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MidnightHawk wrote:I called at end of March '11 and were told my file was sent to the minister in middle of March and was told decision should take 4-6 weeks. That deadline has now passed (almost 11 weeks since the date sent) and still no answer.
I spoke to them recently again and all that the (friendly) women could tell me is that it hasn't been sent back and that I'd need to wait another 4-6 weeks.
I saw in SCRUDU's spreadsheet that some individuals (applying on basis of 5 years w/work permit) got a decision by using solicitors. Is this worth the effort? I am hoping someone could give me more information regarding this and at what point should I approach one. Someone mentioned that his barrister enforced the six month rule - although I am unsure what that means.
Any advice would be appreciated.
i would be far more concerned with what high court says.assuming op never delayed in responding to the department,it would nearly need 4 years+ delay before court will actImmigrationLawyer wrote:How long are you waiting overall? A solicitor could threaten court proceedings but this may not have any effect on the Department!
I don't have any judgement handy but the High Court has confirmed that the Nationality and Citizenship Acts give the Minister for Justice a very wide discretion in relation to Citizenship and that the only way for the Court to intervene would be where there is some element of mala fides on the part of the Minister.ImmigrationLawyer wrote:Do you have authority for this? I don't think there is any judgement on length of time unreasonable for naturalisation.. :cry:
in summer of 2009 harding clarke gave a decision on delay for citizenship,i think a supreme court case is pending. in october 2009 judge cooke gave a decision for long term residency.hang on , will get the judgment on courts.ie.neither judge ever gave a time limit but 2-3 years delay is rather long.this was despite a favourable judgment of judge edwards on a different application. idont think i minister could get away with 4 years thoughImmigrationLawyer wrote:Do you have authority for this? I don't think there is any judgement on length of time unreasonable for naturalisation..
a declaration is all they will get,which is not worth the paper its written on. judges are reluctant to give mandamus orders as the current judges don't believe that it should dictate how state resources are spent.ImmigrationLawyer wrote:That's not strictly true, the poster can apply for a judicial review seeking an order that the Minister make a decision on the case... which may or may not be successful. the law is not clear cut. The problem is if you lose you will be ordered to pay the costs of the Minister, and this is what puts a lot of people off applying.
ImmigrationLawyer wrote:That's not strictly true, the poster can apply for a judicial review seeking an order that the Minister make a decision on the case... which may or may not be successful. the law is not clear cut. The problem is if you lose you will be ordered to pay the costs of the Minister, and this is what puts a lot of people off applying.
this is exactly what my solicitor say. but he said uk is a no go area while i am waiting on citizenship.fatty patty wrote:Your solicitors cannot apply for a court case simply because there is a delay in your application, since citizenship is at minister's discretion and not a law the only way JR is accepted in courts is if there is a refusal. Only then the barristers can look at the grounds for refusal and go for JR. Unfortunately this is how citizenship is, a lottery system and cherry picking, there are people waiting more than 4 years on their cases although you can live in UK while your citizenship case is pending here imho.
can u please explain what is judgment is also mandamus order. so you think it is not good idea to go ahead with the court case. my solicitor wants to wait and say i have no case for court until it is refused.walrusgumble wrote:a declaration is all they will get,which is not worth the paper its written on. judges are reluctant to give mandamus orders as the current judges don't believe that it should dictate how state resources are spent.ImmigrationLawyer wrote:That's not strictly true, the poster can apply for a judicial review seeking an order that the Minister make a decision on the case... which may or may not be successful. the law is not clear cut. The problem is if you lose you will be ordered to pay the costs of the Minister, and this is what puts a lot of people off applying.
I'm not aware of any relevent decision from judge Cooke. Judge Clarke stopped ppl bringing these cases with the Nawaz case ... but she's not doing asylum / immigration cases any morewalrusgumble wrote: in october 2009 judge cooke gave a decision for long term residency.hang on , will get the judgment on courts.ie.
Ya accoridng to courts.ie she is stuck in the family law courts, so i . (My god have mercy on the appliants's soul) I have been trawling though courts.ie and balii or ages to find the actual transcript. To my surprise, no luck. I think I can get a hard copy somewhere i will scan it and put it up. the basic ruling, if my memory serves me correct was :ImmigrationLawyer wrote:I'm not aware of any relevent decision from judge Cooke. Judge Clarke stopped ppl bringing these cases with the Nawaz case ... but she's not doing asylum / immigration cases any morewalrusgumble wrote: in october 2009 judge cooke gave a decision for long term residency.hang on , will get the judgment on courts.ie.![]()
beady eye: an order of mandamus is an order of the Court, given in the judgement, to make the Minister act, ie make a decision on the application. The question is: how badly do you want a quic decision and are you prepared to risk an order that you have to pay the Minister's court costs (these could be tens of thousands)? It is a gamble that not many are prepared to take. Your solicitor might be willing to give it a go if you were prepared to take on the risk.
as per cooke, you will need to set out in writting, in advance to the Minister, that the delay that is prejudicial to you. eg if you were on work permit. You then prevent the state making excuse for them to say that they were not on notice and allow them to react.beady eye wrote:can u please explain what is judgment is also mandamus order. so you think it is not good idea to go ahead with the court case. my solicitor wants to wait and say i have no case for court until it is refused.walrusgumble wrote:a declaration is all they will get,which is not worth the paper its written on. judges are reluctant to give mandamus orders as the current judges don't believe that it should dictate how state resources are spent.ImmigrationLawyer wrote:That's not strictly true, the poster can apply for a judicial review seeking an order that the Minister make a decision on the case... which may or may not be successful. the law is not clear cut. The problem is if you lose you will be ordered to pay the costs of the Minister, and this is what puts a lot of people off applying.
http://www.citizensinformation.ie/en/mo ... riage.htmlRules
If you are the spouse of an Irish citizen who is applying for Irish citizenship you must meet the following conditions:
You must be married to the Irish citizen for at least 3 years
You must have had a period of 1 year's continuous "reckonable residence" in the island of Ireland immediately before the date of your application
You must have been living on the island of Ireland for at least 2 of the 4 years before that year of continuous residence
Your marriage must be recognised as valid under Irish law
You and your spouse must be living together as husband and wife
You must be of full age, good character and intend to continue to live on the island of Ireland
You must have made a declaration of fidelity to the nation and loyalty to the State.
Can you please find this case for me, or the name or details ! ? Could you ask one of the state solicitors/ barristers.walrusgumble wrote:
as per cooke, you will need to set out in writting, in advance to the Minister, that the delay that is prejudicial to you. eg if you were on work permit.
its 32 months now since submission.ImmigrationLawyer wrote:How long are you waiting overall?
I did!aswadref wrote:...i dont know if u read the comment they spent about €5000 for that...
Like I said, I think I can get a hold of the hard copy of the judgment. If or when I do, I will pm you a copy. I think, that judgment (n v MJELR - not nawaz) could be found in the actual law reportsImmigrationLawyer wrote:Can you please find this case for me, or the name or details ! ? Could you ask one of the state solicitors/ barristers.walrusgumble wrote:
as per cooke, you will need to set out in writting, in advance to the Minister, that the delay that is prejudicial to you. eg if you were on work permit.
No one is on a WP now for more than 5 years, the GNIB is giving them stamp 4 after 5 years, or so I understand.
Pesonally I think it's crazy that an applicant has to show prejudice ... becoming a citizen has an inherent value in itself.