

Well I guess they know the details more than I do.

If the circumstances is as you say, I found it most troubling that they said there is no merits, giving the fact that the effect of this will stay with you into the future.

But I do wish you the best for the future.
Smooth seas do not make skilful sailors

kupuser
Member
Posts: 155
Joined: Tue May 09, 2017 9:21 am
Ireland

Re: Notice of revocation of EU fam visa

Post by kupuser » Thu Jun 13, 2019 5:48 pm

Obie wrote:
Thu Jun 13, 2019 5:26 pm
Well I guess they know the details more than I do.

If the circumstances is as you say, I found it most troubling that they said there is no merits, giving the fact that the effect of this will stay with you into the future.

But I do wish you the best for the future.
Thanks.

One of them told me she attended a case of one couple (EU wife) who had stayed together and had a child and had everything going for them yet they lost the case (JR of deportation of husband).

The only thing potentially going for me in section 3 now is the duration of my stay in Ireland on student visa (7 years 2006-2013) and completing my education with Irish and global position + qualifying as highly skilled plus references from community groups, friends, professional bodies (published work), charities and dozens of highly paid job offers (60k plus).

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Notice of revocation of EU fam visa

Post by Obie » Thu Jun 13, 2019 6:05 pm

You are right, but an allegation of marriage of convenience is unhelpful and does not reflect positively on your character, given the nature of the allegation and the erroneous nature of the evidence relied upon,which has not been successfully challenged.

If correct, they are alleging you have defrauded the state for a long time and that does not reflect well on section 3.

However I hope someone may see sense and acts rationally. Best wishes.
Smooth seas do not make skilful sailors

kupuser
Member
Posts: 155
Joined: Tue May 09, 2017 9:21 am
Ireland

Re: Notice of revocation of EU fam visa

Post by kupuser » Fri Jun 14, 2019 9:40 am

Obie wrote:
Thu Jun 13, 2019 6:05 pm
You are right, but an allegation of marriage of convenience is unhelpful and does not reflect positively on your character, given the nature of the allegation and the erroneous nature of the evidence relied upon,which has not been successfully challenged.

If correct, they are alleging you have defrauded the state for a long time and that does not reflect well on section 3.

However I hope someone may see sense and acts rationally. Best wishes.
Thanks!

That is exactly my fear re:my application. I'm meeting a barrister to discuss how to tackle this issue. This barrister's client received stamp 1 permission last year (from Section 3 application). This person was stopped at Dublin Airport and was later shown an affidavit of his "wife" saying she had married him for cash and had never met him more than twice in life. So a pretty bad case but somehow he was allowed to stay on and work after his permission was revoked and he applied section 3.

Another problem with section 3 is... it could take 4 years or more for an uncertain outcome.

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