John Tagni v the Minister for Justice

[archigabe]

Last Friday, the High Court in Ireland delivered its judgement in the case of John Tagni v the Minister for Justice, Equality and Law Reform, where a judicial review was sought on this issue. The applicant is represented by Brophy Solicitors.

Judge John Edwards found that the six-month time frame allowed under EU law for the Minister to decide an application was mandatory in all cases. The judge found that, even where the Minister is uncertain about the nature of an application but the applicant has provided all the required documentation, the residence card must be granted within the six month period. A residence card can be revoked in cases of fraud.

While the judge also stated that there was no time limit in respect of reviews of decisions to refuse an application for a residence card, a period of consideration of more than three months would generally constitute an unreasonable delay. The EC is currently dealing with a number of complaints from people who have been waiting more than a year for a final decision on their application for a residence card.

http://www.immigrantcouncil.ie/newslett ... .php?id=75

[sovtek]

Would it also not follow logic that 2 and 3 years for other decisions were an unreasonable delay? I wonder if there has been anyone taken to the High Court based upon that?

[walrusgumble]

Would it also not follow logic that 2 and 3 years for other decisions were an unreasonable delay? I wonder if there has been anyone taken to the High Court based upon that?

Are you talking about citizenship and long term residency applications which are provided under Irish immigration law?

There have been several cases over the years which have been brought before the courts, many never got heard and were settled. However, in 2009, two cases, one for long term and one for citizenship came before the courts. The judges will no longer give orders against the minister and costs to the applicant if there is no evidence of unfair actions by minister (court accept department do a first in first out proccess and recognise that its dealing with approx 10,000 citizenship applications at the mo) (of course waiting 3-4 years will be one a good case!)

Also the doctine of separation of powers may preclude a court from determining how money should be allotated in a government department.

You need to show to the minister how the delay will cause prejudice and why your case should be prioritised. this might be difficult because of the nature of their current status,it may be highely unlikely they will be a treat of lossing their immigration status, though, with people applying for ltr (therefore on work permits) they maybe at risk if they loose their job BUT can somehow easily get another one BUT may be precluded from taking it as they may require a work permit/green card (which there is barely a cat in hells chance of getting now)


You can, I think find these cases on courts.ie
Nawaz June/July 2009 Judge M H Clark
The matter is, the si month rule is clearly expressed in the european laws, unlike that for citizenship and ltr which is exclusively under irish rules.