In the courts

April 4, 2014

In Ireland (support discrimination)
Case 2009 629

The High Court found that there was no reverse discrimination against the family because as Irish citizens they were not in the same position as Union citizens exercising EU Treaty rights. In any event, the EU has always recognised the principle of reverse discrimination. Ireland is entitled to treat its own citizens less favourably than other Union citizens who are in a position to rely on specific EU Treaty rights which Irish citizens are not in a position to avail of.

In Cyprus (reject discrimination)
Supreme Court, Cyprus_C_1241_2006

Of course it is not expected that the Directive would provide for a right to Cypriots to reside in their own country and surely we would come down to absurd results if we would accept that the applicant could reside lawfully in any other country of the EU except for Cyprus.

Clearly for reasons of equal treatment of Cypriot citizens with other EU citizens, we cannot but accept that the rights conferred to relatives of nationals of other member states are granted to the relatives of Cypriots, too.

In the European Court of Justice (reject discrimination)
ECJ Case C‑34/09 Zambrano – OPINION OF ADVOCATE GENERAL Sharpston,

I therefore suggest to the Court that Article 18 TFEU should be interpreted as prohibiting reverse discrimination caused by the interaction between Article 21 TFEU and national law that entails a violation of a fundamental right protected under EU law, where at least equivalent protection is not available under national law.

EU Citizenship and Reverse Discrimination

January 31, 2014

The EU Citizenship in Purely Internal Situations and Reverse Discrimination

Quote

One must bear in mind that this phenomena is a result of disloyal position of the state towards its own citizens

INIS website Sept 2012

September 23, 2012

compare treatment of EU family to Irish family

http://www.inis.gov.ie/en/INIS/Pages/Join%20Family#NON_EEA_Family_Member_of_EU_Citizen
to
http://www.inis.gov.ie/en/INIS/Pages/Join%20Family#Family_Member_of_Irish_Citizen

1) Irish Citizens and their family must provide reasons for travel to Ireland

2) Irish Citizens and their family must show funds and bank statements

This raises a number of questions, do poor Irish citizens have even less rights ? since when do we need to provide reasons to travel to our own home ? these and the other extra conditions and restrictions on Irish Citizens and their family is fundamental reverse discrimination. It is absurd for Irish Public servants and the Dept of Equality to be treating Irish Citizens second class. Other EU citizens and their families are not and cannot be put through such degradation. But the Irish Dept of Equality have decided Irish Citizens should not have equal dignity. Yet these state employees still take a salary and pension on the basis of their service to Irish Citizens.

Debate, Immigration, Residence and Protection Bill 2010

October 8, 2010

Debate

http://www.kildarestreet.com/debates/?id=2010-10-06.241.0

Too many Irish citizens engaged in a full family and properly intimate marriage relationship, experience difficulties in having a non-Irish non-EU spouse granted residency rights in this State in circumstances in which no difficulty should arise. Essentially, because Irish citizens do not have a statutory right to be joined by family members who are non-EU citizens in Ireland, they can experience what can properly be described as reverse discrimination in comparison to the rights that apply to other EU citizens under the EU Freedom of Movement Directive 2004.

Alan Shatter (while in opposition)

While Alan Shatter became Minister for Equality, he failed
to implement equality.
Finally losing his position of power when he failed to act on abuse.

He was actually the best hope. If only.

Irish Public Service looking after Irish Public Service

April 13, 2010

The Irish Nationality and Citizenship Act 2004

3) Paragraph (h) of subsection (1) shall not apply to
an applicant for a certificate of naturalisation to
whom subsection (4) applies.

(b) that applicant’s spouse was in the public service


A Guide to the Rights of family Reunification in Ireland

April 8, 2010

Irish Citizen: No right
Non-EEA spouse of Irish Citizen: No right
EU Citizen: yes, automatic right
Non-EEA spouse of EU Citizen: yes, automatic right
Non-EEA Citizen (green card holder): yes, automatic right
Non-EEA Citizen (work permit holder): yes, after 12 months
Refugee: yes, automatic right

source
A Guide to the Rights of  Migrants and Residents in Ireland
http://www.migrantproject.ie

Download ref document
http://www.migrantproject.ie/documents/RightsofMigrantsandResidentsinIreland-CMP09.2009.pdf

Self serving, lying John O’Donoghue

February 20, 2010

John O’Donoghue, who removed post-nuptial citizenship from the Irish Family.

http://historical-debates.oireachtas.ie/D/0536/D.0536.200105220014.html
Minister for Justice, Equality and Law Reform (Deputy John O’Donoghue):

There is no good reason I, as an individual politician, would seek to put barriers in the way of genuine spouses of Irish citizens gaining citizenship. To do so would be an act of lunacy. I am trying to close off the potential for abuse which has been recognised by the Departments of Justice, Equality and Law Reform and Foreign Affairs over a number of years. I am not trying to put obstacles in anyone’s way. The termination of the post-nuptial citizenship scheme will not adversely affect the position of non-national spouses in terms of their joining their spouses in the State, nor will it adversely affect their right to work.

SELECT COMMITTEE ON JUSTICE, EQUALITY
http://www.gov.ie/en/committees-00/c-justice/001108/default.htm

Minister for Justice, Equality and Law Reform (Deputy John O’Donoghue):

The termination of the post-nuptial citizenship scheme will not adversely affect the situation of non-national spouses in terms, for example, of their joining their Irish spouses in this State. There are well established immigration procedures which secure the admission of non-national spouses of Irish nationals

The present immigration arrangements recognise the special position of non-national spouses of Irish citizens. Such spouses, regardless of their nationality, There are no immigration limitations operating to inhibit non-national spouses seeking to come to the State.

In the immigration and residence Bill which is being drafted in the Department at present to replace the entirely outdated and inadvisedly named Aliens Act and its associated orders with a modern and sensible code of immigration law, the immigration status of non-national spouses of Irish citizens will be reaffirmed.

He misled, lied  and after came the final betrayal

http://debates.oireachtas.ie/Xml/30/DAL20090701A.PDF
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern):
Marriage to an Irish national does not confer any automatic right to enter to reside in the State solely on that basis.


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