A prolonged delay in processing an application for a residence card or a review request may require intervention through Judicial Review proceedings in the High Court. If the delay is deemed unreasonable and disproportionate, applicants can seek a court order compelling the EU Treaty Rights Division to make a decision.

When Does a Delay Become Unreasonable?

The EU Treaty Rights Division is expected to process applications within a reasonable timeframe. However, delays can occur due to administrative backlogs, security checks, or policy changes. A delay is considered unreasonable when:

• It exceeds standard processing times without valid justification.
• There is no clear communication from immigration authorities regarding the delay.
• The delay affects an applicant’s legal status or right to work and reside in Ireland.
• It is disproportionate to any public policy or security concerns.

High Court Intervention for Delayed Decisions

If the Department of Justice fails to process an application within a reasonable time, Immigration Solicitors can initiate Judicial Review proceedings to challenge the delay. The High Court can issue an order compelling the Minister for Justice to process the application without further delay.

Judicial Review is a legal remedy available when all other avenues have been exhausted. It ensures that applicants are not left in limbo due to excessive administrative delays.