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Using solicitors to speed-up naturalisation decision

Forum to discuss all things Blarney | Ireland immigration

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ImmigrationLawyer
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Post by ImmigrationLawyer » Tue Jun 07, 2011 9:22 am

Thanks. I still think if you could show an applicant waiting longer than most others (eg 4 yrs for naturalisation) you could distinguish these 2 cases. The solr in those cases was somewhat premature in bringing these actions, imo. :?

walrusgumble
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Post by walrusgumble » Tue Jun 07, 2011 2:36 pm

ImmigrationLawyer wrote:Thanks. I still think if you could show an applicant waiting longer than most others (eg 4 yrs for naturalisation) you could distinguish these 2 cases. The solr in those cases was somewhat premature in bringing these actions, imo. :?
No one is disagreeing with you. But there will not be too many cases like that.

Either way, you must put those submissions before the Minister first. Again, the courts may change their tune if the delay is 4 years.

THe solicitors in those cases were simply following the caselaw provided by the Edwards J case in Mobin. The only reason they lost was probably because a new trend was happening that many cases when in the high court barely shortly after the Edwards J case.

Nothing better than the sound of hindsight eh? :lol: sure, only for the posters mentioning it, you might have been premature.

ImmigrationLawyer
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Post by ImmigrationLawyer » Tue Jun 07, 2011 2:52 pm

No, not premature, my guy waiting almost 4 years. I have been involved in quite a few delay cases in the last 4 years - but always where the applicant was waiting more than 3 years for citizenship, >2 years for family reunification, >2 - 3 years for subsidiary protecttion. Never had a problem except for citizenship cases post Nawaz, then withdrew them to protect the clients from a possible costs order. They got their decisions anyway :)

murphyslaw
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Post by murphyslaw » Wed Jun 08, 2011 10:19 am

As a solicitor this may not be in my best interests but it is not always the case that a lawyer can speed the process up, but they can prevent it from slowing down more than is normal.

What they can do is give the application the attention to make sure all documentation is completed correctly and any queries raised by the department are answered speedily and verifiably.

It is the organisation or office back up plus being used to dealing with the paperwork involved which makes a solicitor application soemtimes less slow than - for want of another word - a layperson's application.

ImmigrationLawyer
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Post by ImmigrationLawyer » Wed Jun 08, 2011 10:50 am

Personally I recommend to people that they have an immigration solicitor check the application and papers when they witness the form 8, and then deal with the application on their own. It is more direct - any request for more documents will then be issued directly to the applicant. Less chance of things going missing in the solicitors office, delays in posting things out etc.
Judicial Review applications are separate - an applicant may deal with their own application and then approach a solicitor at a later stage for help with Court proceedings if there is a problem.

beady eye
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Post by beady eye » Thu Jun 09, 2011 9:06 am

ImmigrationLawyer wrote:Personally I recommend to people that they have an immigration solicitor check the application and papers when they witness the form 8, and then deal with the application on their own. It is more direct - any request for more documents will then be issued directly to the applicant. Less chance of things going missing in the solicitors office, delays in posting things out etc.
Judicial Review applications are separate - an applicant may deal with their own application and then approach a solicitor at a later stage for help with Court proceedings if there is a problem.
hi that is ok solicitors do very good job in lining case and put all paper in order but i could do that myself. in my case the citizenship dept dont ask anything. i ask my lawyer to send my baby birth cert when she born my paylisp our bills to keep them going. u say about delay in processing is it not unconstituional that someone who apply after me get approval wether they are wp or spouse ic because they say STRICT CHRONILOGICAL ORDER, the above guy is also nearly 3 years. y other persons are given precedent to jump the line under this that checks and balances takes time under this they keep delaying people how this will serve this country i dont know. can this be ground for a case. i hope a case go in and serve a madmanus so this will tell them to produce quick like ltr and spouse of eu visas.
Last edited by beady eye on Thu Jun 09, 2011 9:09 am, edited 3 times in total.

beady eye
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Post by beady eye » Thu Jun 09, 2011 9:06 am

double.

ImmigrationLawyer
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Post by ImmigrationLawyer » Thu Jun 09, 2011 9:59 am

Why don't you try a mandamus application if you are willing to take the risk? you would probably get a solicitor and barrister to do it no win-no fee. Based on the precedents, you probably have a less than 50% chance of winning... but there is a chance. You must be prepared to take on the risk though. If you lose, the Respondent's legal costs could amount to 20 thousand euro or more if everything was to be assessed. Do you have substantial cash or assets? I don't know if anything would ever happen if you got a costs order against you, anyway.

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