Deportation axe hanging over niece

[Latintraveller]

My wife,stepson and I have lived in Ireland since 2013 under EU treaty rights. We have settled here, work and have an Irish daughter.

In 2016 our niece moved to join us. We applied for her under the directive as prescribed after she came for a holiday and decided to stay. Our Niece didn't receive a temporary stamp four although we insisted that one must be given. In fact we didn't hear from INIS for quite a long time. In early 2018 we contacted INIS asking about the status of her application and it turned out that although we had informed them that we had moved house a letter had been sent six months earlier to our former residence turning down her application under EU treaty rights. Since they had not heard from us another letter was issued intending to deport her (the three options letter). INIS admitted the error and allowed us to make representation against her being turned down under EU treaty rights.

This letter stated that her application was not valid as we didn't demonstrate that she is a dependent on us or was part of our household (the reason was that the remittance went to the Mother rather than our niece). The argument made by INIS was flimsy and I wrote back (EU4) and stated case law such as May Reyes v. Migrationsverket and Lebon and Jia. Shortly later we received another letter saying that the application failed (lots of other reasons were given such as reference numbers on birth certificates not matching etc) and that her case would be turned over to the Repatriation department.

The letter from the Repatriation department gave three option - leave voluntarily, be deported or complete the form explaining why she should stay under Humanitarian grounds. We thus completed the form which was subsequently turned down. Therefore our niece (who is now studying in Ireland - Junior Cert) has until the end of the month to leave. We fully intend to do things legally, even with a heavy heart.

My understanding is that although the department erred considerably under EU treaty rights she has little scope for revocation or postponement of the deportation. She could go to the High Court but this is extremely expensive and usually one only succeeds in extreme cases. My wife feels that we should visit a solicitor and discuss our options. Although I feel it is a waste of €300 I am happy to go along with her opinion.

Please tell me if there is a way of getting the deportation revoked or postponed. Also what kind of money does this involve? Is there a chance of success and would involving a solicitor in your opinion be a waste of money.

Thank you.

[max307]

My wife,stepson and I have lived in Ireland since 2013 under EU treaty rights. We have settled here, work and have an Irish daughter.

In 2016 our niece moved to join us. We applied for her under the directive as prescribed after she came for a holiday and decided to stay. Our Niece didn't receive a temporary stamp four although we insisted that one must be given. In fact we didn't hear from INIS for quite a long time. In early 2018 we contacted INIS asking about the status of her application and it turned out that although we had informed them that we had moved house a letter had been sent six months earlier to our former residence turning down her application under EU treaty rights. Since they had not heard from us another letter was issued intending to deport her (the three options letter). INIS admitted the error and allowed us to make representation against her being turned down under EU treaty rights.

This letter stated that her application was not valid as we didn't demonstrate that she is a dependent on us or was part of our household (the reason was that the remittance went to the Mother rather than our niece). The argument made by INIS was flimsy and I wrote back (EU4) and stated case law such as May Reyes v. Migrationsverket and Lebon and Jia. Shortly later we received another letter saying that the application failed (lots of other reasons were given such as reference numbers on birth certificates not matching etc) and that her case would be turned over to the Repatriation department.

The letter from the Repatriation department gave three option - leave voluntarily, be deported or complete the form explaining why she should stay under Humanitarian grounds. We thus completed the form which was subsequently turned down. Therefore our niece (who is now studying in Ireland - Junior Cert) has until the end of the month to leave. We fully intend to do things legally, even with a heavy heart.

My understanding is that although the department erred considerably under EU treaty rights she has little scope for revocation or postponement of the deportation. She could go to the High Court but this is extremely expensive and usually one only succeeds in extreme cases. My wife feels that we should visit a solicitor and discuss our options. Although I feel it is a waste of €300 I am happy to go along with her opinion.

Please tell me if there is a way of getting the deportation revoked or postponed. Also what kind of money does this involve? Is there a chance of success and would involving a solicitor in your opinion be a waste of money.

Thank you.

I don't want to be pessimistic but the chances you can win this one are very very low. Even between close family members (son to mother/father, sibling to sibling, etc.) dependency is very hard to prove, most applications are rejected and family members are asked to leave the country with deportation orders issued.

These cases can go forever and if you win and she's eventually allowed to stay in Ireland the legal fees will be astronomical, we are talking thousands of euros here.

I wish you all the best and please keep us updated because would be good to share your experience with other forum members that are going through similar cases.