New Info on Court Case

[bulmash]

Posted: Fri Jun 15, 2007 10:03 am Post subject: New to this board...

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I am new to this board. My husband, a Swedish National, found it for me. The lawyer for his company informed me that they had ruled on the Kumar Case and here is what she emailed me...

"A barrister contacted me yesterday to advise that there had been a judgment on Tuesday last from Judge Hanna in the case of Kumar v The Minister for Justice. This case is similar to your case in that Mr. Kumar was refused a residency card on the grounds of Regulation 3(2). Unfortunately the High Court upheld the validity of Article 3(2) of the Regulations saying it was intra vires the EU Directive i.e. permitted under the Directive.

However, the barrister also told me that the facts of the case is likely to have influenced the Court, as in his decision Judge Hanna seemed to have relied solely upon an European Court of Justice judgment (Akrich) having regard to an individual's behaviour in terms of circumventing national immigration laws. Mr. Kumar did not have such a straightforward case as your case and so this is likely to have affected the Judge's decision.

Mr. Kumar may of course appeal this decision to the Irish Supreme Court who have jurisdiction to reverse the decision. However, a Supreme Court Appeal could take many months. In the interim period there are likely to be other cases more in line with your own set of facts and so if there is a positive determination in any of those cases, this will clear the way for you to obtain a residency card (subject of course to the State appealing any such decisions"

She has advised me to try to apply for a Student Visa. Has anyone begun this process?

My concern is that I'm leaving the country to go to Sweden at the end of the month, and I'm concerned I will not be let back in. Has anyone left recently, at least since we've received the "denial" letters?

I appreciate any feedback I can get.

Thanks,
Stacie
American woman, married to a Swedish National

[SanMex]

Well it seems we better prepare either to protest or to leave the country or both.
I called the DoJ and they told me I cant apply for a student visa and anyway, student visas laws are changing as we writte

[bulmash]

why did the DOJ tell you that you couldn't apply for a student visa?

If there is a course you're able to take and you've been accepted???

Just wondering...

stacie

[dsab85]

Thanks for the Info, Bulmash. Very good to know. just confirms again my decission to leave the country next month and to move to the UK.

[brownbonno]

In a previous post,i said people should not relie on thie Kumar when we don't know the full summary of his/her case.Cases are treated on individual basis on its own merit.Remember,Akrich was having poor immigration history.Do we know the immigration history of Kumar ?

[dsab85]

The thing is that not everyone has the will or even the money to go through the courts to fight for his rights. So we have to rely on these court cases.

And in the context of the EU regulation it shouldn't really matter what the history was. It seems Kumars case was the one everyone was waiting for, and it was the one supported by Solvit and the Immigrationcouncil, afaik. I just called Immigration, and they confirmed that the Kumar Case was the one that they were waiting for to contine with the processing of the applications. But they stated they didn't know of any outcome yet.

[archigabe]

I think the person with the best information will be the European Commission's legal representative in Ireland.

Siobhan Duffy, Eurojus Consultant with the European Commission Representation in Ireland :

Address: European Commission Representation, 18 Dawson Street, Dublin 2.

E-Mail: siobhan.duffy@cec.eu.int
Telephone: 01 634 1111 Monday & Tuesday - 9.00 am - 5.00 pm for advice or to make an appointment.
Fax: 01 634 1112

I had sent a complaint to the European Commissioner in Brussels, and Siobhan got in touch through a letter saying they are going to look into it.
I suggest that everyone use the same complaint letter to Brussels.
http://ec.europa.eu/community_law/compl ... dex_en.htm

[runie80]

Looks like a complete "Wash out" as the weather is outside.

What options are on the table now for us ?

[dsab85]

I guess first of all these Infos have to be confirmed by another source.

And then people have to decide for themself if they wanna fight their way through the courts or if they wanna leave. If this Information is true, the there are not many more options right now.

Archibgabe... I also sent a formal complaint last month to the EU. I got a confirmation about a week ago, but nothing else. I also never got a response from the justice Minister.. what a surprise...

[SanMex]

Well Im still waiting for a reply and Im still positive thou I believe I wont get a positive answer.
I called the DoJ and they say I can go to Gara and ask for a permision to study but as I am waiting for a EU1 I cant apply for student visa.
Maybe as your situation is diferent maybe you can apply for one, but the truth to be told whats the point, as runie said, you can not hope for a good job if u r on student visa

[runie80]

I will send a complain tonight too.
I will let you guys know if i get any responce !

[runie80]

Well Im still waiting for a reply and Im still positive thou I believe I wont get a positive answer.
I called the DoJ and they say I can go to Gara and ask for a permision to study but as I am waiting for a EU1 I cant apply for student visa.
Maybe as your situation is diferent maybe you can apply for one, but the truth to be told whats the point, as runie said, you can not hope for a good job if u r on student visa

Yes you will get jobs but you will never me able to have a career
its just soo impossible.Every job u will apply they will ask ur status
and when u will tell them student u are diminishing ur chances by 80%

I wouldnt recommend honestly.Anyone else here on student visa will confirm this i am sure

[Sahil]

Holy shit!!! Seems like nobody has any right info regarding this court case.

Immigartion Concil is saying 26th June
SOLVIT Saying 15th June
and we somebody worte that Kumar has lost the case

i mean where the Fu*k we can get any right information?? does anybody contacted DOJ recently by asking the decision of ongoing court case ?? what i feel is if Kumar has lost the case then it would have been in the newpapers (DOJ should have been publish this as it is in thier Favour). could anybody tell me where to go to find the latest info re this shit ??

