Monday, July 30, 2012


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

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