We noted with interest the positive development in the long running case Gerard and Caroline Hurley that has now finally been resolved. The grant of permission to Mrs Hurley to work and reside was reported by the Irish Times over the weekend. The Irish Times also reported on the plight of Mrs Hurley back in December.
Caroline Hurley applied to remain in the State on the basis of her Irish citizen child and her marriage to Gerard Hurley, an Irish citizen. The Department of Justice were pursuing the deportation of Mrs Hurley but it appears they had to review their decision following the landmark decision of the European Court of Justice in Zambrano.
We are working on several similar cases and despite some delays in the Department actually processing the so-called Zambrano applications, applicants are finally meeting some resolution and being granted permission to remain. While we obviously welcome the decision of Zambrano and its timely application, we remain surprised that the Department were so intent and often were able to deport individuals such as Ms Hurley, despite their Irish citizen children and Irish spouses and the protections of family life under the Irish Constitution, the European Convention on Human Rights, and the Charter of Fundamental Rights.
We would be interested to hear of any concerns or problems arising from the Zambrano decision and will of course be keeping you update to date on any new developments or successes we have in this area.
Brophy Solicitors
15.08.11
Do you know the Austrian 'Zambrano' reference for a preliminary ruling?
ReplyDeleteThanks for your comment Mr T. We did an update on the Austrian preliminary reference in July. You might find it of interest: http://brophysolicitorsimmigration.blogspot.com/2011/07/zambrano-update_28.html.
ReplyDeleteBrophy Solicitors
Hi thanks for the posts, i sent all the required documentations to the department for the zambrano application but the childs mother does not want to give me a copy of the childs passport, i did dna test but my name is on birth cert as well, i provide for the child as per the court order and sent all deposit slips from bank for the money i give my ex as mentainance. I need to know if i can pass zambrano requirements without child passport, the childs mum is irish.
ReplyDeletehope to hear from you.
Hello ,
ReplyDeleteMy partner and I are both non EEU citizens ( Croatian and Macedonian ) Our son is Irish citizen . I have Stamp 4 and my girlfriend applied for Stamp 4 as a mother of Irish citizen . However her passport have expired and we are waiting for the decision 3 months now . Is this usual time ?
Hi Polimac,
ReplyDeleteThanks for your comment. Unfortunately we cannot address individual queries or give legal advice on our Blog. We would invite you contact our office by phone or email with any individual query and one of our immigration solicitors will respond to you.
Thank you again for your interest.
Brophy Solicitors
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ReplyDelete