visa refusal "spouse of EU national" - dual citizenship

[Solid23]

My Indonesian wife had been waiting for a spouse of EU citizen visa for over a year. We got the decision a couple of days ago. It's been refused because I hold Irish nationality (through naturalisation since 2016). I'm a Pole and I've spent most of my life in Poland, but they claim that Ireland is my center of life and I've spent a significant amount of time there (I've been in Ireland since 2006, but just got the citizenship in 2016). We also got married in Poland and have a Polish marriage cert if that matters. My wife obtained a Polish temporary residence card (for 2 years) some time ago and she stays there with my parents since she can't join me in Ireland without the entry visa. Before applying for the visa, I asked Your Europa Advice for a guidance because having dual nationality while applying for the spouse of EU citizen visa looked questionable to me. They replied that it is in fact arguable, but my wife can apply for this type of visa. After the refusal, I contacted them again and they replied that I should appeal and they've redirected the case to SOLVIT. I've read about the McCarthy case and I, unlike her, have exercised the freedom of movement right since 2006. Has anyone had a similar problem? Is it worth appealing? We don't want to wait in separation for another 6 months (probably much more knowing how INIS works) for A Join Family visa.
Thank you in advance.

[mgb]

Take a look at C-165/16 Lounes.
http://curia.europa.eu/juris/celex.jsf? ... TXT&ancre=

[reynaldogr]

My Indonesian wife had been waiting for a spouse of EU citizen visa for over a year. We got the decision a couple of days ago. It's been refused because I hold Irish nationality (through naturalisation since 2016). I'm a Pole and I've spent most of my life in Poland, but they claim that Ireland is my center of life and I've spent a significant amount of time there (I've been in Ireland since 2006, but just got the citizenship in 2016). We also got married in Poland and have a Polish marriage cert if that matters. My wife obtained a Polish temporary residence card (for 2 years) some time ago and she stays there with my parents since she can't join me in Ireland without the entry visa. Before applying for the visa, I asked Your Europa Advice for a guidance because having dual nationality while applying for the spouse of EU citizen visa looked questionable to me. They replied that it is in fact arguable, but my wife can apply for this type of visa. After the refusal, I contacted them again and they replied that I should appeal and they've redirected the case to SOLVIT. I've read about the McCarthy case and I, unlike her, have exercised the freedom of movement right since 2006. Has anyone had a similar problem? Is it worth appealing? We don't want to wait in separation for another 6 months (probably much more knowing how INIS works) for A Join Family visa.
Thank you in advance.

hi solid23

please refer to the following case

eea-route-applications/do-dual-eu-uk-ci ... 2-180.html

have a good read through it. Welcome to this hell!

[Solid23]

Thank you for your replies. It seems that appealing might be pointless, but I'll wait for SOLVIT's opinion. It's really awkward. I never really needed Irish nationality, applied for no particular reason (just in case). So far no benefits from it, just problems.
The third-country national is however eligible for a derived right of residence under Article 21(1) TFEU, on conditions which must not be stricter than those provided for by Directive 2004/38 for the grant of such a right to a third-country national who is a family member of a Union citizen who has exercised his right of freedom of movement by settling in a Member State other than the Member State of which he is a national.
So how does that work? INIS suggested to apply for a Family Reunification visa, which is way stricter than Spouse of EU citizen visa.

[mgb]

How do you come to the idea a appeal is pointless?
A family member in such a situation is eligible to derived rights due to article 21(1) TFEU which cannot be less favorable than the rights from the directive 2004/38.
With other words the directive is fully applicable.

[Solid23]

Sorry mgb, it's really confusing to me. Now it's a bit clearer, but I guess I better leave it with SOLVIT for now. Thank you.