IBC Cases after Supereme Court Judgement.

[Dr. K]

Any updates for 1000 IBC Cases. Is anybody receive residency according to Supereme Court Judgement on may 2008 ?

[Directive/2004/38/EC]

Can you provide more information about IBC and what the decision was?

[Ben]

Can you provide more information about IBC and what the decision was?

http://www.irishtimes.com/newspaper/ire ... 35259.html

[Dr. K]

IBC (Irish Born Child), before 2005 children of Non-EU parents, who born in Northern or Southern Ireland are Irish Citizens, but Govt. of Ireland pronounce them Irish Born Child instead of Irish Citizen Child.

In 2005, Ireland annouce IBC scheme, which was for Non-EU family, mainly parents of IBC to apply Irish Residency. 17000 people applied and 16000 got residency through the IBC Scheme 2005.

People who got refused with childish reasons, won there cases on High Court and later in Supereme Court of Ireland against Dept. of Justice in May 2008.

Ireland is become first country who is not respecting his own Supreme Court Ruling/Decision. My family is also victim of the system.

From 1000 people, only few got residency after supreme court decision in may 2008. Dept. of Justice has no reason to delay but they are delaying or not giving.

[walrusgumble]

IBC (Irish Born Child), before 2005 children of Non-EU parents, who born in Northern or Southern Ireland are Irish Citizens, but Govt. of Ireland pronounce them Irish Born Child instead of Irish Citizen Child.

In 2005, Ireland annouce IBC scheme, which was for Non-EU family, mainly parents of IBC to apply Irish Residency. 17000 people applied and 16000 got residency through the IBC Scheme 2005.

People who got refused with childish reasons, won there cases on High Court and later in Supereme Court of Ireland against Dept. of Justice in May 2008.

Ireland is become first country who is not respecting his own Supreme Court Ruling/Decision. My family is also victim of the system.

From 1000 people, only few got residency after supreme court decision in may 2008. Dept. of Justice has no reason to delay but they are delaying or not giving.

dr k

strictly speaing, and strickly on the basis of the IBC 05 Scheme,

you are correct that people who were refused in the IBC / 05 scheme cases were successful in the High Court ( November 2006 -Oguweke, Dimbo, Bode & Others)

You are completely incorrect that they were successful in the Supreme Court. (December 2007) It was found that the the scheme was an administrative scheme with no ambit for the courts to interfere with, thus, the Minister had not being obliged to consider the child's constitutional issues. However, it did re-affirm that the Minister still had to consider the child's rights in Leave to Remain applications.

The cases of Dimbo and Owenke in May 2008 (which you are clearly referring to), although were part of the successful cases in the High Court in November 2006, these cases differed from say Bode and they were considered in seperate Supreme Court Cases. Difference lay in the fact that the parties had also challenged the lawful refusal of the leave to remain applications. To make clear, in Dimbo and Owenkwe, the IBC 05 scheme part of the challenge was refused by the Supreme Court. BUT, the challenge of the Minister's refusal of teh leave to remain application was successful as minsiter failed to consider the child's rights

despite the fact that the supreme court case refused the IBC 05 scheme, it was likely, that the Minister invited parties to make new applications for leave to remain. What Supreme Court cases like dimbo and okweke did was stop the Minister relying on Lobe for EVERY case (crazy thing to do when many cases like dimbo HUGELY differed in facts to Lobe 2003). (Minister was at the time using Lobe pretty much as a carte blanch to refusing parents) Dimbo and Okewkgee have given parents a much better chance in staying in the country provided they provide good and sufficent reasons that there deportation would not be justifiable (eg length of time in country, efforts to integrate, age of child, place of origin - you look at case like dimbo where 10-12 year old lived in ireland most of there life)

I would disagree about the issue of "childish" refusals of IBC 05 application. I accept that refusual on the basis of late application (anything within 3 months) and applications not sent in full becuase of documents missing was a bit unfair. but how can one accpet refusals on the basis of non residency in the State for a continous period or failure to provide evidence childish?? some of the refused parent or parents came into the country as asylum seekers and then returned to their countries. this hugely undermines their previous claim for asylum - which was the sole basis of entering the country (not to give birth). - PLEASE Read the affidavit of the State in relation to facts and figures etc can be found in LObe 2003 case and bode high court 2006

peace

[Dr. K]

Dear walrusgumble,

Thanks for your detailed reply.

I was a student when my baby born in N.Ireland in 2004 and I never leave common travel area since then.

I never apply for asylum, I submit my original documents (Medical Degrees, Passports and others) with my Residency Application through IBC Scheme in March 2005. DOJ never return my originals and holding since Mar 2005. Later they said that they returned through registered post in Oct 2005, but did not provide tracking number or any information about the receiver. Hopefully they lost.

My child is now 4+ and in school. We appealed against refusal of our IBC application but got no reply and receive Section 3 letter in April 2008 (20 days before supreme court decision). We did appeal against section 3 letter but got no reply.

We did request several times to DOJ through our solicitor and personally but got no attention even no acknowledgement.

I request to Mr.Brian Cowen, he forwarded my request to DOJ two months ago. My mother passed away in between and I did request again to Minister of Justice for permission to Travel and return to attened funeral but they even did not acknowledge my request.

When my solicitor did request last month to DOJ, he receive reply that we are illegal in this country and already got section 3 letter.

My child holding Irish Passport, we are not asylum seeker and we have no criminal record.

Hope you will understand my situation and will advice accordingly.

Regards

[walrusgumble]

Dear walrusgumble,

Thanks for your detailed reply.

I was a student when my baby born in N.Ireland in 2004 and I never leave common travel area since then.

