Recognition of marriage

[dalebutt]

I agree with you churada, INIS is increasingly not complying with the lex loci rule celebrations, time and again the high court has handed out judgement in this regard, Is it that the central office in Dublin makes no effort in training and informing their staffs on new laws to avoid this sort of scenario. I wouldn't be looking into divorce though, I will write a strong worded letter to them

[shinwangeutreaty]

I married my wife in China too - but on the mainland.
While I can understand that this might not seem appealing to you why not just divorce her over there and remarry?

I can't claim to know how its done in Hong kong but on the mainland divorce can be done in minutes without the need for lawyers at all. Marriage is the same.
Just a thought, its only a paperwork exercise and you shouldn't have to do it but maybe an easier thing to do than "fight the system" here?

Secondly, where are you applying for her visa? When we applied for my wifes visa it was though the irish consulate in Beijing, but I remember at the time that if we had been married in Hong Kong it was supposed to be done in the consulate there. I'm quite surprised that the local consulate wouldn't recognise the local marriage laws there?

Thank you for your advise. Under Hong Kong Law, we are not allowed to divorce within first year after marriage. Not like mainland China.

[shinwangeutreaty]

I agree with you churada, INIS is increasingly not complying with the lex loci rule celebrations, time and again the high court has handed out judgement in this regard, Is it that the central office in Dublin makes no effort in training and informing their staffs on new laws to avoid this sort of scenario. I wouldn't be looking into divorce though, I will write a strong worded letter to them

Thank you for your information, what strong worded letter like? We have to have strong evidence to appeal against the refusal.

[dalebutt]

In the year 2010, the judgement was handed down at the high court by judge justice cooke, with regards marriage rules.

Hamza and Elkhalifa v Minister for Justice, Equality and Law Reform, judgement of Mr Justice Cooke dated the 25th November 2010.

I cannot find the link to the full judgement strangely, in the Judgement judge justice cooke stated thus, "that marriage should be judged by the way of the lex loci rule. That is that, marriage is valid, and legal in terms of the laws of the country within which it was preformed, and not necessarily by Irish law".

I understand the Minister of justice not accept the judgement in which the department appealed to the supreme court of Ireland to counter the judgement.

February this year, the supreme court affirmed the judgement of the high court and dismissed the appeal of the department of justice, you can find the link to the full judgement of the supreme court here below.

http://www.refworld.org/pdfid/512e0a242.pdf

[dalebutt]

This should be your ground for appeal, it is open to them to disregard the judgement of the most powerful court in the country, which of course is BINDING. I do not have doubt that they will shift ground, read the case and make sure you understand the judgement, draft your letter quoting the relevant case laws.

[Brigid from Ireland]

You make an application for free to the Irish Circuit court. The first application is 'an application made to the Circuit Family Court for a ruling under Section 29 of the Family Law Act, 1995 as to whether the marriage is recognisable under Irish law'.

Simply phone or go in person to the Circuit Court and make this application. I think it is free and you do not need a solicitor. They will issue a decision on your marriage under Irish law. If they say your marriage is valid then you use this to appeal the visa decision.

[dalebutt]

That application at the circuit court will run into thousands of Euros, it is not an application the OP could do independently, op will surely need legal representation and secondly it takes time, it will take about 8 months to get the declaration.

If the circuit court issues such declaration, it will be biding on the INIS for sure, but why go through that avenue? The law cannot be rewritten by the DOJ

[shinwangeutreaty]

My wife's appeal has been allowed after 4 weeks waiting.

[alphagear]

Any advice regarding this issue cause I probably will end up in the same position?

Wife has 17 at time of marriage, she is now 21 when applying for Entry C Visa for Ireland under Eu Directive.

I am also British.

[alphagear]

Any ideas guys regarding this issue?

Dont know what to do in case of refusal.