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Zambrano - People seeking residence on basis of child

Forum to discuss all things Blarney | Ireland immigration

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Morrisj
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Post by Morrisj » Wed Jun 01, 2011 3:40 pm

never mentioned Nationality,i said foreigners either muslims from palestine or Nigerians.I also asked u regarding those people u helped,what were d serious serious evidence and financial blablabla u used?u said at 1st u help 3 but later u said Tds helped d other,looking at d case of Ugbo or Ugbolease ur story on how u helped those people is not true,if its true then il call that "Partial processing of applications" Dude stop ur lawyer wannbe cos u il end up in the street arguing like a lady .Best of luck
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Post by walrusgumble » Wed Jun 01, 2011 3:41 pm

Morrisj wrote:u said ur reference was d illegal foreigners and i pointed out what about d illegal Irish in America,u said its a different issue,why?cos they r related?lol EU~USA.was that the reason Mcdowell or was it Dermot?solicited 4 status from d Presi. of America 2 be given to illegal Irish in America even Shatter used this against Dermot's Immig/Bill yet u said d bill was fair and i asked u-r u indirectly saying shatter doesnt know what he is doing,u said nothing.r u pissed off cos u r bn challenged by a dentist?
You are going to have to provide a link to my post or quote me because the first line, I do not know what you are talking about, Romanians? If so, seriously fucj off and read something that matches your intel. I referred to illegal foreigners? In what context? When did you refer to Irish Americans? Provide a link. Clarify what you are trying to say.

You want my view on them? America is entitled to do what it wishes.It is an independent national. Unlike you, I don't start dictating what another country should do if I am not from that country. I don't think it appropriate for Irish government to seek special preference from American government. LAws are in place to protect countries. Breaking such laws should not be tolerated. Deal with the problem now before it gets worse.

By the way, Irish Born politicans don't really need to do much on pushing for change. There is a sizable Irish Community in America who are historically important voters and are attractive to politicans. Many US politicans in high places are Irish 1st 2nd and 3rd generation. They can get their own reforms without the Irish Governments help. Oh yeah, the other thing, American was and still is built on a history of immigration. Its large enough to take the crowd. We are not.

Obama's recent appearance in Ireland was to help his vote in the Irish American Community in the US with the upcoming General Elections. It had little to do with wanting to come back home



There is no way you are a dentist. You should actually respond to the questions reguarly put before you before commenting on an apparent single failure to respond to one of your statements (cough failure to take one of your comments seriously cough)


Shatter is all mouth. Lets see what he is like now that he is now a government minister shall we, that is something that I keep saying. Its easy to make such comments when you are in opposition.

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Post by walrusgumble » Wed Jun 01, 2011 3:51 pm

Morrisj wrote:never mentioned Nationality,i said foreigners either muslims from palestine or Nigerians.I also asked u regarding those people u helped,what were d serious serious evidence and financial blablabla u used?u said at 1st u help 3 but later u said Tds helped d other,looking at d case of Ugbo or Ugbolease ur story on how u helped those people is not true,if its true then il call that "Partial processing of applications" Dude stop ur lawyer wannbe cos u il end up in the street arguing like a lady .Best of luck

if you are going to ask a question, don't go bla bla bla.

Documents used.

3-5 pieces of proof of residence for each year, joint utility bills, joint bank accounts, joint insurance, evidence that they owned a business together, evidence that they have meet each other's parents.

I made submissions and advised what docuements to get. Therefore I made the application. Three different cases. 2 cases completely off my bat. One, which I already stated, I only advises/suggested what to do. Their case was shi*te but to my surprise, they won. It was clearly with the help of their local politican who represents her in the Dail (1 TD not TDs)

Who is "Ugbo or Ugbolease"?

I have a law degree and Masters, I never suggested that I was a lawyer (though techinically I am - But in Ireland Lawyer is considered solicitor & Barrister) How about actually commenting on what I actually said and not what you wished I said.


"arguing like a lady" My my that sounds very sexist




Stop being a retard.

