EU 1 - Has anyone got a response in the last 4 weeks?

Static · Post by **Static** » Sat May 05, 2007 11:54 pm

Plaasjapie wrote:no clue.
the cheaper the better...
what with only one of us working and all.

know the feeling....

Plaasjapie · Post by **Plaasjapie** » Fri May 11, 2007 10:19 pm

Erik84 · Post by **Erik84** » Sat May 12, 2007 10:49 am

My wife who is the non-EU citizen got a 6 month multiple entry visa upon visting Irish immigration at Burgh Quay in Dec 06. She is like everyone else waiting for a response on EU1.

Yesterday she came back from a 3 day trip to Marrakech. She has previously travelled outside Ireland twice without having any problems on re-entry.
This time however the immigration officer at the airport checked and discovered that she had not registered with GNIB. Since my wife's english is still limited she phoned me and let me speak to the immigration officer. I tried to explain that we tried to register with the Garda back in December but that the Garda told us to file an EU1 application which we did. At this point the immigration officer got really angry screamed dont argue with me!! DONT ARGUE WITH ME!!!!! and hung up.

Then the immigration officer - still very angry - took her photo, her fingerprint and stamped her passport with a stamp saying that she need to register with the Garda. It's the same stamp she got when she first entered Ireland in December. All the while the "all passports" queue behind her piled up - fortunately though people seemed to be more sympathetic to her than to the immigartion officer and at last she was alloewed to pass.

Well, just wanted to share this story. There seems to be a total disconnect between GNIB at Burgh Quay and the Garda at the airport.

brownbonno · Post by **brownbonno** » Sat May 12, 2007 11:20 am

Erik84 wrote:My wife who is the non-EU citizen got a 6 month multiple entry visa upon visting Irish immigration at Burgh Quay in Dec 06. She is like everyone else waiting for a response on EU1.

Yesterday she came back from a 3 day trip to Marrakech. She has previously travelled outside Ireland twice without having any problems on re-entry.
This time however the immigration officer at the airport checked and discovered that she had not registered with GNIB. Since my wife's english is still limited she phoned me and let me speak to the immigration officer. I tried to explain that we tried to register with the Garda back in December but that the Garda told us to file an EU1 application which we did. At this point the immigration officer got really angry screamed dont argue with me!! DONT ARGUE WITH ME!!!!! and hung up.

Then the immigration officer - still very angry - took her photo, her fingerprint and stamped her passport with a stamp saying that she need to register with the Garda. It's the same stamp she got when she first entered Ireland in December. All the while the "all passports" queue behind her piled up - fortunately though people seemed to be more sympathetic to her than to the immigartion officer and at last she was alloewed to pass.

Well, just wanted to share this story. There seems to be a total disconnect between GNIB at Burgh Quay and the Garda at the airport.

Erik84,

The abusive and intimidating behaviour of the immigration is a breach of your family rights.Taking your wife's fingerprint is the worst mistake the immigration officer could do(EU Directive 95/46/EC - The Data Protection Directive ).But,you have your right to protect(the rule of law).You may not need a solicitor to help you,because you can help yourself.You must take these steps-
1.Write a letter to the DoJ requesting an explanation on why they took your wife fingerprints within 14 days.
2.Write to the Data protection commissioner(www.dataprotection.ie) requesting them to stop the DoJ from using the fingerprints for any purpose and should be erased from their Data base.
3.Write a letter a letter to the european unionhttp://ec.europa.eu/community_law/complaints/form/ and copy your complaint to Mr. Michal Meduna (michal.meduna@ec.europa.eu).
I hope you have the guts to fight this out.It will be a shame if you allow this to slip off your sleeves.It is your right and only you can protect it.
PM me if you need further information.

Erik84 · Post by **Erik84** » Sat May 12, 2007 4:59 pm

Hi brownbonno,

Thanks for your advice. I used to be a politician (and my wife is one) so I should really know these things. Anyhow, I have been reading the EU Directive 95/46/EC and summaries of the text and I can't find any clear paragraph to point to that confirms that what the immigration officer was incorrect.

Basically the directive says:

"Personal data can only be processed (e.g. collected and further used) if:

* The data subject has unambiguously given his or her consent, i.e. if he or she as agreed
freely and specifically after being adequately informed;
* Data processing is necessary for the performance of a contract involving the data subject
* Processing is required by a legal obligation;
* Processing of data is necessary to protect an interest that is essential for the data subjects life.
* Processing is necessary to perform tasks of public interests or tasks carried out by official authorities (such as the government, the tax authorities, the police etc.);
* Finally data can be processed whenever the controller or a third party has a legitimate interest in doing so. However, this interest cannot override the interests or fundamental rights of the data subject, particularly the right to privacy. This provision establishes the need to strike a reasonable balance, in practice, between the business interest of the data controllers and the privacy of data subjects."

I don't doubt you're right though, and on Monday I'll call the Data Protection Commmissioner to see what they have to say.

brownbonno · Post by **brownbonno** » Sat May 12, 2007 5:39 pm

Hi Erik,

I agree with you,but the regulation on talked about such data collection for VIS/SIS purpose.Where also biodata is required for the processing of residence permit.In this case,the collection of your wife's fingerprint doesn't suggest this.Directive 2004/38/EC article 5(4) specifies that " Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence."
This is the modest thing to do than collection of fingerprints.

