Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

[niccim]

Any updates?

It's going to be on his solicitor's page- solicitors facebook page link removed by moderator They said they're going to update ASAP. Someone earlier linked to one of the court correspondent's Twitter too but can't remember her name

Oh right, forgot this isn't a place for sharing information. Search it yourself. Look forward to having no use for this 90s site.

[CR001]

Any updates?

It's going to be on his solicitor's page- solicitors facebook page link removed by moderator They said they're going to update ASAP. Someone earlier linked to one of the court correspondent's Twitter too but can't remember her name

Oh right, forgot this isn't a place for sharing information. Search it yourself. Look forward to having no use for this 90s site.

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[markem]

I'd expect news on the ruling will come out quickly. I follow the Immigrant Council of Ireland a few reporters on twitter - won't post links, but it's not rocket surgery to find them.

Immigrant Council has said:

We'll be at the #CourtOfAppeal today to hear the judgment on requirement for #ContinuousResidence a yr prior to citizenship application.We're hoping this will be used as an opportunity to focus on 'residence' & move away from focus on days out of the state.

[niccim]

Any updates?

It's going to be on his solicitor's page- solicitors facebook page link removed by moderator They said they're going to update ASAP. Someone earlier linked to one of the court correspondent's Twitter too but can't remember her name

Oh right, forgot this isn't a place for sharing information. Search it yourself. Look forward to having no use for this 90s site.

announcements/terms-conditions-t3.html#p4

This discussion board must not be used for advertising, to complain, or to insult other people in any way. The discussion is limited to immigration, visa and work permit related issues for a number of different Countries around the World. If the discussion board is abused in any way, we may track your IP address, and report you to your local internet service provider. We also reserve the right to take further action as appropriate.

This discussion forum is provided as a free service for visitors to our web-site. Any postings submitted to this forum can be accessed by anyone who visits our site. It should be stressed that workpermit.com does not control the postings on the message board and cannot be held accountable for the accuracy or otherwise of any messages posted.

Advice given by our consultants, lawyers, moderators and users on the message board can only be considered as general advice, and should not be relied on for any particular course of action. workpermit.com accepts no liability whatsoever for any messages posted on the message board.

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I am not even trying to be obstinate, but are you saying a link to a news feed is a violation of number two? No one on this discussion has promoted the use of services of any particular solicitor. It is simply a fact that a paid solicitor is representing this case and is likely to be the first to announce this news. If you want to go this path, I would recommend banning Irish Times links as well. Their site is a paid service, and by linking, it is the clear promotion. I see regular links to the Journal and Irish Times so a very poor job is being done regulating number two.

[Omad24]

Dude it’s not that serious. Please don’t derail this thread with this nonsense

[saleamcrown]

Any new news plz

[niksire]

#BREAKING Court of Appeal has dismissed appeal. They have upheld existing approach for Ministerial discretion to allow 6 weeks out of the State in the year preceding naturalised citizenship application.
More to follow...

[ibsp]

Update from Immigration, Asylum & Citizenship Bar Association (IACBA), 2pm 2019-11-14:

The Court of Appeal found, in a decision written by Whelan J, that the High Court erred in Jones v MJE that the requirement for naturalisation in S. 15(1) of the Irish Nationality and Citizenship Act 1956 of continuous residence for a year must not be broken by any absence.

The Court also found that the minister had not fettered their discretion through the application of a scheme allowing absences from the state of up to 6 weeks during the period of a year prior to the application, and dismissed the appeal.

[mrbubbles]

"Court of Appeal has dismissed appeal. They have upheld existing approach for Ministerial discretion to allow 6 weeks out of the State in the year preceding naturalised citizenship application."

[nojoyfrominis]

That’s is great news. Hopefully we will have next ceremony by March next year.

[aneelrahim]

[Omad24]

They have never done a ceremony in March. Always April or July

I also don’t think it’s too late for a ceremony now either

This is fantastic news

[nojoyfrominis]

Logistically, it is very difficult to have ceremony this year . And people would have Christmas holidays. I think earliest possibility in feb/mar next year. They will have to do 5-6 ceremonies next year to clear the backlog

[Omad24]

They have never done a ceremony in March. Always April or July

I also don’t think it’s too late for a ceremony now either

This is fantastic news

I mean may not july

And I do agree. But they lots of people gnibs cards including mine

[NiallPP]

So do I understand correctly that despite dismissing the appeal they have overwritten the judgement made in the high court and the 6 week rule applies again?

[aneelrahim]

https://www.irishtimes.com/news/crime-a ... -1.4082941

[saleamcrown]

Its good news but plz no give us your idea because if you can stay without gnip for one year then give us your idea we can wait the minister what will do

[nojoyfrominis]

Yes they have upheld the judgement. So not a good news for our Aussie friend. But they have found the ruling in continuous residence unworkable and minister discretion will apply as before earlier judgement

[nojoyfrominis]

Let’s wait for ministers response now. I am sure he will reply given the media coverage. I still think that ceremony this year is bit ambitious given the logistics and Christmas time

[Omad24]

Its good news but plz no give us your idea because if you can stay without gnip for one year then give us your idea we can wait the minister what will do

I do not understand what you have written at all.

All I said there is still a good chance there could a ceremony because of all the people they have approved in June and taken their gnibs. Last year something similar happened where a lot of people couldn’t attend the May ceremony because it was over booked even though they sent in their gnib. They made a ceremony for them in September and didn’t announce it

[danielmensah]

I am really happy with this development.
At least the issue of unbroken presence or residence has been overturned by COA.
The Minister continues to enjoy the discretion for up to 6 weeks or more in exceptional cases.
Now they have to the needful and set us all free.
This is absolutely good news for us waiting.

[robber]

Exactly. Clear response

[ibsp]

The Minister and the Appeal Court deserve credit for expediting this, as do the appeal judges for unanimously overturning the “unworkable”, “overly literal” and “unduly rigid” High Court ruling on the definition of continuous residence.
It was unfortunate that that High Court ruling came just before the courts and the Dail went in to recess for the summer, but I've been impressed by how quickly they have acted since resuming work in October.

[danielmensah]

The Minister and the Appeal Court deserve credit for expediting this, as do the appeal judges for unanimously overturning the “unworkable”, “overly literal” and “unduly rigid” High Court ruling on the definition of continuous residence.
It was unfortunate that that High Court ruling came just before the courts and the Dail went in to recess for the summer, but I've been impressed by how quickly they have acted since resuming work in October.

Me too very happy with the way they handled the whole issue.

[robber]

Being honest. It's true this rule is very strict, however, the Aussie guy was responsible for all this drama. Citizenship is a privilege, not a right even though you live here for 20 years. that's why the WORD, The Minister has discretion whether to grant citizenship or not but he must act fairly in making that decision, and that's why his appeal is dismissed.

He should just wait another year then apply simple before create all this mess