Morrisj
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Post by Morrisj » Wed Jun 01, 2011 4:39 pm

walrusgumble wrote:
Morrisj wrote:walrusgumble



What has the Irish in America got to do with it? What does it achieve? I for one am against tbreaking laws. What America does is there business (I keep asking about your country because i would be certain enough, that like Ireland, your people are not in a position to pontificate) Lets actually ask the more important question: THere is a major difference with illegal irish in the US and other illegal nationalities such as Mexicans in the eyes of the US. There is also a major difference between Irish illegals in the US and illegal non Irish in Ireland. Why there is such a public acceptance / happiness of politicians to assist the illegal irish cause in the American Political Houses? It can't be because many US politicans are half Irish,. It cant't be the old predictable skin colour shi*.
http://www.immigrationboards.com/viewto ... c&start=60

thats the link u said a different thing abt illegal Irish in America

http://www.kildarestreet.com/debates/?i ... 0-06.241.0

thats another link for you to read,u can cure ur madness with it, its really a good remedy i strongly recommend it for u

Is there any need pasting the link cos i was provoked and even went to the Internet cafe before i was able to get this.....Now check the above statement u made at the start of this topic and the one u made now................ u know what u just made me believe all this while i have been arguing with a psycho that cant even keep up with discussion previously made or did u forget so soon,u made such statement?

Shame on youse giving Ireland a bad name and image

U r the retard cos u keep up with too many blind argument and doh... wasn't referring to Obama's visit you fool,check how the ministers solicited for illegal Irish in America to be given status...(from the second link i posted and check what shatter said about it)

U know what how did u manage to have a degree in law,I dnt believe u anymore.

Ohh the case was weak and yet they won?cos u helped them or what? Ugbo or Ugbolease are names of court cases and u know what u r very cunny, now u r telling me u used Joint account blablabla not very serious serious serious evidence or financial blabla anymore(those people u helped were they illegal and were they non eu?cos i was wondering how they managed to get joint insurance ,joint account if the non eu spouse was supposed to be illegal(undocumented) u said earlier,tho am a bit skeptical if this story is true,were those people having any kids?or just simply because u helped them?so r u saying u didn help the 3rd person but directed them on the documents to use??why didn u collect the quid as u said off them?because from knowledge,i think quid is too small for that,lawyers will take a 1000 eur for that Mr good Samaritan AKA lawyer wannabe

My prayer...........u dnt become a Judge cos u will ruin the life of many people and pray to God to cleanse every wicked and cunny thoughts on your mind.

Peace be with u dude AKA lawyer wanna be.
degree in law my feet

God bless Shatter
please when u r less busy read the link below

http://www.kildarestreet.com/debates/?i ... 0-06.241.0

shame on u
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Morrisj
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Post by Morrisj » Wed Jun 01, 2011 5:33 pm

http://www.kildarestreet.com/debates/?i ... 0-06.241.0

I strongly recommend that link for you to read Mr Walsg. (conversation between Dermot and Shatter regarding Immigration/Residence Bill)

Sorry dude just want your madness to get cured b4 getting worse
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Post by walrusgumble » Wed Jun 01, 2011 10:50 pm

Morrisj wrote:http://www.kildarestreet.com/debates/?i ... 0-06.241.0

I strongly recommend that link for you to read Mr Walsg. (conversation between Dermot and Shatter regarding Immigration/Residence Bill)

Sorry dude just want your madness to get cured b4 getting worse
i am well aware what shatter says.he is consistent.is it what his colleges in fg think?do a majority of the irish population agree?i accept he is genuine.but what is said in opposition & government are two different things.we are already seeing u turns in the government.that bill wont see the light of day for another 2 years. shatter might be gone by then.its too early to judge him. sure even rock star obama has not lived up to his promises.what madness? i need no curing nor should a country bend down to a minority.

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Post by acme4242 » Wed Jun 01, 2011 11:39 pm

walrusgumble wrote:i am well aware what shatter says.he is consistent.is it what his colleges in fg think?do a majority of the irish population agree?i accept he is genuine.but what is said in opposition & government are two different things.we are already seeing u turns in the government.that bill wont see the light of day for another 2 years. shatter might be gone by then.its too early to judge him. sure even rock star obama has not lived up to his promises.what madness? i need no curing nor should a country bend down to a minority.
Can you please clarify if you mean there should be no such thing as Justice and Equality ?

