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http://www.irishtimes.com/newspaper/ire ... 35259.htmlDirective/2004/38/EC wrote:Can you provide more information about IBC and what the decision was?
Dr. K wrote:IBC (Irish Born Child), before 2005 children of Non-EU parents, who born in Northern or Southern Ireland are Irish Citizens, but Govt. of Ireland pronounce them Irish Born Child instead of Irish Citizen Child.
In 2005, Ireland annouce IBC scheme, which was for Non-EU family, mainly parents of IBC to apply Irish Residency. 17000 people applied and 16000 got residency through the IBC Scheme 2005.
People who got refused with childish reasons, won there cases on High Court and later in Supereme Court of Ireland against Dept. of Justice in May 2008.
Ireland is become first country who is not respecting his own Supreme Court Ruling/Decision. My family is also victim of the system.
From 1000 people, only few got residency after supreme court decision in may 2008. Dept. of Justice has no reason to delay but they are delaying or not giving.
yes of course i understand your flight. i would strongly recommend that your solicitor send another letter. this letter should set out the case in full, and the dates that you made previous correspondences. Maybe your solicitor should pursue mandamus proceedings in the High Court? (where one is waiting for over 1 year - undue delay) alternatively, make an updated leave to remain application clearly stating that its a renewal of the first one. if the letter tells you to send it to PO Box 10003 dublin 2 send it, as that is really the old ibc unit, they will deal with it quicker than repatriation unit.Dr. K wrote:Dear walrusgumble,
Thanks for your detailed reply.
I was a student when my baby born in N.Ireland in 2004 and I never leave common travel area since then.
I never apply for asylum, I submit my original documents (Medical Degrees, Passports and others) with my Residency Application through IBC Scheme in March 2005. DOJ never return my originals and holding since Mar 2005. Later they said that they returned through registered post in Oct 2005, but did not provide tracking number or any information about the receiver. Hopefully they lost.
My child is now 4+ and in school. We appealed against refusal of our IBC application but got no reply and receive Section 3 letter in April 2008 (20 days before supreme court decision). We did appeal against section 3 letter but got no reply.
We did request several times to DOJ through our solicitor and personally but got no attention even no acknowledgement.
I request to Mr.Brian Cowen, he forwarded my request to DOJ two months ago. My mother passed away in between and I did request again to Minister of Justice for permission to Travel and return to attened funeral but they even did not acknowledge my request.
When my solicitor did request last month to DOJ, he receive reply that we are illegal in this country and already got section 3 letter.
My child holding Irish Passport, we are not asylum seeker and we have no criminal record.
Hope you will understand my situation and will advice accordingly.
Regards
your living in the republic? did you provide proof of this in the application. get your solicitor to write a reminder lette again. what month in 2008 did you send the application, it is only after 1 year + that court consider the minister is delaying. Minister has discretion and only needs to show that after considering all relevant information, he has properly given adqeuate and proportionate reasons for refusing. I understand you are anxious to get sorted and it seems that you might have a decent to strong case, i would hang on to solicitor for a while. minister, in light of current times, might be doing you a favour in not giving a decision yet. longer he takes the harder it might be to refuse you status., think of the long term goals as oppose to short term. but a least get in contact with the minister. i would assume your solicitor would have considered looking at high court proceedings b now, so give him some credit. (mandamus) (easy chance of money for him if he/she wins)Dr. K wrote:Thanks for giving attention and reply.
My first Residency Application was on time (march 2005) with all revelent documents, proofs and information, which they refused that I was in N.Ireland not Rep of Ireland, there was no other reason.
We appealed on time but never receive any reply. After several years (2008) they sent Section 3 letter and we did appeal within 15 working days but receive no reply.
I am continously working in a hospital (honorary) since 1997. I have a strong letter from hospital, which clearly says they want to hire me. I am also doing TRAS to become a registered doctor in Ireland. I am on state benefits. My daughter is a student now.
My history is full of evidence that I am living here and I have submitted all proofs from time to time.
I am seriously thinking to change my solicitor and need your valuable guidance in this matter too.
Regards
yahoo is right. it would not be a great idea to rock the boat. because the minister might get snooty about the fact that one was away from family for 1-2 years (wife got status in 2005 the person above came in 2007) at least with passing of time one would be in ireland with an equal to longer period of time than away from family.Yakoo wrote:D k
I am in a similar situation and I know a few other fathers of Irish Born child who have not been given leave to remain in Ireland, however your own situation seem to be more dire. I arrived in Ireland in 2007 although my wife was granted leave to remain under the 2005 IBC scheme.
However I think the longer it takes for the Minister to take a decision on your case, the brighter your chances of a positive response.
The fact that you have not been served with a deportation letter itself could be seen as a light in the tunnel.
please be patient