McCarthy Judgement - what's this

[Punjab]

Guys could any one tell me in a simple english language what is

McCarthy Judgement???

the whole case??

it seems quite popular

[Tanic]

http://www.immigrationboards.com/viewtopic.php?t=77718

This is the bain of my life

Have a read & see what you think

Its popular coz a lot of Northern Irish people with Dual Nationalities (like myself) use Irish Passport to go down European route - the outcome of this Judgement may now, possibly, have a detrimental effect.

[Punjab]

http://www.immigrationboards.com/viewtopic.php?t=77718

This is the bain of my life

Have a read & see what you think

Its popular coz a lot of Northern Irish people with Dual Nationalities (like myself) use Irish Passport to go down European route - the outcome of this Judgement may now, possibly, have a detrimental effect.

hmmmm wjats going on???

[Tanic]

Read the Judgement & then you will have an idea of whats going on

Its too long winded to explain

[Directive/2004/38/EC]

Punjab,

Please pick good descriptive titles for the threads you start. This presently title provides no information other than that you are interested in something...

[Punjab]

Punjab,

Please pick good descriptive titles for the threads you start. This presently title provides no information other than that you are interested in something...

I will do that. thanks mate

[acme4242]

http://www.immigrationboards.com/viewtopic.php?t=77718

This is the bain of my life
Have a read & see what you think
Its popular coz a lot of Northern Irish people with Dual Nationalities (like myself) use Irish Passport to go down European route - the outcome of this Judgement may now, possibly, have a detrimental effect.

not good...

(vi) recognise the birthright of all the people of Northern Ireland to identify
themselves and be accepted as Irish or British, or both, as they may so
choose, and accordingly confirm that their right to hold both British and
Irish citizenship is accepted by both Governments and would not be
affected by any future change in the status of Northern Ireland.

[rachellynn1972]

Punjab,

Please pick good descriptive titles for the threads you start. This presently title provides no information other than that you are interested in something...

I will do that. thanks mate

This case is an old story, as regarding Northern Ireland, a national of Northern Ireland can decide which country he or she want to belong, you can decide to be British or Irish or Both as you so chose to be. you cannot tell a Nationalist born in Northern Ireland he is a British that mean you are looking for trouble, he believe he is an Irish not British, and some chose both, so if you decide to be an Irish born in Northern Ireland with the Good Friday Agreement Law, then you are an Irish as your right in Northern Ireland not a dual citizen and you can use the EEA route to bring in your Non-EEA to the country as long you are exercising treaty right by been a worker under Northern Ireland Habitual Residence Test

[Directive/2004/38/EC]

If only Ms McCarthy was born in Northern Ireland...

For people born in Northern Ireland and in a situation similar to Ms. McCarthy, it would seem to be in their interest to make reference to that part of the Good Friday accord in their original EEA application or in any subsequent appeal.

UKBA always has the option of following a more generous approach of granting residence even if they are not required to by ECJ case law.

[rachellynn1972]

If only Ms McCarthy was born in Northern Ireland...

For people born in Northern Ireland and in a situation similar to Ms. McCarthy, it would seem to be in their interest to make reference to that part of the Good Friday accord in their original EEA application or in any subsequent appeal.

UKBA always has the option of following a more generous approach of granting residence even if they are not required to by ECJ case law.

100% Right and I agree with you, those that will gain most in appeal are those born in Northern Ireland and still Living in Northern Ireland, if the case goes to court in Northern Ireland all the immigration Judge are aware of this Conditions on all Northern Ireland Nationals because they also are from Northern Ireland and they all Support the Good Friday Agreement. So no worries, the highest you can do if you hold both Passports is to Surrender one back to them and declare your allegiance to Ireland. Slowly British will be loosing Northern Ireland to the Republic of Ireland if the vote of the people gets higher for Northern Ireland to be under the Irish rule.

[Directive/2004/38/EC]

The argument should apply just as well anywhere in the UK, so long as the EU citizen was born in Northern Ireland and has both Irish and British citizenship.

It is, as for every case, the responsibility of the person appealing (and their legal team) to point out the (unusual) relevant law that should be considered during appeal.

[rachellynn1972]

The law is there, and it is there for a reason. the Good Friday Agreement was signed by UK and Ireland base on the Citizen of Northern Ireland not on the land but the Citizen of Northern Ireland who is Union among the United Kingdom, and only Northern Ireland Citizen can claim that not all United Kingdom and this is recognized by all the World. A Northern Ireland citizen can be Irish or British as they choose, they are not automatically a dual citizen and that is the only place in United Kingdom its citizen have those right to choose which citizen they belong. If Home Office did not see it, the Court will see it and that is why the Chen case was recognized. It is the Northern Ireland Citizen right and nothing can change it in the future as agreed. Northern Ireland born Irish has the right to bring in their non-eea spouse under eea route, I have live there for many years before moving to Scot and i know what that right give to them.

[Directive/2004/38/EC]

I thought somebody born in Northern Ireland is normally both Irish and British. In what way is there a choice?

As far as I am aware, the only choice they have is whether to pay for a travel document (passport!) to be issued.

[rachellynn1972]

I thought somebody born in Northern Ireland is normally both Irish and British. In what way is there a choice?

As far as I am aware, the only choice they have is whether to pay for a travel document (passport!) to be issued.

This is what I know and it is the fact, they have choice to be British or Irish or Both, many still claim they are Irish and only posses Irish passport and claim they don’t want anything to do with the British, many from County Omagh, Down, East Belfast and Londonderry which they the Northern Irish call Derry. This is the fact, many that I know when I was living in Northern Ireland, this was what brought about the Good Friday Agreement to settle the fight between the Northern Ireland national that claim they are not British but Irish and those that claim they are not Irish but British. This is not speculation but fact of the Northern Ireland National; they have choice and the only country I have seen in Europe that have choice.

This is a summary extract from the Good Friday Agreement:
Constitutional Issues

• Both governments must accept the right of Northern Ireland citizens to declare themselves as either British or Irish and that dual citizenship must be provided for those who desire it.

Right of Northern Ireland citizen to [DECLARE] themselves as [EITHER] British [OR] Irish….

Dual citizenship must be provided for those who [DESIRE] it….

Those who desire it is their CHOICE to have both, it is not compulsory or mandatory to have both as a national of Northern Ireland, you can choose to be only Irish as a national of Northern Ireland..

http://www.wesleyjohnston.com/users/ire ... opsis.html

Many Northern Ireland national hold only Irish Passport mostly amongst the Nationalist who still claim to be only Irish and not British even though Northern Ireland is with the United Kingdom and this is allow through the Good Friday Agreement. All the court is aware of this with law national or NI can use EEA route to bring in Non-EEA family to United Kingdom.