[quote="benifa"]The other night my wife and I flew in to Dublin airport from Britain.
I'm EU, she's non-EU and in possession of Stamp 4 EUFam. We live in Ireland.
In accordance with Article 24 of Directive 2004/38/EC, we joined the EU passport holders queue.
[quote="Article 24"][b]Equal treatment[/b]
1. Subject to such specific provisions as are expressly provided for in the Treaty and secondary
law, all Union citizens residing on the basis of this Directive in the territory of the host Member
State shall enjoy [b]equal treatment with the nationals of that Member State[/b] within the scope of the
Treaty. The benefit of this right [b]shall be extended to family members[/b] who are not nationals of a
Member State and who have the right of residence or permanent residence.[/quote]
I presented to the GNIB officer our two passports and her Stamp 4 EUFam Residence Card.
[color=blue]"She has to go to the non-EU queue and get a stamp."[/color] The officer told me, sternly.
[color=green]"My wife and I are entering Ireland in accordance with the EU Free Movement regs. We can use this queue and her passport is not to be stamped."[/color] I replied.
(note, Article 5(3)):
[quote="Article 5"][b]Right of entry[/b]
3. The host Member State shall not place an entry or exit stamp in the passport of family members
who are not nationals of a Member State provided that they present the residence card provided for
in Article 10.[/quote]
[color=blue]"She has to go to the non-EU queue and get a stamp."[/color] The officer repeated, more sternly.
[color=green]"As I explained, my wife and I are entering Ireland in accordance with the EU Free Movement regs."[/color] I reiterated.
[color=blue]
"She has to go to the non-EU queue and get a stamp."[/color] The officer shouted.
I asked for the manager.
Manager came (GNIB Detective, was his title), and I explained the provisions of Article 24 and Article 5(3) of the Directive to him. [color=red]He is not familiar with these provisions![/color]
He went and sought advice / the opinion of.. (wait for it).. the original GNIB officer!
The GNIB Detective (who remained polite at all times, I should add), told me that whilst my wife is "covered" by the EU Free Movement regulations and entitled to enter, it is their [u]procedure[/u] that all non-EU passport holders are stamped in.
Since this practice is incompatible with Directive 2004/38/EC, I informed the Detective that my wife's passport will not be stamped and we would not be joining any queue that Irish citizens need not join.
He went away and came back, reiterating how their [u]procedure[/u] is to stamp in [u]all[/u] non-EU passport holders, without exception.
I informed the Detective that should he be adamant that my wife would be refused entry without a stamp, I will need a note, signed by him, detailing the reason for the stamp. I informed him that steps would then be taken to involve the European Commission in this incident, the GNIB's current practice, and intervention at EU level sought.
Eventually, the Detective agreed to admission sans stamp. But - and this is the important thing - I don't think he ever did understand [i]why[/i].
I will complain to the Garda Ombudsman, to give them a chance to rectify the practices of the GNIB in Dublin airport at national level, without the need to involve the European Commission.
Finally, you may think this is a small matter. Indeed, comparatively, it is. However, regulations are as they are and non-adherence to the Directive is unlawful.
[u]My intention is, and always will be, to ensure that Directive 2004/38/EC is correctly implemented by Ireland at all times and without exception.[/u][/quote]
Your wife's case is not something uncommon but your action is
I myself had different experience at Dublin airport, GNIB and going to Belfast because im British national who is non white and do not have the right to live in UK/EU. However, the grey area is UK has different interpretation of citizenship and nationality compare to EU which made the whole issue more complicated. To put it simple, i was born as Citizen of UK and Colonies (so did my parents and most people in UK) before BNA 1981. As i was not born in the UK and my parents did not get a British passport before 1960s, we lost our right to UK/EU citizenship subsequently. According to UK law, im British national but not British citizen while im classified as EU citizen but not EU national for community purpose.
Holding a British passport, every Irish IO asked me to go through EU line at Dublin airport, i was even picked from a long non EU queue before just because the IO could see the coat of arm. However, most IO could tell im not EU citizen and i shall be stamped (most UK/EU IO don't know the above EU definition). Some officers did ask me nicely to go to the other line before while i insist im a holder of a EU passport and was asked to queue up at EU line. No issues for the last few years. My passports was never stamped before 2003 and i was not even asked any questions sometimes (until now).
In 2006 i came back to Ireland on a work holiday visa, the IO did not realize my status and let me go through the line in 2 seconds. I thought i'd better get an entry stamp for the GNIB guys so i went back to the IO to ask for an entry stamp. After showing my visa and 10 mins of explanation, he asked his colleague 'why are we stamping this British national and why the hell she was given a visa? As the IO has never seen anything like this, he gave me an entry stamp as i asked.
I flew back from Germany to Dublin before Christmas and i was the only other non EU citizen on the plane so i took advantage to go through the non EU line as there were 80+ pax in front of the EU line. I was stopped by 3 officers (DAA staff, not IO) to go back to queue up. They finally believed me after minutes of explanation. I dont think i could be 'allowed' to join the non EU line if i am white
The GNIB guys are more informed but I could not renew my GNIB card last time when i showed my brand new passport issued by IPS. i heard the conversation of the IO with his colleague that he insisted me to come back with an old passport or a GNIB card because he was not sure what stamp to give me. I returned with my GNIB card later, got my stamp 1 but the IO was surprised to find out i was on stamp 1 before as a student . He asked his colleague why and his colleague said it was ok after looking at the cover of my passport.
I have travelled to Belfast over 50 times by aircoach/bus eireann and was stopped by garda between the border for a check (80% of the cases before 2008). I was never asked any question but the garda should note the GNIB guy has written down my GNIB card number on the info page which suggest im not EU citizen. Not sure if they were all blind...