You seem to suggest a country should not bend down to a minority of its
own citizens to remove unjust discrimination, in such cases that they have
non-EU family.

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Post by walrusgumble » Thu Jun 02, 2011 12:02 am

acme,justice:should people who infringe immigration rules or find loopholes,despite been given lawful deportation orders be rewarded?should we have tolerated the cheapening of our citizenship with people who didn't even have 1 year residence before birth of child.equality: should people who are on work permits be treated less favourably because they came legally but have no kids?(ie full access to work,no sw,and guarantee residence) justice n equality is applied on basis of majority rule.let them get status first then have family, and not hide behind a family law provision ,(that is not there) when they have no other alternative.echr have confirmed that btw.no individual overrides the rights n welfare of a state.that is the reality.article 8.2 of echr makes that clear.clarification, i am referring to long term illegals and those who had deportation orders in place before starting a family. is it discrimination to treat some one differently when they don't comply with the law?

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Post by walrusgumble » Thu Jun 02, 2011 12:37 am

morris,

you made a comment out of the blue (Irish Americans) & did not make yourself understandable. So its your fault. Neither did you select any quote from me. Your English is not great and it's hard to understand your comments as you give yourself little writing space. So to suggest that I can't hold an argument is rather retarded. You just have nothing to say back.

your trying to make a point,it is for you to provide links and not me. So yes, when one makes a statement that is not knowledge that we already know / made up stories, links to that story or cited the place we can find the information ourselves.

what i said about the irish in america,in those 2 posts are consistent. There is nothing different in them. Irish Born Politicans who are representing in Ireland should not be dictating to another country how it should do things. It should not be seeking favourable treatment of the Irish in the States. That is the basis of what is said in the second comment.

However, this canvassing does occur, by both Irish Elected Politicans and the Established Irish Amercians in US.

The 1st Comment which you retrieved, asked the question, why is it the case that the Irish are treated differently. The second Comment, partially answered that, Established Legal Irish Americans have a formiddable but small influence in American Affairs, and pump lots of money into the Republican and Democrat Parties. Many Politicans have Irish blood. Its a good source of guaranteed votes. Obama is tapping that now by coming to the "auld country". As for any other reasons, you have to ask Amercians.

In comparision to the immigrants in Ireland, they don't have that influence, pressure groups or power that the Illegal Irish have in America. Ireland does not have an immigration history. That is, partially, why the situation in America and Ireland are different.


I don't expect you to be intelligent enough to understand this, or understand that there is nothing different in what was said, but at least others who read it will understand.

Regarding the hopeless case, no, I suggest made suggestions, they made the case, and they sought the help of a TD. THe TD swung it for them. I never claimed or take any credit. There were three cases, you have nothing to say about the other two did you? 2 + 1 = 3.

You have shown to be a liar and your someone who makes things up, in order to make a point. I have been accurate with my suggestions/advice/statement of fact on Irish law.you have no grounds to suggest the qualifications on my wall are fake. Not every country extensively uses false documents.your the one with the credibility issue.me,

wannabe lawyer? eh no there's little money in it.your probably just a bitter wannabe resident on the brink of being removed or not allowed in. You should show some humanitity.

we are off topic,pm if you wish to discuss this. if not go back to sleep.


Funny, considering your pal Shatter disccussed the Bill, which quite a bit every one with a brain who agrees which much, (other areas) shatter, who quotes the ECHR, seems to forget what ecthr actually says on article 8 of echr! wonder will shatter delegate his "excessive" discretion and tolerate a committee telling him what to do, now that he is Minister?doubt it
Last edited by walrusgumble on Thu Jun 02, 2011 10:56 am, edited 3 times in total.

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Post by walrusgumble » Thu Jun 02, 2011 12:42 am

acme4242 wrote:
walrusgumble wrote:i am well aware what shatter says.he is consistent.is it what his colleges in fg think?do a majority of the irish population agree?i accept he is genuine.but what is said in opposition & government are two different things.we are already seeing u turns in the government.that bill wont see the light of day for another 2 years. shatter might be gone by then.its too early to judge him. sure even rock star obama has not lived up to his promises.what madness? i need no curing nor should a country bend down to a minority.
Can you please clarify if you mean there should be no such thing as Justice and Equality ?

