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Thread: EU Court To rule On Irish Ban On Non-EU Spouses Today.

  1. #1
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    EU Court To rule On Irish Ban On Non-EU Spouses Today.

    First and foremost No citizens will allow their husband or in lacuna their wife to be removed from them illegally by any government i any part of the world, hearsay is not admissible, it must be supported by evidences and heard in the law court .

    Fundamentally, subject to verifications that the marriage is trully authentic and if the marraige is genuine enough, it will indeed pave ways for absolute right to remain with their wife by virtue of right to family life, However it will contraveine the fundamental principle of the article 111-124

    Which says that, European laws may or framework laws may lay down rules to prohibit discrimination on grounds of ''NATIONALITY'' as referred to in article 1-4(2)

    And the ruling must also considered article 111-124 to 125.

    The clause that the irish government placed as criterial that, the non-Eu spouses must reside in another Euroepean union country legally is in fact an attempt to denied most of them genuilly married to their wife the right to peacefull family life as enshrined in the irish marraige laws.

    If a non-Eu came to ireland and seek asylum and meet a person to marry and get married to that person, can any government denied them the right to family life and legal right to remain ?

    I mean reality needs to kick in in these case scenarios unless when investigated it's a subject of an arranged marriage and what the government should do is to have absolute power to expose such an arranged marriages with the intentions to get through the immigration laws, but a criterial of a legal residency in another Eu before marraige in ireland is just a bogus excusses from the irish government.

    The European union must also look into article 11-67 and article 11-69, which goes this way

    Everyone has the right to respect for his or her private family life, home and communications.

    The right to marry and the right to found a family shall be guaranteed in accordance with the ''national laws'' governing the exercise of these rights.

    End of story.
    It wont be too long when you're right or wrong!

  2. #2
    Politics.ie Regular seabhcan's Avatar
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    Re: Eu Court To rule On Irish Ban On Non-Eu Spouses Today.

    I'll pay close attention to this ruling.

    I symathise with the gov in trying to deport failed assylum seekers who get married here - clearly just trying to stay. But the gov is using the same rule to deport ordinary working people who meet and marry in Ireland. I know a case of a Polish woman and her Indian husband. They have a young child. They met here and married. He had been on a working visa before but when he tried to change his status he was issued a deportation order.

    Another case is of a French guy and his US wife. They had lived in the US for years before moving here when the guy got a new job. She was rejected when she applied for a spouce visa because they had never lived together in another EU state. They are clearly not a sham marriage, but the gov is trying to deport them.

    I hope the ECJ rules correctly.
    "Who will bailout the IMF after FF is finished with them?"

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    Re: Eu Court To rule On Irish Ban On Non-Eu Spouses Today.

    The cases, facing the Dept. of Justice, are myriad.

    Asylum seeker granted Irish citizenship, and then goes 'back home', marries and asks that spouse be allowed Irish residency and citizenship.

    Non-Eu has 3 year working visa and decides to marry Irish citizen. Divorces 3 years later and seeks residency based on Irish-born child and right to bring up child(ren) in domicile of Irish parent.

    Married asylum seeker couple: one granted Irish passport, the other 'investigation pending' deportation seek divorce and both remarry Irish citizens.

    Arranged marriages between former asylum seeker and spouse from non-EU country.

    I really don't eny the bind the Min for Justice is in.

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    Politics.ie Regular blucey's Avatar
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    Re: Eu Court To rule On Irish Ban On Non-Eu Spouses Today.

    Quote Originally Posted by jetttxyz
    The cases, facing the Dept. of Justice, are myriad.

    Asylum seeker granted Irish citizenship, and then goes 'back home', marries and asks that spouse be allowed Irish residency and citizenship.

    Non-Eu has 3 year working visa and decides to marry Irish citizen. Divorces 3 years later and seeks residency based on Irish-born child and right to bring up child(ren) in domicile of Irish parent.

    Married asylum seeker couple: one granted Irish passport, the other 'investigation pending' deportation seek divorce and both remarry Irish citizens.

    Arranged marriages between former asylum seeker and spouse from non-EU country.

