OK, well the Irish visa section have done a couple of things wrong.
(1) They took almost two months to handle your wife's application. Her application
must be handled on a priority basis. Hard to believe that it took that long, and that the reason they then rejected the application was because of something which was obvious from the start.
STATUTORY INSTRUMENT
S.I. No. 226 of 2006
(3)(b) The Minister shall, on the basis of an accelerated process, consider an application for an
Irish visa from a qualifying family member referred to in subparagraph (a) as soon as
possible and, if the Minister decides to issue an Irish visa, the relevant Irish visa shall be
issued free of charge.
and
Directive 2004/38/EC
Article 5 -- Right of entry
2. Family members who are not nationals of a Member State [may sometimes be required to have a visa].
Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.
(2) If there is no Yemeni requirement that the passport be signed, then it is valid. (Some countries specifiy that their passport is valid only when signed).
It is not up to the government of Yemen to decide when an Irish passport is valid, and similarly not up to the govt of Ireland to decide when a Yemeni passport is valid. Each can only decide whether to allow entry to the citizen of the other. But in this case the Irish govt is required to process the application on the basis of European free movement law.
Does this suggest that Ireland has never previously issued a visa to a Yemeni? Curious and I doubt it!
You have an option at this point. You could appeal, as mentioned on the rejection letter. This is likely to be a longer process. You can also just reapply. It should be an entirely free application.
In both cases you should outline the European law that needs to be applied, be very clear that if they application is not processed quickly "as required by law" and in full accordance with EU free movement law, that you will make a formal complaint to the European Commission (
http://eumovement.wordpress.com/2011/11 ... fectively/ ) and that you will seek compensation. You should ask that a senior member of staff with experience in European free movement applications process the application.
Note that you can get compensation. In this case they are preventing you (the EU citizen) from moving to Ireland because they have delayed and incorrectly refused to issue the visa for your wife. Keep detailed records of all your expenses and of missed opportunities in Ireland!