You seem to suggest a country should not bend down to a minority of its
own citizens to remove unjust discrimination, in such cases that they have
non-EU family.
acme, regarding shatter, its too early to comment on shatter.due to economic problems and public attitude with immigration,non eu,he might have no choice but to continue the policies of ff.

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Post by acme4242 » Thu Jun 02, 2011 12:50 am

walrusgumble wrote:acme,justice:should people who infringe immigration rules or find loopholes should be rewarded?should we have tolerated the cheapening of our citizenship with people who didn't even have 1 year residence before birth.equality: should people who are on work permits should be treated less favourably because they came legally but have no kids? justice n equality is applied on basis of majority rule.let them get status first then have family, and not hide behind a family law provision,that is not there.
creating 2nd class Irish Citizenship is not acceptable.

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Post by walrusgumble » Thu Jun 02, 2011 1:16 am

acme,i know,bad treatment of the homeless,the sick,elderly,people with disabilities,and travellers should not be tolerated in ireland.

those you are talking about have / had a choice.some abuse the system and hid behind the privision of family protection.

if a couple dont take the vow,"for better or worse" seriously,even when there's a potential risk of having to live else where, why marry? THe vows are not, "for better and worse, but if your deportation order is implemented, I am not coming with you". For adults, their own problems are there own making, this notion of "second class citizen" is self inflicted".

the ecthr & ecj (adults.mccarty) suggest contray to your suggestion of "second class citizens".

the rules should be in legislation though.It would be interesting to see then how many marriages occur if the current policy is put into legislation.

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Post by Morrisj » Thu Jun 02, 2011 2:45 pm

pm you?for what?to get more shit from u?nah my inbox cnt take ur shit.I read ur post as of today this afternoon but looking at it again,i saw a new edition of some strange words i didn see there b4,its like something created anger in u and son do u want to know what that something is?Its called PRIDE,get rid of it son.U finally admitted Shatter is genuine,genuine man ammending a bill introduced by d opposite(fake including u)How is that?Illegal Irish or illegal non eu Illegal is Illegal.pm you?hahahahahah
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Post by walrusgumble » Thu Jun 02, 2011 3:11 pm

Morrisj wrote:pm you?for what?to get more shit from u?nah my inbox cnt take ur shit.I read ur post as of today this afternoon but looking at it again,i saw a new edition of some strange words i didn see there b4,its like something created anger in u and son do u want to know what that something is?Its called PRIDE,get rid of it son.U finally admitted Shatter is genuine,genuine man ammending a bill introduced by d opposite(fake including u)How is that?Illegal Irish or illegal non eu Illegal is Illegal.pm you?hahahahahah
Because it's unfair for other immigrants having to witness such stupidity from you. It is getting me and you know where and its going off topic. By all means please do feck off and jump a cliff. You are demented if you honestly think that i would respond to any of your pm's.

Strange words? really? You should read more.

Yes, I edited my response from last night as I was not on my computer and grammer wise, it was not great. It was all bunched in. God forbid you have an incapability to read clear statements, the edit was for your convenience.

It was edited so that it was far more clearer and with little room for people like you to misunderstand it or object. Many people here and in other boards actually edit their comments. There was more addition as oppose to deletions or changes. The edited version is merely an addition so what was said early is still there.


Its never a good idea for an immigrant to refer to a national as "son", who the hell do you think you are? Answer what was actually said you tosser.

Pride what? What are you shiting about now? Do you know what full stops are? People won't tolerate the country for being taken for granted anymore, whether you are Irish or not. You better get use of it. Now feck off, because you are a waste of space.

Point out where I suggested that Shatter is not genuine. Is this another inaccurate comment you are going to make without backing it up. ? What I said was and do, is that he is only one man and he is not a dictator. He needs more than himself to change policies.

Provide evidence that Shatter has amended the Bill? We won't see that Bill for another while. Now, go and educate yourself as to how legislation is made.


"Illegal Irish or illegal non eu Illegal is Illegal"

I agree, therefore they should not be rewarded by finding loopholes or hiding behind the institute of family , nor should they be canvassing politicans for assistance.

