We are delighted for our clients, a Syrian
family of five residing in Saudi Arabia, who have all been granted visas to
reside in Ireland on the basis of our submissions under the Zambrano ruling and
under the Treaty on the Functioning of the European Union.
The two parents of a young Irish citizen child
who had been granted Irish citizenship wished to relocate to Ireland based on
the fact that they were prevented from returning to Syria. Their life in Homs had been completely
destroyed and the father of the family found temporary work in Saudi Arabia. The family’s initial application
was refused as it was held the Irish citizen child had no connection with the
State having never resided here (she obtained her Irish passport based on her
birth in Belfast.) The case was
considered under Article 8 of the ECHR, under the proportionality test and the
Constitution but the deciding officer failed to consider the child’s rights as an
EU citizen and her rights established under the ruling in Zambrano. Within a matter of weeks the application was
re-considered on appeal and the family will enter the State this year.
In a separate but related case, a Syrian family
was recently granted permission to enter the State on visitor visas. The family of two parents of two Irish
citizen children left their home in Homs, Syria. They secured a visitor visa within a matter
of weeks and applied for residency under Zambrano. Their application was made in October 2011
and was decided favourably in June 2012.
We note that a huge volume of residency
applications relying on the Zambrano case are still pending and 9-12 months
appears to be the average processing time.
We will keep you updated as to any further developments in this regard.
Brophy Solicitors
30.07.12
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