DOJ HEAD DOWN (SEMINAR ON EU TREATY RIGHTS)

[iluvireland]

SEMINAR ON EU TREATY RIGHTS AND EMPLOYMENT LAW 29th April 2010
Wynn's Hotel, 35 - 39 Lower Abbey Street, Dublin 1.
please contact Ruth at 01 6797930 / info@brophysolicitors.ie

Immigration Law(Topics to include)

Recent developments in EU Treaty Rights case law
EU Treaty Rights application and review procedure
Rights of residency for family members
EU Treaty Rights and loss of job
EU Treaty Rights and relationship breakdown
Social welfare..
for more info,,
http://www.brophysolicitors.ie/news/aut ... itors.aspx


We are pleased to inform you that the long awaited judgment in the case of Tagni and the Minister for Justice Equality and Law Reform was finally delivered on Friday 12th March last, and we were successful!

The Tagni case is the leading case in the current problematic area of the EU Treaty Rights review process. The case concerned an applicant who had applied for a residence card on the basis of his marriage to an EU national and was subsequently issued with a refusal letter from the Department of Justice in November 2008. We believed the refusal to be an incorrect decision, and immediately requested a reconsideration of the decision. The case was reopened, but the Applicant then became undocumented while in the review process and lost his job as a result. We brought a case to the High Court on behalf of the Applicant requesting the Court to compel the Minister for Justice to issue his decision. Mr Justice Edwards, who heard the case, held that the Applicant’s rights had been breached by the Minister’s failure to issue a decision in a reasonable time. In his Judgement, Mr Justice Edwards clarified a number of very important points;

· The Minister must issue a decision on an application for a residence card within a 6 month time frame in every case.

· If the Minister is uncertain regarding the genuine nature of an application for a residence card on the basis that he suspects the claim may be fraudulent or may involve a marriage of convenience, the Minister has no choice but to grant the residence card within the 6 month time frame regardless.

· The Minster may continue to investigate the case following his decision on the application, and if clear evidence of fraud subsequently emerges, the Minister may then take steps to revoke the residence card.

There is no set time limit for the review process, but it would be expected that the decision should not take longer than 6 months, unless there are exceptional circumstances involved.

We are very happy with this decision as we believe that it means that all applicants for residence cards must be treated with the benefit of the doubt that their application is genuine. It is now clear that an application for a residence card cannot be refused merely on the basis of a suspicion of fraud or a marriage of convenience. Further, there are now clear guidelines in place for the Minister to determine applications within a reasonable timeframe.( help full info for all victims like me)

[Obie]

This sounds like a great seminar that one should attend. If i was in Ireland on that date i certainly would have attended.

It is good that the judges are putting their foot down, and making sure EU rules are complied with in the spirit of the treaty and directive.

If only UK judges had spoken out in the UK, the fiasco that took place at the UKBA EUropean Casework section, could potentially have been prevented.

[Monifé]

Oooh this sounds very interesting.

iluvireland, do you know how much it is to attend?

[iluvireland]

hello all,,,,,,,,,,,,,i think is free,,,, but i m not too sure. i gonna ring them then let you know.,,,,,doj sud stop to doing unfair thing.

[iluvireland]

hello,,,,,yes i rang them today they said its free,,,,,,, at 7 pm

[Monifé]

Thanks for the info

Will definitely give it a look.

Can u just show up or does your name need to be on a list?

[iluvireland]

they said all you most welcome...but we sud let them know we are on the way,,,,,

[sovtek]

Why can't this also apply for everything else like LTR and citizenship?