Bajo_cero2
Registered
- Joined
- Jun 14, 2010
- Messages
- 7,941
- Likes
- 4,371
Well, it is difficult to answer you in English, I´ll do my best. If you need any clarification, just let me know.
Argentina is a very special case because you have the same rights than an Argentinian just because you are an inhabitant. So, the duties of the consul are useful related to tourists or when somebody is going to be deported. In all the other cases, in my opinion, is better to demand the respect of your rights by your self at court.
Art. 1 of law 48 establish that the Supreme Court have original competency when there is a conflict between the Federal state and a citizen of a foreign country. The Supreme Courts is in BAC.
Stare desicis (the obligatory of the precedents, base of the common law system) is incompatible with our legal system because all judges had internal (a judge cannot give an order to another judge) and external (The other powers cannot give an order to a judge) independence of will and conscience.
But stare decisis works in the administrative system because the administrative authorities should obey the orders of the judges ever. Otherwise they committed the crime of breach of court order.
So, they won´t want to obey, so every time you apply the lawyer should bark about prosecuting the agent at the federal court.
I found a brand new case (01.07.2010 day.month.year) where somebody sue the state because the form for applying for the citizenship request:
a) To give up your original citizenship
b) To declare your religion.
Both requisites were against the Constitution. He won the case and the judges order to change the form. So, I wasn´t so crazy, jajaja.
The administrative procedure law establish the duty of stamp simple copies of any administrative procedure you start.
So, in any case I have I always have two copies, they keep one and I keep the other one with a stamp. I know they don´t do it and it can be change forcing them to stamp the copy. If they deny a criminal procedure can be started for the unaccomplished of the duties of a public officer. However this an extreme measure. With simple copies of all the papers and the ticket of the $600 fee and your oak should be enough to prove it. A picture of the ticket is easier that to xerox it. This is standard for any lawyer.
The immigration law establish the appeal. If they didn´t create the mechanism for making this right effective, better. The amparo is available only when there is no other way. The amparo is a fast mechanism to protect rights when there is no other way to protect them.
No, the idea about creating an association is to give legitimación activa to it (it means the right to represent you and sue at court) and with this you can sue the state in a Class Action easier. If you separate expats by country you lose before you even start because you get stronger when you represent more people.
And you can a) lobby at the DGM in order to create new categories or standard the interpretation of the law by the agents . Now they can create new categories according to 616/2010 decreto or/and b) To sue the Federal Government looking for create a leading cases that changes the way DGM is doing things disrespecting your rights .
Regards
domdom said:Hi Bajo Cero,
I was a lawyer in France and I clearly agree with your interpretation.. We are a group of french in Cordoba and we already informed the General Consul in B Aires and asked him to take action..
Argentina is a very special case because you have the same rights than an Argentinian just because you are an inhabitant. So, the duties of the consul are useful related to tourists or when somebody is going to be deported. In all the other cases, in my opinion, is better to demand the respect of your rights by your self at court.
domdom said:can we do a procedure who would be valid for everybody and in this case do it for example in B Aires and not only in Cordoba ??
Thanks a lot for you answer
Best Regards
Art. 1 of law 48 establish that the Supreme Court have original competency when there is a conflict between the Federal state and a citizen of a foreign country. The Supreme Courts is in BAC.
Stare desicis (the obligatory of the precedents, base of the common law system) is incompatible with our legal system because all judges had internal (a judge cannot give an order to another judge) and external (The other powers cannot give an order to a judge) independence of will and conscience.
But stare decisis works in the administrative system because the administrative authorities should obey the orders of the judges ever. Otherwise they committed the crime of breach of court order.
So, they won´t want to obey, so every time you apply the lawyer should bark about prosecuting the agent at the federal court.
I found a brand new case (01.07.2010 day.month.year) where somebody sue the state because the form for applying for the citizenship request:
a) To give up your original citizenship
b) To declare your religion.
Both requisites were against the Constitution. He won the case and the judges order to change the form. So, I wasn´t so crazy, jajaja.
domdom said:One question.. immigration never gives anything in writing.. You say to appeal the decision, how can it be done if nothing is in writing.. The amparo procedure can be made by a general consul for example in the name of the national residents in the country ??
The administrative procedure law establish the duty of stamp simple copies of any administrative procedure you start.
So, in any case I have I always have two copies, they keep one and I keep the other one with a stamp. I know they don´t do it and it can be change forcing them to stamp the copy. If they deny a criminal procedure can be started for the unaccomplished of the duties of a public officer. However this an extreme measure. With simple copies of all the papers and the ticket of the $600 fee and your oak should be enough to prove it. A picture of the ticket is easier that to xerox it. This is standard for any lawyer.
The immigration law establish the appeal. If they didn´t create the mechanism for making this right effective, better. The amparo is available only when there is no other way. The amparo is a fast mechanism to protect rights when there is no other way to protect them.
domdom said:or if we create a type of association (an association can sue in France)
No, the idea about creating an association is to give legitimación activa to it (it means the right to represent you and sue at court) and with this you can sue the state in a Class Action easier. If you separate expats by country you lose before you even start because you get stronger when you represent more people.
And you can a) lobby at the DGM in order to create new categories or standard the interpretation of the law by the agents . Now they can create new categories according to 616/2010 decreto or/and b) To sue the Federal Government looking for create a leading cases that changes the way DGM is doing things disrespecting your rights .
Regards