Nigirian mother of Irish minor granted stay in Ireland

[Kim P. Nyberg]

A Nigirian mother of an Irish national baby has - after six years battle with Department of Justice - been granted a three year permit to stay and work in The Republic of Ireland. The jugdment is given in direct line to the Zambrano case in The European Court of Justice. But the Irish court rule in complete opposition to e.g. the Danish administration, because this particular female is married to an Irish national.

http://www.irishtimes.com/newspaper/ire ... 79701.html

[fundiver199]

Very interesting. I think this puts the danish interpretation of the Zambrano case into further question, but I guess we will just have to await the ruling in the new case Deceri et al. It is difficult so see, how the EU-court can decide that case without specifying its rather unclear standing after the Zambrano and McCarthy cases, where the EU-court specifically avoided any mention what so ever of the right to a family life.

[Kim P. Nyberg]

When I red the article in The Irish Times the first time, I wondered why the Nigian female was only granted a three year permit in Ireland. But if one connect it to the Austrian questions to the EU Court of Justice, then I think it makes some kind of sense, because that will approximately be the time it takes for the EU Court to make a final decistion to the Austrian questions. Honestly, I will be indeed very surprised, if the EU Court will deny cases like the one in Ireland.

[fundiver199]

Perhaps Ireland just has a system similar to the danish, where all recidence permits are temporary at first. In Denmark everyone is only granted 2 years at first, if it is a case of family reunification.

Deceri et. al. is going to be treated after the socalled "rushed procedure", so hopefully it will not take 3 years for the EU-court to finish the case. I don´t know however, how long such a "rushed procedure" can be expected to take.

I am quite exited also to see the ruling in that case. And I can not really see, how the EU-court can avoid to bring the right to family life into the equation and to "say b when you have already said a" so to say. So I do both hope and expect, that the outcome will be, at least to some extend, in favour of the people, who filed the cases. And thereby also by extension all danish citizens with non-EU spouses or non-EU parents.

Be in no dought however, that this is a highly political case, and that several governments as well as the EU-commission will fight to limit citizens rights in the EU and to preserve the sovereingty of the governments. As they did already in the Zambrano case.