    I really don't eny the bind the Min for Justice is in.
    Polish woman and her Indian husband. They have a young child. They met here and married. He had been on a working visa before but when he tried to change his status he was issued a deportation order.

    Another case is of a French guy and his US wife. They had lived in the US for years before moving here when the guy got a new job. She was rejected when she applied for a spouce visa because they had never lived together in another EU state. They are clearly not a sham marriage, but the gov is trying to deport them.


    So : its not just odd cases here... its real people who are making real contributions to Ireland with real lives.

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    Re: Eu Court To rule On Irish Ban On Non-Eu Spouses Today.

    Quote Originally Posted by seabhcan
    I'll pay close attention to this ruling.

    I symathise with the gov in trying to deport failed assylum seekers who get married here - clearly just trying to stay. But the gov is using the same rule to deport ordinary working people who meet and marry in Ireland. I know a case of a Polish woman and her Indian husband. They have a young child. They met here and married. He had been on a working visa before but when he tried to change his status he was issued a deportation order.

    Another case is of a French guy and his US wife. They had lived in the US for years before moving here when the guy got a new job. She was rejected when she applied for a spouce visa because they had never lived together in another EU state. They are clearly not a sham marriage, but the gov is trying to deport them.

    I hope the ECJ rules correctly.
    The european union court of human right are the highest court of competent jurisdictions in the european union which ireland signed to and subjected to obey any law passed on them, for the fact that ireland can not eat the cake and then have the cake again, well the case for mentioned today are spouses of EU anyway which i believed that they will get a good judgement because there are many referendum that, the irish voters have gotten their fair share like the citizenship and other threaty which the irish voters have dictated to the European union on, but if you take a look at the case of MAN LAVVETTE CHEN V BRITISH IMMIGRATIONS DEPARTMENT, which the landmark was granted with absolute right to remain in any european country which ireland finally backdown to the result of IBC 05 and the irish government is still look fotr way to denied those said family again the last three year of their citizenship, but got bug down with corruptions.

    The fact of the matter is that the european court of human right are competent judges that put aside national interest of racism and corruptions aside, their focus on these landmark judgement will be based on jurisprudences of the law that encompases the interest of family life without fear or favours.

    But the Eu court should also put into considerations how many irish illegal in the united state, that the irish government are always begging for residence permit on their behalf for to pass the said judgement, because we can not eat our cake and have it agains, the state are always looking for ways to deport not integrations even after those immigrant has established lagal status.
    It wont be too long when you're right or wrong!

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    Re: Eu Court To rule On Irish Ban On Non-Eu Spouses Today.

    STT wrote :
    But the Eu court should also put into considerations how many irish illegal in the united state, that the irish government are always begging for residence permit on their behalf for to pass the said judgement, because we can not eat our cake and have it agains, the state are always looking for ways to deport not integrations even after those immigrant has established lagal status.
    I thought you were, for once...just once, get involved in a decent debate. However, once again, you've derailed yourself.
    The EU Court judges matters relating to the EU...nothing else.
    The case of the 'illegals' in the US is the business of the US legislature.

    blucey: I know of many similar cases.
    The reason(s) our government has brought in such laws was to protect the genuine applicants; but the innocent have to suffer because of the false claims, the crooked statements and bogus documentation given by alleged asylum seekers.....Michael McDowell gave ample evidence of this when he was Min for Justice.
    In trying to apply a 'one-fits-all', we may have dropped the safety net.

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    Re: EU Court To rule On Irish Ban On Non-EU Spouses Today.

    Quote Originally Posted by jetttxyz
    STT wrote :
    But the Eu court should also put into considerations how many irish illegal in the united state, that the irish government are always begging for residence permit on their behalf for to pass the said judgement, because we can not eat our cake and have it agains, the state are always looking for ways to deport not integrations even after those immigrant has established lagal status.
    I thought you were, for once...just once, get involved in a decent debate. However, once again, you've derailed yourself.
    The EU Court judges matters relating to the EU...nothing else.
    The case of the 'illegals' in the US is the business of the US legislature.

    blucey: I know of many similar cases.
    The reason(s) our government has brought in such laws was to protect the genuine applicants; but the innocent have to suffer because of the false claims, the crooked statements and bogus documentation given by alleged asylum seekers.....Michael McDowell gave ample evidence of this when he was Min for Justice.
    In trying to apply a 'one-fits-all', we may have dropped the safety net.
    You're writing absolutely nonsense given the moral considerations of our own irish illegal in the united state aswell, because what you wanted for our irish citizen elsewere should also be reciprocate in retrospect for morality purposes.

