sovtek wrote:Would it also not follow logic that 2 and 3 years for other decisions were an unreasonable delay? I wonder if there has been anyone taken to the High Court based upon that?
Are you talking about citizenship and long term residency applications which are provided under Irish immigration law?
There have been
several cases over the years which have been brought before the courts, many never got heard and were settled. However, in 2009, two cases, one for long term and one for citizenship came before the courts. The judges
will no longer give orders against the minister and costs to the applicant if there is no evidence of unfair actions by minister (court accept department do a first in first out proccess and recognise that its dealing with approx 10,000 citizenship applications at the mo) (of course waiting 3-4 years will be one a good case!)
Also the doctine of separation of powers may preclude a court from determining how money should be allotated in a government department.
You need to show to the minister how the delay will cause prejudice and why your case should be prioritised. this might be difficult because of the nature of their current status,it may be highely unlikely they will be a treat of lossing their immigration status, though, with people applying for ltr (therefore on work permits) they maybe at risk if they loose their job BUT can somehow easily get another one BUT may be precluded from taking it as they may require a work permit/green card (which there is barely a cat in hells chance of getting now)
You can, I think find these cases on courts.ie
Nawaz June/July 2009 Judge M H Clark
The matter is, the si month rule is clearly expressed in the european laws, unlike that for citizenship and ltr which is exclusively under irish rules.