I never apply for asylum, I submit my original documents (Medical Degrees, Passports and others) with my Residency Application through IBC Scheme in March 2005. DOJ never return my originals and holding since Mar 2005. Later they said that they returned through registered post in Oct 2005, but did not provide tracking number or any information about the receiver. Hopefully they lost.

My child is now 4+ and in school. We appealed against refusal of our IBC application but got no reply and receive Section 3 letter in April 2008 (20 days before supreme court decision). We did appeal against section 3 letter but got no reply.

We did request several times to DOJ through our solicitor and personally but got no attention even no acknowledgement.

I request to Mr.Brian Cowen, he forwarded my request to DOJ two months ago. My mother passed away in between and I did request again to Minister of Justice for permission to Travel and return to attened funeral but they even did not acknowledge my request.

When my solicitor did request last month to DOJ, he receive reply that we are illegal in this country and already got section 3 letter.

My child holding Irish Passport, we are not asylum seeker and we have no criminal record.

Hope you will understand my situation and will advice accordingly.

Regards

yes of course i understand your flight. i would strongly recommend that your solicitor send another letter. this letter should set out the case in full, and the dates that you made previous correspondences. Maybe your solicitor should pursue mandamus proceedings in the High Court? (where one is waiting for over 1 year - undue delay) alternatively, make an updated leave to remain application clearly stating that its a renewal of the first one. if the letter tells you to send it to PO Box 10003 dublin 2 send it, as that is really the old ibc unit, they will deal with it quicker than repatriation unit.


did the minister actually give you a decision in relation to the IBC 05 scheme? it appears that you may have being refused because you either (a) did not submit your application on time or (b) submitted the application but did not submit the application fully with required documents on time - and likely through no fault of your own

it would help if you still have legal status, as you then probably have a bit of a part time job. at least you can prove that you would not have difficulties getting work if given a stamp 4

from my understanding, those who lost their IBC 05 scheme cases were given a new chance to make a new leave to remain application. most, i believe were granted residency as most of the parents were, de facto in the country since arrival.

you living in the north or south? whatever, make sure you provide documentary evidence that you have continously resided in the island of ireland, utlitlty bills, bank statements, etc

anyway best of luck. follow up on this issue

[Dr. K]

Thanks for giving attention and reply.

My first Residency Application was on time (march 2005) with all revelent documents, proofs and information, which they refused that I was in N.Ireland not Rep of Ireland, there was no other reason.

We appealed on time but never receive any reply. After several years (2008) they sent Section 3 letter and we did appeal within 15 working days but receive no reply.

I am continously working in a hospital (honorary) since 1997. I have a strong letter from hospital, which clearly says they want to hire me. I am also doing TRAS to become a registered doctor in Ireland. I am on state benefits. My daughter is a student now.

My history is full of evidence that I am living here and I have submitted all proofs from time to time.

I am seriously thinking to change my solicitor and need your valuable guidance in this matter too.

Regards

[walrusgumble]

Thanks for giving attention and reply.

My first Residency Application was on time (march 2005) with all revelent documents, proofs and information, which they refused that I was in N.Ireland not Rep of Ireland, there was no other reason.

We appealed on time but never receive any reply. After several years (2008) they sent Section 3 letter and we did appeal within 15 working days but receive no reply.

I am continously working in a hospital (honorary) since 1997. I have a strong letter from hospital, which clearly says they want to hire me. I am also doing TRAS to become a registered doctor in Ireland. I am on state benefits. My daughter is a student now.

My history is full of evidence that I am living here and I have submitted all proofs from time to time.

I am seriously thinking to change my solicitor and need your valuable guidance in this matter too.

Regards

your living in the republic? did you provide proof of this in the application. get your solicitor to write a reminder lette again. what month in 2008 did you send the application, it is only after 1 year + that court consider the minister is delaying. Minister has discretion and only needs to show that after considering all relevant information, he has properly given adqeuate and proportionate reasons for refusing. I understand you are anxious to get sorted and it seems that you might have a decent to strong case, i would hang on to solicitor for a while. minister, in light of current times, might be doing you a favour in not giving a decision yet. longer he takes the harder it might be to refuse you status., think of the long term goals as oppose to short term. but a least get in contact with the minister. i would assume your solicitor would have considered looking at high court proceedings b now, so give him some credit. (mandamus) (easy chance of money for him if he/she wins)

[Yakoo]

D k
I am in a similar situation and I know a few other fathers of Irish Born child who have not been given leave to remain in Ireland, however your own situation seem to be more dire. I arrived in Ireland in 2007 although my wife was granted leave to remain under the 2005 IBC scheme.
However I think the longer it takes for the Minister to take a decision on your case, the brighter your chances of a positive response.
The fact that you have not been served with a deportation letter itself could be seen as a light in the tunnel.
please be patient

[walrusgumble]

D k
I am in a similar situation and I know a few other fathers of Irish Born child who have not been given leave to remain in Ireland, however your own situation seem to be more dire. I arrived in Ireland in 2007 although my wife was granted leave to remain under the 2005 IBC scheme.
However I think the longer it takes for the Minister to take a decision on your case, the brighter your chances of a positive response.
The fact that you have not been served with a deportation letter itself could be seen as a light in the tunnel.
please be patient

yahoo is right. it would not be a great idea to rock the boat. because the minister might get snooty about the fact that one was away from family for 1-2 years (wife got status in 2005 the person above came in 2007) at least with passing of time one would be in ireland with an equal to longer period of time than away from family.

[Dr. K]

Many thanks to all.

Yakoo, could you please update me if you or any of your friend will receive reply from Dept. of justice.

Regards