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Derry woman won appeal against Dual national RC refusal

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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

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Obie
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Location: UK/Ireland
Ireland

Derry woman won appeal against Dual national RC refusal

Post by Obie » Wed Nov 15, 2017 12:43 pm

A Northern Irish woman has won at the FTT against the Home Office refusal of Residence Card to her American Husband.

The woman argued that the Home Office was forcing her to revoke a citizenship she had never identified with, and which the Good Friday agreement gave her the right to reject.

She successfully argued that the Home Office view that she should denounce her British Citizenship, will amount to an acceptance that she is a British Citizen, something she had never identified with.

The FTT in Belfast agreed to that. Her Residence Card appeal was successful.

I believe she was right. The Home Office are totally ignorant about the good Friday agreement and its wide implication. I have on many occasion expressed that view on the forum, but now i am happy that it is resonating with FTT Judges.

Remains to be seen if Home Office will appeal.

If they are sensible enough they will not.

https://www.irishtimes.com/news/social- ... -1.3288670
Smooth seas do not make skilful sailors

el patron
Member of Standing
Posts: 335
Joined: Fri Aug 10, 2012 3:06 pm
Location: Northern Ireland

Re: Derry woman won appeal against Dual national RC refusal

Post by el patron » Mon Nov 27, 2017 8:18 pm

Hi Obie,

The Home Office did indeed lodge application for permission to appeal.

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

Re: Derry woman won appeal against Dual national RC refusal

Post by Obie » Mon Nov 27, 2017 11:16 pm

Really, I bloody well hope they get rejected.

It is just absurd to force that Irish woman to renounce something she had never accepted in the first place.

In my opinion Home Office are showing lack of understanding or a complete disregard to Good Friday agreement.

You cannot in good conscience say loyalist communities can choose and identify themselves with their British Identity and then deny nationalist equal rights also.

I understand the 1981 act causes issue, but the special status of Northern Ireland must be taken into account, and also UK's international obligation as a co-guarantor to the Good Friday agreement.

I think it is humiliating to tell nationalist in Ulster to revoke British citizenship, something they obviously detest for understandable reasons.
Smooth seas do not make skilful sailors

el patron
Member of Standing
Posts: 335
Joined: Fri Aug 10, 2012 3:06 pm
Location: Northern Ireland

Re: Derry woman won appeal against Dual national RC refusal

Post by el patron » Wed Dec 06, 2017 6:58 pm

Massive topic Obie you have raised, maybe best to leave it for a chat over a coffee sometime?

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

Re: Derry woman won appeal against Dual national RC refusal

Post by Obie » Wed Dec 06, 2017 11:33 pm

el patron wrote:
Wed Dec 06, 2017 6:58 pm
Massive topic Obie you have raised, maybe best to leave it for a chat over a coffee sometime?
It will be my pleasure El patron. Will be honoured.

One can only hope that a decent Upper Tribunal Judge will adjudicate the matter with a bit of common sense, if it reaches the UT.

I saw this firebrand woman, Forsters on TV the other day talking about her Britishness and how she will not have a border on the Irish sea. That she prefers a hard Brexit with the free state instead.

If she is entitled to express such views, so should the Derry woman
Smooth seas do not make skilful sailors

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Derry woman won appeal against Dual national RC refusal

Post by Wanderer » Thu Dec 07, 2017 2:59 pm

Alene Foster is a relative voice of reason compared with the nut jobs we've had to deal with on both sides of the border/political fence in Ireland, from Dr. Ian Paisley to Gerry Adams, to Johnny 'Mad Dog' Adair to Martin McGuinness.

Londonderry was just about the most god-awful place I've even been (was in the 70's), saw some terrible things, things that will haunt me for the rest of life. I've never been since but I hear it's very pleasant now, must pop up from Dubs sometime...
An chéad stad eile Stáisiún Uí Chonghaile....

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