New Info on Court Case

BigAppleWoodenShoe · Post by **BigAppleWoodenShoe** » Mon Jun 25, 2007 3:24 pm

Everybody says (meaning DOJ and Immigration Council) the case is now going to the Supreme Court and should be decided in the autumn (I head October, more specifically).

Post by **archigabe** » Mon Jun 25, 2007 6:07 pm

Reading the 2004/38/EC directive, the directive does say that national governments are allowed to make exceptions to grant of resident permits based on public policy,national security etc....and also that legal recourses should also be made available to E.U citizens to challege said decisions.My take on that now is that unless we each sue the government in a court of law challenging their decision, we might not get the residency for the non E.u spouses. It is not wise to wait for the Kumar case,as I dont think he has a strong case against the government. We are being forced to either take legal action or leave the country...that's the only option available in my opinion.
What's y'all's idea?

Platinum · Post by **Platinum** » Mon Jun 25, 2007 6:30 pm

We are being forced to either take legal action or leave the country

That's basically what the Immigrant Council told me. The only people who have gotten their EU1s approved (without prior residency in another EU country) are those who have sued the DoJ. If their cases were strong (long marriage, children, etc.), the DoJ have simply settled out of court and granted residency.

The thing is, we need someone with a strong case to sue the DoJ and not settle. Someone needs to directly challenge the DoJ in the courts, so that the law has to be changed. When they settle out of court, there's no need to re-write any laws, so the DoJ can continue to treat others unfairly.

Unfortunately, I'm guessing this will take years. So we have to wait for a couple who has both the time and money.

walrusgumble · Post by **walrusgumble** » Mon Jun 25, 2007 6:59 pm

word has it that there about 5 or 6 cases similar to yours that are in the ex parte stage for leave to judicial review. all cases are different to kumars. it isprob best to get your case in because each persons case must be decided on its own merits.

as for costs, if settled in your favour or successful, the state normally pays for most of your costs for bringing the case. but that issomething you have to talk to a lawyer about. if you feel you are been wrongly done by, what price do you believe is reasonable in order to stay here, assuming for many of ye, going home is out of the question?

Post by **archigabe** » Mon Jun 25, 2007 8:05 pm

We are in it for the long haul...My wife(french) been here for 6 years, and we have a baby on the way.We cannot afford to start somewhere else at this stage.Hopefully we can discuss our legal options in detail on Saturday at 'Static's place.

walrusgumble · Post by **walrusgumble** » Mon Jun 25, 2007 8:22 pm

archigabe wrote:We are in it for the long haul...My wife(french) been here for 6 years, and we have a baby on the way.We cannot afford to start somewhere else at this stage.Hopefully we can discuss our legal options in detail on Saturday at 'Static's place.

though going. where are you from yourself?. when did ye marry?. your child (congrats by the way) will be entitled to apply for an irish passport if ye want to apply, it might help your case when judge considers your individual case.. when did ye marry?. i take it you have been refused on the basis of having to live in another eu state?.

ifyour cases are similar ye might be able to have them decided together. hopefully a solicitor would be reasonable on costs if he is given a block of cases together.

stmani · Post by **stmani** » Tue Jun 26, 2007 11:20 am

any news from the court???? or all have given up!!!

checo · Post by **checo** » Tue Jun 26, 2007 4:13 pm

Yeah, has Kumar appealed against the High Court decision to Supreme Court yet?

stmani · Post by **stmani** » Fri Jun 29, 2007 11:09 am

everybody is sooooo quite!!!! not a good sign...

Post by **archigabe** » Fri Jun 29, 2007 11:13 am

I would not trust the Kumar case to have a positive outcome.As I mentioned in my previous posts, the guy has a terrible immigration history with deportations etc. The only option is waiting for the E.U to take action or launching another lawsuit (which can be expensive and time consuming)

checo · Post by **checo** » Fri Jun 29, 2007 12:36 pm

Archibabe, about waiting for the EU intervention - the immigration council has informed me that waiting for the European Comission can take ages - there is too much of bureaucracy there (they mentioned something about a year but who knows how it works).

I am asking about Kumar's case, because I think that if he appeals to the Supreme Court, then we would get more time to figure something out ourselves (probably we would get many months, because the courts are going for holidays - I think from beginning of July till October!) ...

So does anyone have any more info on Kumar? Because it is still directly related to our case - if the Kumar's case is still in progress, then DOJ cannot deport anybody as far as I know.

tomasmv · Post by **tomasmv** » Fri Jun 29, 2007 12:43 pm

waht do you think....is there a chance to contact kumar....and get all our problems into court aswell with them, that way we could make things easier if we want them to win the case...as someone posted last time the case is not really strong...so I am sure here we are lots that have stronger cases...perhaps there is a chance and get all our cases and make them a part of kumar case....I dont know anything about law, but I dont want to stay waiting forever, and worst is to be waiting on a case that is not strong eanough....
I am sure that we all here can make it very strong....

runie80 · Post by **runie80** » Fri Jun 29, 2007 12:46 pm

tomasmv wrote:.perhaps there is a chance and get all our cases and make them a part of kumar case....I dont know anything about law

Has to be one of the best statements i have read here

Post by **archigabe** » Fri Jun 29, 2007 1:09 pm

Some of us are thinking of launching a new lawsuit together, so we are meeting at Static's place on saturday. Please feel free to come (with Static's consent of course!) and join us in the lawsuit.

tomasmv · Post by **tomasmv** » Fri Jun 29, 2007 1:45 pm

I wont be going on saturday, but I am glad to hear that you are meeting to work something out, count with me for what ever you need.
I am sure that If we act together They will have to do something....
Please, count with me.

Sahil · Post by **Sahil** » Fri Jun 29, 2007 2:13 pm

tomasmv wrote:waht do you think....is there a chance to contact kumar....and get all our problems into court aswell with them, that way we could make things easier if we want them to win the case...as someone posted last time the case is not really strong...so I am sure here we are lots that have stronger cases...perhaps there is a chance and get all our cases and make them a part of kumar case....I dont know anything about law, but I dont want to stay waiting forever, and worst is to be waiting on a case that is not strong eanough....
I am sure that we all here can make it very strong....

Jusr relying on Kumar's case isnt a good plan.... All of us should Apeal to DOJ. i heard that some cases are sattled out side court. so may be your is the gunine case and will be settled outside court. So i would highly recommned you Guys to Please at least Appeal to DOJ and send CC this letter to European commission.

limey · Post by **limey** » Fri Jun 29, 2007 3:54 pm

Where r u meeting? Ireland?

I reside in the UK and have not put in any application yet. Also, I have UK/Irish citizenship and spouse is Chinese.

limey · Post by **limey** » Sun Jul 01, 2007 3:51 am

Static: What year did u get married in if u don't mind me asking?

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New Info on Court Case