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Post by geriatrix » Thu Jun 02, 2011 4:05 pm

May I request that we put an end to the war of words, and stick to the subject of the topic. Also, do not lose respect for others when disagreeing with someone else's point of view or opinion.
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Post by Obie » Thu Jun 02, 2011 11:00 pm

Thanks to Zambrano, the notion of 2Class Irish citizen will cease to exist. The fundamental rightof all Irish citizen will be respect. People who want to take us backwards are really and truely in a dream world. Zambrano is here for the maintainance and sustainance of genuine family, it shall not be moved
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Post by Morrisj » Fri Jun 03, 2011 9:13 am

Zambrano is clear apart from genuine clarification like if the right of d non eu parents will cease when d Irish minor is over 18. Clarification like what Muttsnut said..1 parent having status and d other parent not having...thats not a reasonable clarification cos d situation of one parent not having status and d other having status resulted mainly 4rm Dermot's bill and what was Zambrano Ruling?Preclude national measures.Dermot's bill was domestic
am posting this as info dnt need any un-invited argument
Last edited by Morrisj on Fri Jun 03, 2011 9:56 am, edited 1 time in total.
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Post by ImmigrationLawyer » Fri Jun 03, 2011 9:40 am

Obie wrote:Thanks to Zambrano, the notion of 2Class Irish citizen will cease to exist.
I agree. It is just sad that our beloved Bunreacht na hÉireann was not used to vindicate the rights of it's citizens, but a foreign instrument.

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Post by walrusgumble » Fri Jun 03, 2011 6:34 pm

ImmigrationLawyer wrote:
Obie wrote:Thanks to Zambrano, the notion of 2Class Irish citizen will cease to exist.
I agree. It is just sad that our beloved Bunreacht na hÉireann was not used to vindicate the rights of it's citizens, but a foreign instrument.
that was because a majority of our supreme court in 2003(and previosly in the 1980's involving chinese nationals) viewed the situation occuring as an attack on bunreacht na heireann.article 41 didn't work for irish families before (ie not absolute) why would it for them?i am sure your familar with judge hardiman's sentiments.the majority people (who voted n our 2 main parties) changed article 9,in 2004, to stop this happening again and allow for new restrictions on citizenship in the future.some coincidence our airports n maternity wards got a fraction bit quieter.yes its great that eu interfere in an area it has no legal right for and ignore the previous democratic wishes and acceptance of the people of one country.

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Post by walrusgumble » Fri Jun 03, 2011 6:44 pm

Morrisj wrote:Zambrano is clear apart from genuine clarification like if the right of d non eu parents will cease when d Irish minor is over 18. Clarification like what Muttsnut said..1 parent having status and d other parent not having...thats not a reasonable clarification cos d situation of one parent not having status and d other having status resulted mainly 4rm Dermot's bill and what was Zambrano Ruling?Preclude national measures.Dermot's bill was domestic
am posting this as info dnt need any un-invited argument
zambrano prevents removal of a child because neither parent can stay.it never said a right to both parents.if one parent can stay there's nothing preventing child from staying.most parents got status by 2008.those who didnt,there's a legtimate question of why one parent was still not legal n whether they were that bothered when the child was born.most of the cases that came before the court inolved fathers who came over after 2005.the child being at least 1 years old

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Post by leonex4t5 » Fri Jun 03, 2011 9:13 pm

walrusgumble wrote:
Morrisj wrote:Zambrano is clear apart from genuine clarification like if the right of d non eu parents will cease when d Irish minor is over 18. Clarification like what Muttsnut said..1 parent having status and d other parent not having...thats not a reasonable clarification cos d situation of one parent not having status and d other having status resulted mainly 4rm Dermot's bill and what was Zambrano Ruling?Preclude national measures.Dermot's bill was domestic
am posting this as info dnt need any un-invited argument
zambrano prevents removal of a child because neither parent can stay.it never said a right to both parents.if one parent can stay there's nothing preventing child from staying.most parents got status by 2008.those who didnt,there's a legtimate question of why one parent was still not legal n whether they were that bothered when the child was born.most of the cases that came before the court inolved fathers who came over after 2005.the child being at least 1 years old

walrusgumble, i disagree with you on that one. zambrano prevents member state from any decision that will will deprive EU minors of the genuine enjoyment of the substance of the rights attached to the status of European union citizen. also if the non eu parent and the eu parent live together as a family, then zambrano strenghtens family life in the sense that a decision to remove the non eu parent will effectively force the EU spouse and their EU MINOR CHILD to move. otherwise the member of sate will not be in accordance with the article 8 rights guaranteed under ECHR.

