tag:blogger.com,1999:blog-258088474149634357.post3663030907388971338..comments2024-02-21T08:19:36.278+00:00Comments on The Irish Immigration Blog: EU TREATY RIGHTSBrophy Solicitorshttp://www.blogger.com/profile/10390551254141432424noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-258088474149634357.post-16051850086155808882011-09-16T06:00:08.521+01:002011-09-16T06:00:08.521+01:00Indeed, charge and convict sham marriages,
and res...Indeed, charge and convict sham marriages,<br />and restore the rights of the family.<br /><br />On the issue of EU Citizens and the repeated excuse of sham marriages as a reason to remove rights. There are a number of questions that should be put to the minister, namely why has the dept not used already existing powers to deal with individual cases of sham marriages. They already have extensive existing powers, that are not used. A grand total of zero applications for a residence permit have been rejected on the basis of sham marriage.<br /><br />What is a cause for concern is countries using the so called sham marriage allegation as a means of striping of a citizen’s right, or use it as a form of collective punishment, or to cut down number of foreign national with rights to stay on grounds of nationality or skin colour.<br /><br />In Metock case, there was no marriage of convenience, yet still the Irish authority wanted to deprive them of their rights.<br /><br />There is no veracity in the argument that the directive stops member states from fighting against marriages of convenience, as it doesn't.<br /><br />See<br />http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0313:FIN:EN:PDF<br /><br />quote <br />4. ABUSE AND FRAUD<br />Community law cannot be relied in case of abuse 55. Article 35 allows Member States to take effective and necessary measures to fight against abuse and fraud in areas falling within the material scope of Community law on free movement of persons by refusing, terminating or withdrawing any right conferred by the Directive in the case of abuse of rights or fraud, such as marriages of convenience. Any such measure must be proportionate and subject to the procedural safeguards provided for in the Directive<br />:<br />:<br />(too much detail to quote here)Anonymousnoreply@blogger.com