It will likely be argued by the Department that the parent voluntarily left this country, unlike the Zambrano family, or a family with a deportation order. That parent clearly was able to move legally to another State, thus the Department will take the attitude that the child would not be genuinely deprived of their EU citizenship as the child could move to another State.SSH wrote:Hi Guys,
INIS have updated the website with the zambrano case, they had previously removed the link, they have put back the information again with additional clarification and FAQ's
Below i have copy/pasted 2 of the responses from the FAQS page, It makes no sense to me, I understand the responses but can they actually do this ?
Specially the response to question 3, lets say for example, If someone left Ireland for a job oversees, he/she has lost her job now and cant find another one, which leads to financial difficulties ultimately effecting the well being of the child, if she wishes to avail the zambrano rulling, so she could come and look for a job in Ireland which may improve their circumstances and ultimately add to her's and the child's standard of living, she would not be allowed to come back OR avail of the zambrano ruling?
I don't see any fairness in this ?
how is this decision not depriving the right of an Irish born child citizen ?
Look at the Domestic Irish Law, the Supreme Court case of Dimbo 2008. Why? Similar problems, the parents left the Country for a while and came back. Because of serious integration, they finally won their case. You can find Dimbo on www.bailii.org
THe Parent will also be accused for not being too bothered about the Child's right to reside in the Irish State, had that parent not lost their job in the other EU state, and may be accused that the parent is trying to use Zambrano as last resort. That the parent should have been with the child and mother, and as they are not EU citizens themselves, don't have the right to gallop across europe.
That is what I believe (looking at arguments from cases in the past) that the Department will try and angle.
Ordinary residence is the answer to Q1 as well. THis also concerns the Irish from the disaprora who can claim citizenship via descent. To stop a wave of non Irish parents coming over (even if the economy was good) It also would take the proverbial piss out of the arguements made in the Zambrano case. You could not say those arguments applied to Question 2.SSH wrote: Question 2
My child is an Irish born citizen but, despite being born there, has not resided there at any stage. Does the Zambrano Judgment allow me a right of residence in Ireland?
Response 2
No. The Zambrano Judgment applies to an Irish born citizen child’s country of residence and nationality. If an Irish born citizen child has not been ordinarily resident in Ireland then his/her parent(s) cannot rely on the Zambrano Judgment as a basis for securing a right of residence in Ireland.
THere is no evidence of genuine risk. In Zambrano, the couple were from Columbia and they had no hope or chance of returning there. THe Belgians had even acknowledged this problems but did nothing. That was the extent that EU were going to go with breaching their own Treaty. The Treaty does not give EU law the right to go that far into the interpretation of Articles 20 and 21 (the real political belief not really there).SSH wrote: Question 3
I am a non-EEA national. I lived in Ireland for some years but left some time ago to return to my country of origin. I left voluntarily and was never the subject of a Deportation Order. I am the parent of an Irish born citizen child. Can I rely on the Zambrano Judgment to allow me to reside in Ireland?
Response 3
No. The Zambrano Judgment does not apply to any person who left Ireland of their own volition. Such persons can, of course, apply for a visitor or study visa to visit Ireland but cannot rely on the Zambrano Judgment as a basis to obtain a right of residence in Ireland.
I personally believe there might be a situation where the EU may split cases between long term absence from the State (will fail completely) and short term absence but long term stayed in the State (could succeed)