Sahil

[brownbonno]

The thing is that not everyone has the will or even the money to go through the courts to fight for his rights. So we have to rely on these court cases.

And in the context of the EU regulation it shouldn't really matter what the history was. It seems Kumars case was the one everyone was waiting for, and it was the one supported by Solvit and the Immigrationcouncil, afaik. I just called Immigration, and they confirmed that the Kumar Case was the one that they were waiting for to contine with the processing of the applications. But they stated they didn't know of any outcome yet.

Your post is quite sensible.If that is the case the issue of the Irish article3(2) of the EU directive was already settled in the Jia case.
If the judgement is actually held to the DoJ favour,an appeal should be on its way.

[Flor_mz]

bulmash

"A barrister contacted me yesterday to advise that there had been a judgment on Tuesday last from Judge Hanna in the case of Kumar v The Minister for Justice.

I attended personally at the High Court, presided by Justice Hanna, and they told me that the Kumar case had been postponed until the 26th.

I don't understand anything!

[Sahil]

I attended personally at the High Court, presided by Justice Hanna, and they told me that the Kumar case had been postponed until the 26th.

I don't understand anything!

Thats what i got when i attended

[groebben123]

Hi,

that's really sad to hear, but I still have hope that things figure out. I mean, it sounds so strange that EU citicians are not allowed to live in an EU country (because there spouses are not allowed to stay!?!?). I absolutly CAN't accept this. I mean, what kind of European union is this?

But the thing why I'm posting here is another. I hope you can answer me this 2 cases:

1) I'm from Belgium and the Belgium ambrassy is willing to give me a 6 month Schengen Visa for my wife, but we need a Re-entry Visa or something like thas that we can proof that she can move in again.
I mean, she is my wife and I'm working here. They have to give her something, isn't it? Do you have any ideas/experiance in this kind of problem?

2) WHEN they defently denied, and we still have to live before in our "homecountries" (even I didn't see Belgium as my homecountry because I didn't lived there since 6 years...), I heared that some of you are going to GB. Do they have other leys? How do they look like? Exactly like the Irish (6 month pending time,...) exept of this stupid "homcountry ley" or what?

Would be great if you could give me an answer about this.

Don't be sad. I know that it's really difficult, our situation, but there is still hope. So lets see what will happen!

[BigAppleWoodenShoe]

Hi,

that's really sad to hear, but I still have hope that things figure out. I mean, it sounds so strange that EU citicians are not allowed to live in an EU country (because there spouses are not allowed to stay!?!?). I absolutly CAN't accept this. I mean, what kind of European union is this?

It's not that our spouse can't stay with us, it's that they can't work, or get health insurance, or do anything.

1) I'm from Belgium and the Belgium ambrassy is willing to give me a 6 month Schengen Visa for my wife, but we need a Re-entry Visa or something like thas that we can proof that she can move in again.

From what I've heard on migration in NL, Belgium is one of the easiest european countries. In NL you indeed will have to get a re-entry visa.
For more information you might want to check this website: www.buitenlandsepartner.nl

It's from the netherlands, but it has some stuff about belgium as well.

[groebben123]

Hey, thanks for your information,

Yes, the Beglium Embassy is really willing to help us, but they told us as well that we need a Re Entry Visa. Is it possible to get one when you are still waiting for the EU1 decission? Or du you need a GNIB card to get this?

I know, it's not really an issue for here, but I think it's interesting for those people who are waiting as well for the EU1 form and who wanna travel to other EU countries.

I mean, they have to make it possible to visit the family in other EU countries, isn't it?

[Dimy77]

Hi, it's my first post on this board but me and my wife have been reading this thread for a while now. I'm a dutch citizen and my wife is brasilian, and like most of you we have the same problem with my wife's EU-1 application. We weren't notified about this requirement by the Irish Embassy, Consul and immigration when we queried them about this prior to our marriage. When I met my wife I already lived in Ireland (4 years in total now) and as a EU citizen I always believed it was my right to life in this country with my (then future) wife regardless of her nationality.

It's mad how one stupid law can messes with people's futures like this. We only wanted to stay in Ireland for a short period to build up some starting capital and then move back to Brasil. We have no intentions to stay here permanently, but now we are being forced into changing our plans. We still hope for the best though, she only joined me here since our marriage last april so haven't been waiting for too long.

Anyway, it's good to read that there are more people like us who are experiencing the same problems and hear your stories.

P.S. In case my lovely wife is reading this... I'm going home in a few minutes, see you soon

[Smit]

I have just come across this recent ECJ case summary which may bring hope to people awaiting the EU1 case outcome.

http://www.gherson.com/articles/jia-in- ... e-analysis

[archigabe]

thanks for pointing that out Smit...the link to the original judgement is here

http://eur-lex.europa.eu/LexUriServ/sit ... 020003.pdf
http://www.europarl.europa.eu/facts/3_2_2_en.htm

We had been discussing the case here as well...
http://www.immigrationboards.com/viewto ... 9c8db2257e

Hope the Judges in the court deciding on the Kumar case is aware of this judgement in the ECJ.

[BigAppleWoodenShoe]

So, is June 26th the day then??? Haven't seen too many remarks about anything happening on the 15th. I will try asking the immigrant council on Monday though.

[runie80]

so whats the story with the case then ?

Have we lost it or its not decided till now ?

whats the actual story ? no one knows

I think we need once again a big push here to get to the bottom of the story

[stmani]

i think its the time to do what havent done before PROTEST!!!!!

they taking it too lightly......dont realise its the matter of our lives!!!