    Furthermore, is it only the republic of ireland that, asylum seekers present bogus documentations ?
    By the time you continue to ask them for the document they dont have on them at that moment they'll be forced to present bogus to have a breathing space to be honest, IF i am an asylum seeker in the state which i am not though i will never ever present any document to implicate my applications anyway and those who do should be made accountable for such an act, and beside that why cant ireland be realistic and follow the rule of law rather than what some of us think because these people will become irish citizens aswell is that the problems why we're having sleepless night ?
    It wont be too long when you're right or wrong!

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    Re: EU Court To rule On Irish Ban On Non-EU Spouses Today.

    The title of the thread is wrong; the Court's not ruling today.
    It's the hearing that's taking place.

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    Re: EU Court To rule On Irish Ban On Non-EU Spouses Today.

    Quote Originally Posted by stopthetrain
    Quote Originally Posted by jetttxyz
    STT wrote :
    But the Eu court should also put into considerations how many irish illegal in the united state, that the irish government are always begging for residence permit on their behalf for to pass the said judgement, because we can not eat our cake and have it agains, the state are always looking for ways to deport not integrations even after those immigrant has established lagal status.
    I thought you were, for once...just once, get involved in a decent debate. However, once again, you've derailed yourself.
    The EU Court judges matters relating to the EU...nothing else.
    The case of the 'illegals' in the US is the business of the US legislature.

    blucey: I know of many similar cases.
    The reason(s) our government has brought in such laws was to protect the genuine applicants; but the innocent have to suffer because of the false claims, the crooked statements and bogus documentation given by alleged asylum seekers.....Michael McDowell gave ample evidence of this when he was Min for Justice.
    In trying to apply a 'one-fits-all', we may have dropped the safety net.
    You're writing absolutely nonsense given the moral considerations of our own irish illegal in the united state aswell, because what you wanted for our irish citizen elsewere should also be reciprocate in retrospect for morality purposes.

    Furthermore, is it only the republic of ireland that, asylum seekers present bogus documentations ?
    By the time you continue to ask them for the document they dont have on them at that moment they'll be forced to present bogus to have a breathing space to be honest, IF i am an asylum seeker in the state which i am not though i will never ever present any document to implicate my applications anyway and those who do should be made accountable for such an act, and beside that why cant ireland be realistic and follow the rule of law rather than what some of us think because these people will become irish citizens aswell is that the problems why we're having sleepless night ?
    Electronic challenges and attacks does not surfice to a legal challenges to be honest, any take on that ?
    It wont be too long when you're right or wrong!

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    Re: EU Court To rule On Irish Ban On Non-EU Spouses Today.

    Quote Originally Posted by stopthetrain
    You're writing absolutely nonsense given the moral considerations of our own irish illegal in the united state aswell, because what you wanted for our irish citizen elsewere should also be reciprocate in retrospect for morality purposes.
    This is not about Irish Citizens in the US, anyway most IRISH people believe that the illegal irish should be sent home

    Furthermore, is it only the republic of ireland that, asylum seekers present bogus documentations ?
    By the time you continue to ask them for the document they dont have on them at that moment they'll be forced to present bogus to have a breathing space to be honest, IF i am an asylum seeker in the state which i am not though i will never ever present any document to implicate my applications anyway and those who do should be made accountable for such an act, and beside that why cant ireland be realistic and follow the rule of law rather than what some of us think because these people will become irish citizens aswell is that the problems why we're having sleepless night ?
    How do they get here if they dont have documentation, if they do and its bogus then they are commiting fraud and should be sent on the first plane home

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