Irish Dept of Justice now refusing to accept Dual Irish/British Citizenship

acme

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From a newsletter from Solicitors Office in Dublin.
As always, there are quite a number of EU Treaty Rights cases requiring urgent attention. A number of refusals have issued recently from the Department in respect of applications for residence cards of the spouses of EU nationals who are properly exercising their EU Treaty Rights in the State. The grounds for refusal are that the EU nationals in the cases have dual Irish and European citizenship, and therefore, according to the Department, cannot rely on the benefits of the Free Movement of Persons law. I do not accept the lawfulness of this position, and think that we may need clarification of the High Court. We are currently seeking further advice on the point.
This is bizarre, because this would violate the Good Friday Agreement and EU law.

Why would they do such a thing ? Anyone know ?

GFA said:
(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.
JUDGMENT OF THE ECJ COURT in case C-148/02 said:
It is not permissible for a Member State to restrict the effects of the grant of the nationality of another Member State by imposing an additional condition for recognition of that nationality with a view to the exercise of the fundamental freedoms provided for in the Treaty
 


acme

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this is the case that is going to really piSS off the dept of justice

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62009C0034:EN:HTML

judgment due in a few months
thanks, The case you refereed is not about Dual Citizens, is it ?
Didn't the dept already remove the right of Children of
non-nationals to be Irish, even if they are born in Ireland.

1. The present reference from the Tribunal du travail de Bruxelles concerns the scope of the right of residence for third country nationals who are the parents of an infant Union citizen who has not, as yet, left the Member State of his birth.
No matter what other cases are ongoing, surely till there is a judgement,
they cannot violate the GFA and current EU law.
 

acme

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oh.. I see it now...
It will mean the Irish Dept of Justice, cannot treat Irish less than other EU nationals.
as they currently do, They will be forced into giving equality.

Yes, I can see how that would piss off the Dept of Justice and Equality
 
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jacko

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oh.. I see it now...
It will mean the Irish Dept of Justice, cannot treat Irish less than other EU nationals.
as they currently do, They will be forced into giving equality.

Yes, I can see how that would piss off the Dept of Justice and Equality
exactly.

no need to marry a latvian to gain residency in Ireland - just marry an irish national
 

mickdotcom

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exactly.

no need to marry a latvian to gain residency in Ireland - just marry an irish national
Now us Paddies can finally get in on that money making racket:lol::lol:

on a serious note- thanks for that case Acme, I have been looking for that since last week.
 

Clanrickard

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exactly.

no need to marry a latvian to gain residency in Ireland - just marry an irish national
The way I read it is that the child is a Belgian citizen having been born in Belgium. The Belgians want the parents who are Colombian gone. Not allowing non-EU parents of an EU child to stay violates that child's rights. In other words it would, if the court agrees that the child's rights were being violated, overturn the citizenship referendum. I think Future Taoiseach will self combust if the court rules that way. He did forecast that this could happen. We'll see if he was right when the court delivers its verdict.
 


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