Also there are so many cases like where the EU parent is on drugs? prison? not capable of taking parental responsibility, also where the EU parent cease from looking after the child.

For example, although i have a very good chance of getting a leave to remain on exceptional grounds, my situation makes zambrano stronger.
im from non EU country, my wife and my daughter are both british, i wife is disabled and cant physically do much, my bath my daughter, feed my daughter, make dinner, basically i am my partners carer. and the one responsible for our daughter. so right now if i decide to put to the member of state that i have a british child and my removal will force my daughter and wife to move with me. Question for you Walrusgumble? acting in accordance to the EU law and ECHR Law, what will be the decision.

so what i am trying to point out is, the only way zambrano will not apply to a non eu parent, is if there is no durable relationship between them and the child. because the eu partner can decide to make a presentation that she cease to care for the child because of psychological issues.

because i know many EU parent that are in good relationship with the non eu parent of their child can saying anything to keep the contact between their child and their non eu parent.
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Post by walrusgumble » Sun Jun 05, 2011 11:03 pm

leonex4t5 wrote:
walrusgumble wrote:
Morrisj wrote:Zambrano is clear apart from genuine clarification like if the right of d non eu parents will cease when d Irish minor is over 18. Clarification like what Muttsnut said..1 parent having status and d other parent not having...thats not a reasonable clarification cos d situation of one parent not having status and d other having status resulted mainly 4rm Dermot's bill and what was Zambrano Ruling?Preclude national measures.Dermot's bill was domestic
am posting this as info dnt need any un-invited argument
zambrano prevents removal of a child because neither parent can stay.it never said a right to both parents.if one parent can stay there's nothing preventing child from staying.most parents got status by 2008.those who didnt,there's a legtimate question of why one parent was still not legal n whether they were that bothered when the child was born.most of the cases that came before the court inolved fathers who came over after 2005.the child being at least 1 years old

walrusgumble, i disagree with you on that one. zambrano prevents member state from any decision that will will deprive EU minors of the genuine enjoyment of the substance of the rights attached to the status of European union citizen. also if the non eu parent and the eu parent live together as a family, then zambrano strenghtens family life in the sense that a decision to remove the non eu parent will effectively force the EU spouse and their EU MINOR CHILD to move. otherwise the member of sate will not be in accordance with the article 8 rights guaranteed under ECHR.

Also there are so many cases like where the EU parent is on drugs? prison? not capable of taking parental responsibility, also where the EU parent cease from looking after the child.

For example, although i have a very good chance of getting a leave to remain on exceptional grounds, my situation makes zambrano stronger.
im from non EU country, my wife and my daughter are both british, i wife is disabled and cant physically do much, my bath my daughter, feed my daughter, make dinner, basically i am my partners carer. and the one responsible for our daughter. so right now if i decide to put to the member of state that i have a british child and my removal will force my daughter and wife to move with me. Question for you Walrusgumble? acting in accordance to the EU law and ECHR Law, what will be the decision.

so what i am trying to point out is, the only way zambrano will not apply to a non eu parent, is if there is no durable relationship between them and the child. because the eu partner can decide to make a presentation that she cease to care for the child because of psychological issues.

because i know many EU parent that are in good relationship with the non eu parent of their child can saying anything to keep the contact between their child and their non eu parent.


walrusgumble, i disagree with you on that one. zambrano prevents member state from any decision that will will deprive EU minors of the genuine enjoyment of the substance of the rights attached to the status of European union citizen. also if the non eu parent and the eu parent live together as a family, then zambrano strenghtens family life in the sense that a decision to remove the non eu parent will effectively force the EU spouse and their EU MINOR CHILD to move. otherwise the member of sate will not be in accordance with the article 8 rights guaranteed under ECHR.

