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NEED ADVICE FOR COURT

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

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GreenApple
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Joined: Tue Jul 24, 2007 9:35 pm

NEED ADVICE FOR COURT

Post by GreenApple » Mon Aug 20, 2007 5:08 pm

HI ALL,


We finally decide not to go for Supreme court but directly to EU Court. We did get responce from Supreme Court. now we need to submit our case into Supreme court.


Will you guys please help us as it will helpp everybody at the end if we willbe successful. We need to know how many people did get resident without reside another eu memebr and why. if somebody have this information please let us know.


we will let you know as think will come..... fingure cross ;)))

archigabe
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Location: Dublin

Post by archigabe » Mon Aug 20, 2007 7:51 pm

I doubt you will get any responses for that question here.I know of some people who had received the full residence cards inspite of not having lived in another E.U country...I don't see how that is possible unless they or their lawyers pulled some strings.I filed a request under the freedom of Information act to find out how many people have recived papers inspite of not having lived in another E.U country.

http://www.oic.gov.ie/en/MakeanFOIReque ... ublicBody/

http://www.oic.gov.ie/en/PrescribedPubl ... 368,en.htm

I suggest you can also send a request for information there as well.
I am not sure you can go to the European court of Justice without exhausting your legal options at the Irish supreme court. But we are all behind you.Please let us know if you want our support in any other way.
Best of Luck!

GreenApple
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Posts: 24
Joined: Tue Jul 24, 2007 9:35 pm

already register with eu court

Post by GreenApple » Tue Aug 21, 2007 7:22 am

we already register with eu court our case and now they asked for full bereif of our case....do you or anybody have any idea how many humen rights ireland is broking right now??

archigabe
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Joined: Thu Jan 26, 2006 9:59 am
Location: Dublin

Post by archigabe » Tue Aug 21, 2007 10:01 am

Greenapple, could you share a little bit about your background please? when did you get denied, on what basis you are appealing,What was the decision in the high court regarding your case, and what was the reason for the decision?
Some people in this forum have observed that people with American passports seem to get a temporary residency even though they haven't lived in another E.U country.

archigabe
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Posts: 1238
Joined: Thu Jan 26, 2006 9:59 am
Location: Dublin

Post by archigabe » Tue Aug 21, 2007 3:38 pm

If anyone wants to request Statistics on Residence Cards issued to E.u/Non E.U couples, send a letter or email with a cheque for 15 Euros requesting information under 'Freedom of Information Act' to

Fiona Giblin,
FOI Unit
Pinebrook House
71 - 74 Harcourt Street
Dublin 2
Telephone: 01 6028408
Fax: 01 6028652
Email: foi@Justice.ie

Please State clearly that you are requesting information under the 'Freedom of Information Act'.The Irish government can't be allowed to violate their own law and apply it only to Non-Americans.

microlab
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Posts: 203
Joined: Thu Apr 12, 2007 2:43 pm

Post by microlab » Tue Aug 21, 2007 5:27 pm

archie wrote:

"The Irish government can't be allowed to violate their own law and apply it only to Non-Americans."

Could you shed some light on this?
I glanced through statistics on this forum and this somehow doesnt need to be the case!

archigabe
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Location: Dublin

Post by archigabe » Tue Aug 21, 2007 9:44 pm

I know it's difficult to believe the Irish government has many incompetent lawmakers who actually believe themselves to be a part of the United States rather than the European Union. This is the observation of some other posters.
http://www.immigrationboards.com/viewto ... ht=#107410

microlab
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Posts: 203
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Post by microlab » Wed Aug 22, 2007 5:56 am

...and could be that people are economical with the truth(I dont blame them).If you know Mr Fixit this (forum)would be the last place you`d shout about it.

egg
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Post by egg » Wed Aug 22, 2007 12:52 pm

archigabe wrote:I know of some people who had received the full residence cards inspite of not having lived in another E.U country...I don't see how that is possible unless they or their lawyers pulled some strings.
Hi archigable,

I received 5 years residency and EUFam4 stamp in July 2007 inspite of not living in any EU states before. let me know if you want to ask me questions? I'll try to help.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Aug 23, 2007 6:40 am

egg wrote:I received 5 years residency and EUFam4 stamp in July 2007 inspite of not living in any EU states before. let me know if you want to ask me questions? I'll try to help.
If you could expand with some details, it might be quite helpful. For instance.... How long have you lived with your partner and where? What special documentation did you submit? What are you and your partner's citizenships? Did you intentionally do anything which you think caused you to immediately get issued the EUFAM4 stamp?

archigabe
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Location: Dublin

Post by archigabe » Thu Aug 23, 2007 11:07 am

Hi Egg,
We have done all that we could to get atleast a temporary permit.We've talked to SOLVIT,complained to E.U commission,Complained to E.U parliament,talked to Immmigrant Council, talked to local T.D,Written letters of Appeal to the Department of Justice, but it doesn't seem to have worked.Please do let us know about what you think you did that helped your case.

egg
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Post by egg » Thu Aug 23, 2007 12:10 pm

Directive/2004/38/EC wrote: For instance.... How long have you lived with your partner and where? What special documentation did you submit? What are you and your partner's citizenships? Did you intentionally do anything which you think caused you to immediately get issued the EUFAM4 stamp?
Hi all,
sorry my reply is late, I answer some of question from previous post;

How long have you lived with your partner and where?
We met in 2001 in Dublin, then got married in 2004 in Dublin

What special documentation did you submit?
VHI contract.
I lived in Australia for 2 years before came back to Ireland 2006, when I got Australian temporary residency visa,
I had to get a criminal record from local police office in dublin, then took chest x-ray in Dublin.
I enclosed those record (not actual document, Australian visa office's receipt only) as support document.
So I think if nonEEA person gets criminal record document from their country's local police office,
it might help process a lot?

What are you and your partner's citizenships?
I'm Japanese, my husband is British

Did you intentionally do anything which you think caused you to immediately get issued the EUFAM4 stamp?
We hired a lawyer, who submitted EU! form for us and enclosed cover letter as well.

Hope my answer give you ideas.

egg
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Post by egg » Thu Aug 23, 2007 12:14 pm

archigabe wrote:but it doesn't seem to have worked.Please do let us know about what you think you did that helped your case.
Hi archigabe,
I just posted some ideas above, hope it help you? I also pm you.
if you can give me certain questions, it makes me easier to answer.

hope you get a good news soon.

GreenApple
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Post by GreenApple » Thu Aug 30, 2007 11:37 am

i am from south asia and ofcourse my wife is from eu. i m in ireland from last seven yrs n my wife is here two yrs. we do have + point as we both r accountant. we did travel together in another eu member stat before our merry. no it should fulllfill the requirment for ireland reside. let see...

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