Applied for EU Treaty Rights - negative immigration history

[catussa]

HI everybody,

hope some people can help or advice.
My husband (EEA national) and I (German citizen) got married in July 2008. When we got back from our wedding in Denmark, my husband was sent back to Denmark, because they found out at the Immigration Desk in the Airport that he overstayed 5 months with his student visa and worked illegally (they apparently can see tax payments). This was all recorded in his computer file (GNIB case). I had a horrible time sorting his case by speaking to different authorities and they admitted that an error was made and the fact that he overstayed etc. wouldn't waive his right for free movement as an EU citizen.
2 weeks later he was in ireland again and received 1 month later his STamp 4 (after pressuring them and pointing out the EU treaty rights at the immigraiton burgh quay).
My husband has now a big cross on one page of his passport, signed by the immigration officer in dublin airport.
We applied in August for the EU treaty rights and are still awaiting their response (6 months are gone on the 21st February) and are really affraid that his negative immigration history has an impact on the decision of the Dept of Justice in regards to our Visa application.
Now two questions, it would be great if someone could give advise or point me in the right direction:
Can the department of justice refuse our application due to his negative immigration history? Does the Dept of Justice have access to Immigration (GNIB) case files? Do the rights as an Eu citizen overrule his negative immigration history?
Further more did anybody ever appeal against an EU Treaty rights application? And would that make sense in our case if we received a negative answer?

thanks so much for any replies!

[catussa]

Oh my god cannot believe it. My mother just called me and told me that we received a positive reply from the Dept of Justice this morning!! What a relief!! And they met actually the 6 month deadline!

Good luck to everybody still waiting on the reply!!

[Directive/2004/38/EC]

Where is your husband from? You say an EEA country, but that does not make any sense. Why was he sent back to Denmark? Were you travelling together at the time?

You can definitely appeal Irish decisions with regard to family members of EU citizens. It is a very explict part of the law. In fact the GNIB recently lost an important case at ECJ with European wide implications.

[catussa]

HI Directive...
confusion, I meant he is non EEA national...but I guess they still acted against the law treating him like that and sending him back. We actually though about claiming his expenses back, but do not know whether the expenses to be claimed back would cover the lawyer expenses...so .

Rgds

[Directive/2004/38/EC]

HI Directive...
confusion, I meant he is non EEA national...but I guess they still acted against the law treating him like that and sending him back. We actually though about claiming his expenses back, but do not know whether the expenses to be claimed back would cover the lawyer expenses...so :(.

I would definitely claim back all expenses (for flights and for his time in Denmark, including lost work time). They broke the law by not admitting him and you can, under European law, ask for damages.

No need to get a lawyer involved unless they do not pay. But remember to make clear to them that you are entitled to compensation under European law and (nicely!) threaten them with further legal action unless they pay compensation promptly.