Also there are so many cases like where the EU parent is on drugs? prison? not capable of taking parental responsibility, also where the EU parent cease from looking after the child.

For example, although i have a very good chance of getting a leave to remain on exceptional grounds, my situation makes zambrano stronger.
im from non EU country, my wife and my daughter are both british, i wife is disabled and cant physically do much, my bath my daughter, feed my daughter, make dinner, basically i am my partners carer. and the one responsible for our daughter. so right now if i decide to put to the member of state that i have a British child and my removal will force my daughter and wife to move with me. Question for you Walrusgumble? acting in accordance to the EU law and ECHR Law, what will be the decision.

so what i am trying to point out is, the only way zambrano will not apply to a non eu parent, is if there is no durable relationship between them and the child. because the eu partner can decide to make a presentation that she cease to care for the child because of psychological issues.

because i know many EU parent that are in good relationship with the non eu parent of their child can saying anything to keep the contact between their child and their non eu parent.
quote]


Since that you sre citing \article 8 of \echr, may I suggest that you actually read what the ECtHR actually say about Article 9 of ECHR. The ECtHR tkes a far harsher attitude to family members of non eu citizens. You are in for a very rude awaken.

Whilst the \\ecj makes it harder to allow a member state from removing s person who has committed crime, it is absolute border line stupidity and boulderdash to suggest that either ECtHr and ECJ completely prohibits a member state from acting. The member states have discretion and leeway in considering what is in the interest of public policy and public safety.

The EctHr is a case by case situation, and it has prohibited a situation where a non eu person committed extremely serious crime. But, Those people lived most if not all their life in the country of origin.

“Also there are so many cases like where the EU parent is on drugs? prison? not capable of taking parental responsibility, also where the EU parent cease from looking after the child.



Also there are so many cases like where the EU parent is on drugs? prison? not capable of taking parental responsibility, also where the EU parent cease from looking after the child

Are you seriously suggesting that imprisoning a a person is in violation of Article 8?.

There is so many cases? Why the hell should the ECJ protect such a family? If they re not capable of carrying out their parental responsibility, it completely shits on the argument that the state must consider the best interest of the child.

IT would be a very strong round for family law courts to refususe to a grant an order of access or guardianship.

IT THEN completely destroys the argument that there is a genuine barrier from allowing the child to enjoy eu rights, it pure drivel. There is no chance of getting a job if there is a criminal record. Child will be on social, I suppose the State is responsible for that too? In breach of some made up rights?

If you are going to put an answer foward please get your facts right. (ie correct interpretation of ECtHR)


You sidFor example, although i have a very good chance of getting a leave to remain on exceptional grounds, my situation makes zambrano stronger.
im from non EU country, my wife and my daughter are both British, i wife is disabled and cant physically do much, my bath my daughter, feed my daughter, make dinner, basically i am my partners carer. and the one responsible for our daughter. so right now if i decide to put to the member of state that i have a British child and my removal will force my daughter and wife to move with me. Question for you Walrusgumble? acting in accordance to the EU law and ECHR Law, what will be the decision.

Take Zambrano away. You mentioned “exceptionl circumstancesâ€
Last edited by walrusgumble on Wed Jun 08, 2011 8:01 am, edited 1 time in total.

leonex4t5
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Post by leonex4t5 » Mon Jun 06, 2011 9:01 am

walrusgumble.

you have completely gone of my point and question, not in a rude way but i ll clarify my points and question.

Firstly i do not live in ireland. i live in uk, with my wife and my child all british, so chen don't apply.

Secondly, i was not refused a refuge status, i did say my application is PENDING(in process) application only 2weeks old.

Thirdly “Also there are so many cases like where the EU parent is on drugs? prison? not capable of taking parental responsibility, also where the EU parent cease from looking after the child". you answered a completely different thing. if an EU PARENT go to prison or anyone of the above, how does that reduces the rights of the non eu parents and thier minor kids? obviously when the EU is out of the picture due to the above reasons and the non eu parent is fully responsible for the child, then zambrano apply.

and Lastly i lived in my country of origin for 18years it is the safest place for ME to live in. the exceptional case refered is that my wife has severe disability, and the provision made by UK would make family life enjoyable for her than in my country of origin. therefore it is not in my daughters best interest to accompany e away from the uk, and my partner would be deprived og geniue enjoyments gained from being a bruitish citizen if she moves with me. I am her primary carer, and i look after my daughter. thats my exceptional circumstance.

