Possibly the easiest court case to take, what utter nonsense of a decision.Monifé wrote:As always, there are quite a number of EU Treaty Rights cases requiring urgent attention. A number of refusals have issued recently from the Department in respect of applications for residence cards of the spouses of EU nationals who are properly exercising their EU Treaty Rights in the State. The grounds for refusal are that the EU nationals in the cases have dual Irish and European citizenship, and therefore, according to the Department, cannot rely on the benefits of the Free Movement of Persons law. I do not accept the lawfulness of this position, and think that we may need clarification of the High Court. We are currently seeking further advice on the point.
The above piece is an extract from a monthly newsletter from Brophy Solicitors.
I am completely dumbfounded at this. Why are the DOJ infringing peoples rights once again.
This seriously worries me as my partners application is in that category as I am a dual Irish/British citizen.
It makes no sense whatsoever!!! Even law students would know this, in this scenerio, that it is wrong. What about the minor child born in Irish (and is irish) but also born to Polish citizens? Or what about the minor child born in Ireland but not an irish citizen, but is polish due to parents? How were they suppose to travel? Yes, they will get in on the basis of their parents, but they also have their own status on their own basis too in the future
no where does it say in the directive or more importantly the treaty, that there is a restriction.
To consider that metock provided that the spouse did not even need to be married in another country in order for family reunification ..... this case completely takes the biscuit
This decision makes it all the more laughable considering that people in the six counties are de facto legally british (that will be the last time i say that) but can have an legal entitlement to consider themselves as irish , on equal proportions ( so even rev ian paisley could get himself the auld irish passport)
Well done Minister, talking about wasting more money in the courts
It practicaly, makes an irish person no optition in their freedom of movement, and causes a barrier to an eu citizen - which the directive purports to get rid of. An eu citizen should have a choice of where they reside in the eu.
It also makes a laughing stock of our citizenship policy then, considering we are told that millions each year apply for irish citizenship, no doubt due to the eu bonus. Many applications come from third generation irish americans, who,so long as they meet the criteria are entitled without application to same, even if they never set foot on Érins Green Isle