Birdy · Post by **Birdy** » Thu May 17, 2007 10:26 am

Here are the two latest replies from the DOJ

eutreatyrights@justice.ie
to %%%%%%%%@gmail.com
date May 3, 2007 10:03 AM
subject Fw: Ref 6506
mailed-by justice.ie
A decision will be taken in the next two weeks.
Regards
EU Treaty Rights

And after two weeks of emailing

In relation to your recent email, I can inform you that when its said that
"a decision will be made in the next two weeks" this means that the
decision will be made and sent out to you by registered post within these
two weeks. Once a decision is made, its sent out to the applicant within a
day or two of the decision made.

to which i felt the need to send back

Dear All

I received a letter from Sandra Robinson Reference 6506 indicating the Department of Justice was in receipt of my
wife's EU1 Application on the 27th of October 2006.

As per EU directive 2004/38 the required six month application period expired on the 27thof April 2007.

This is a breach of the above act and thus my my rights as an EU citizen are being infringed.

As advised in this email from %%%%%%% a decision will be taken in the next two weeks means the
decision will be made and sent out to you by registered post within these
two weeks.

Please confirm whether the decision has been made and sent or will be made and sent today as two weeks expire today

Your Attention to this matter is appreciated

jack_in_the box · Post by **jack_in_the box** » Thu May 17, 2007 11:38 am

ACCESS DENIED!!!

Anybody know wht happens once the court case is settled?

Static · Post by **Static** » Thu May 17, 2007 1:05 pm

jack_in_the box wrote:ACCESS DENIED!!!

Anybody know wht happens once the court case is settled?

I have heard that you can then appeal your case depending on which way it is settled.

Post by **archigabe** » Thu May 17, 2007 1:21 pm

Yes, we also got the letter today refusing our application.They also said in the letter that they will reconsider pending the decision of the court case.They returned the original documents we submitted,but half of them are missing! I dont know what to do about that!

Static · Post by **Static** » Thu May 17, 2007 1:25 pm

archigabe wrote:Yes, we also got the letter today refusing our application.They also said in the letter that they will reconsider pending the decision of the court case.

Sorry to hear archigabe

Hey........................ how about a protest?

jack_in_the box · Post by **jack_in_the box** » Thu May 17, 2007 1:43 pm

Yes, I got all my documents back as well...doesn't help at all though. Seems like nothing I have is worth the paper it's written on anyway!

How will we know when the court case is settled & what the outcome is? Is there some website a person can keep an eye on?

Birdy · Post by **Birdy** » Thu May 17, 2007 2:34 pm

Most of the information appears to be coming back from EU compaints and Solvit so i would be keeping in touch with them they are on the inside.

Sahil · Post by **Sahil** » Thu May 17, 2007 3:44 pm

Static wrote:
archigabe wrote:Yes, we also got the letter today refusing our application.They also said in the letter that they will reconsider pending the decision of the court case.
Sorry to hear archigabe

Hey........................ how about a protest?

i think it is a great Idea .. i 'm with you.....so how many people can make it?

Babsie · Post by **Babsie** » Thu May 17, 2007 8:32 pm

I dont mean to rain on the parade here but it seems the best thing for you lot "waiting" still is that you get no response.
All responses processed now will be negative unfortunately.
As was my husband's today.

Static · Post by **Static** » Thu May 17, 2007 8:37 pm

Babsie wrote:I dont mean to rain on the parade here but it seems the best thing for you lot "waiting" still is that you get no response.
All responses processed now will be negative unfortunately.
As was my husband's today.

Sorry to hear Babsie..

What are you going to do now?

Babsie · Post by **Babsie** » Thu May 17, 2007 8:49 pm

Hum...that's the million dollar question.
I don't know - we don't know - maybe apply for another work permit, maybe apply for naturalization seen as my husband is here 6 years anyway...I do know that I'm going to send an email to every single newspaper (yes, including the metro and Herald AM) radio station and any other source of media to highlight this.
Sorry but this is full blown breach of human rights.

Static · Post by **Static** » Thu May 17, 2007 8:53 pm

Babsie wrote:Hum...that's the million dollar question.
I don't know - we don't know - maybe apply for another work permit, maybe apply for naturalization seen as my husband is here 6 years anyway...I do know that I'm going to send an email to every single newspaper (yes, including the metro and Herald AM) radio station and any other source of media to highlight this.
Sorry but this is full blown breach of human rights.

Absolutely! If you have any mail addresses that you would like me to mail to send them to me please staticmarcab@gmail.com

Babsie · Post by **Babsie** » Thu May 17, 2007 8:57 pm

I just PM'd u!

Static · Post by **Static** » Thu May 17, 2007 8:59 pm

Babsie wrote:I just PM'd u!

ta

will send and my husband just said he is also now going to write to his country (England) so.. at least we are trying.

megmog · Post by **megmog** » Mon May 21, 2007 10:58 am

babsie, I am really sorry to hear that.

A question to anyone who has been rejected or whose spouse has been rejected.. in the letter, do they tell you to leave the country or something? Is there a deadline to leave?

Post by **archigabe** » Mon May 21, 2007 11:10 am

they didnt say anything about leaving,only that they might reconsider pending the outcome of the court case in June.Maybe we should all make plans to attend the court case, and maybe put our point of view across at the court as well! Anyone know when and whose court the case is going to be heard?

Birdy · Post by **Birdy** » Mon May 21, 2007 11:46 am

Hey Guys,

We have also just received this morning our rejection letter. Bye bye Ireland

Birdy

megmog · Post by **megmog** » Mon May 21, 2007 11:56 am

Birdy Nooo!

I am so upset. What exactly does it say?

Birdy · Post by **Birdy** » Mon May 21, 2007 12:03 pm

I haven't read it but the missus was saying it is just a rejection letter and it goes on about not having lived in a EU member state before applying for Ireland.

I wish i could Join you guys for the protest but i Cant get out of work and im currently drafting letters to various press bodies

Immigrationboards.com: Immigration, work visa and work permit discussion board

EU 1 - Has anyone got a response in the last 4 weeks?