Without Zambrano, i got a fantastic chance of gaining leave to remain. With Zambrano, An automatic chance.

To conclude this, the main reason i disagreed with you in the first place, was you state of if one parent is an EU and the other is non EU, zambrano won't apply. i disagreed with that and gave you reasons why it will apply, and also would it be reasonable to slit the family? NO, but ofcos article 8(2) gives the member state something to hold,(national security,public policy, economic well-being of the country).
having said that the judgement of ZH(tanzania) finds that no individual one of the permissable aims by a member of state should overwiegh the BEST INTEREST OF A CHILD. CHILD'S BEST INTEREST is the primary considiration, Although it can be overwiegh by a combination of many permissible aim listed in article 8(2).

i have read many of your arguements with others, and although i always saw you point, but you mix up the law and your feeling of how things should be. Read obout the ZH(tanzania) and yu would see that Laws guides everyone even criminals. personally i love justise and hate to see a criminal win, but in reality we have to embrace the law. Remember before recent judgements, We all accepted the laws, We all have to accept it right now aswell.
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Post by walrusgumble » Mon Jun 06, 2011 8:02 pm

leonex4t5 wrote:walrusgumble.

you have completely gone of my point and question, not in a rude way but i ll clarify my points and question.

Firstly i do not live in ireland. i live in uk, with my wife and my child all british, so chen don't apply.

Secondly, i was not refused a refuge status, i did say my application is PENDING(in process) application only 2weeks old.

Thirdly “Also there are so many cases like where the EU parent is on drugs? prison? not capable of taking parental responsibility, also where the EU parent cease from looking after the child". you answered a completely different thing. if an EU PARENT go to prison or anyone of the above, how does that reduces the rights of the non eu parents and thier minor kids? obviously when the EU is out of the picture due to the above reasons and the non eu parent is fully responsible for the child, then zambrano apply.

and Lastly i lived in my country of origin for 18years it is the safest place for ME to live in. the exceptional case refered is that my wife has severe disability, and the provision made by UK would make family life enjoyable for her than in my country of origin. therefore it is not in my daughters best interest to accompany e away from the uk, and my partner would be deprived og geniue enjoyments gained from being a bruitish citizen if she moves with me. I am her primary carer, and i look after my daughter. thats my exceptional circumstance.

Without Zambrano, i got a fantastic chance of gaining leave to remain. With Zambrano, An automatic chance.

To conclude this, the main reason i disagreed with you in the first place, was you state of if one parent is an EU and the other is non EU, zambrano won't apply. i disagreed with that and gave you reasons why it will apply, and also would it be reasonable to slit the family? NO, but ofcos article 8(2) gives the member state something to hold,(national security,public policy, economic well-being of the country).
having said that the judgement of ZH(tanzania) finds that no individual one of the permissable aims by a member of state should overwiegh the BEST INTEREST OF A CHILD. CHILD'S BEST INTEREST is the primary considiration, Although it can be overwiegh by a combination of many permissible aim listed in article 8(2).

i have read many of your arguements with others, and although i always saw you point, but you mix up the law and your feeling of how things should be. Read obout the ZH(tanzania) and yu would see that Laws guides everyone even criminals. personally i love justise and hate to see a criminal win, but in reality we have to embrace the law. Remember before recent judgements, We all accepted the laws, We all have to accept it right now aswell.
I have not. your comments regarding echr and article 8 is a clear indication of your lack of knowledge of the area you purport to speak about.

you have made quite a few more comments that are completely incorrect and until they are corrected, should not be entertained any further. it is not rude to demand that you stop talking nonsense and actually know what you are talking about.
Last edited by walrusgumble on Wed Jun 08, 2011 8:02 am, edited 1 time in total.

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Post by leonex4t5 » Mon Jun 06, 2011 8:15 pm

well clearly, you got nothing to say, i should have realised earlier that no one speaks to you. all my point was, don't be giving negative advise to people. last comment! peace!
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