No right of appeal against refusal of residence card to EFM

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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Re: No right of appeal against refusal of residence card to

Postby Frank001 » Fri Oct 14, 2016 6:13 pm

Obie wrote:Unfortunately appeal was dismissed for lack of Jurisdiction.

Judge acknowledged that she is not bound by SALA but feels the need to follow it, even though she concede that the grounds of appeal, and my challenge against SALA were made out.

Will be going to the court of Appeal, unless the matter is reviewed under Section 46 of the Upper Tribunal Procedure rule 2008.

The decision was a partial victory, as both Judge and SSHD conceded, that had it not been for SALA, the decision ought to be set aside and the appeal allowed.


I DONT KNOW HOW MY LAWYER WILL DEAL WITH THAT!!! REALLY STRESSED ,IF APPEAL IS UNSUCCESSFUL DONT KNOW WHAT IS THE BEST OPTION TO DO
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Re: No right of appeal against refusal of residence card to

Postby Obie » Fri Oct 14, 2016 6:14 pm

He will discus your options with you I guess .
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Re: No right of appeal against refusal of residence card to

Postby Frank001 » Fri Oct 14, 2016 6:23 pm

Obie wrote:He will discus your options with you I guess .


MY APPEAL HEARING IS NEXT WEEK DIDN'T STILL KNOW WHAT KIND OF POINT HE WILL MAKE . THATS THE RAESON COMING HERE TO HEAR/KNOW SOMETHING.NO GUIDANCE FROM HIS SIDE.THEY REFUSED BASED ON INTERVIEW NOTHING ABOUT DOCUMENTS .ANY ADVISE FOR ME FROM U PLEASE ???
LOOKING FOR BETTER LAYWER ,REALLY FRUSTRATED .
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Re: No right of appeal against refusal of residence card to

Postby Obie » Fri Oct 14, 2016 6:29 pm

Please desist from writing in capital letters.

I am not sure if I can give more than I have already given.

It is a shame in your case, that matter is at Ftt. Due to the fact that mine was at the Upper Tribunal with permission, I am able to appeal to the court of appeal.

If my argument succeeds, it will benefit you aswell.


You will be able to challenge via JR if the FTT refuse to hear the case.
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Re: No right of appeal against refusal of residence card to

Postby Frank001 » Fri Oct 14, 2016 6:39 pm

Obie wrote:Please desist from writing in capital letters.

I am not sure if I can give more than I have already given.

It is a shame in your case, that matter is at Ftt. Due to the fact that mine was at the Upper Tribunal with permission, I am able to appeal to the court of appeal.

If my argument succeeds, it will benefit you aswell.


You will be able to challenge via JR if the FTT refuse to hear the case.


sorry i don't know is it ok to ask or not ..if anything negative happen ,can i talk to u privately about my case or any recommendation for lawyer
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Re: No right of appeal against refusal of residence card to

Postby Obie » Fri Oct 14, 2016 7:00 pm

You are entitled to post you message or questions on main forum until you have posted 30 posts.

No one is allowed to recommend any legal rep on the forum.

There is a high possibility that the presenting officer will direct the Tribunal to dismiss the appeal for lack of Jurisdiction.

I am hopeful that the information I give here may assist your solicitor in making a decision on the way forward.

I fell a deep sympathy for the predicament of Sala victim. Even the Upper Tribunal Judge was not happy, but felt his hands were tight.

I will say he did not have the bottle of following his conviction..
You haven't lived today successfully, unless you've done something for someone who can never repay you.'
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Re: No right of appeal against refusal of residence card to

Postby Frank001 » Fri Oct 14, 2016 7:05 pm

Obie wrote:You are entitled to post you message or questions on main forum until you have posted 30 posts.

No one is allowed to recommend any legal rep on the forum.

There is a high possibility that the presenting officer will direct the Tribunal to dismiss the appeal for lack of Jurisdiction.

I am hopeful that the information I give here may assist your solicitor in making a decision on the way forward.

I fell a deep sympathy for the predicament of Sala victim. Even the Upper Tribunal Judge was not happy, but felt his hands were tight.

I will say he did not have the bottle of following his conviction..
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Re: No right of appeal against refusal of residence card to

Postby Frank001 » Fri Oct 14, 2016 7:14 pm

Frank001 wrote:
Obie wrote:You are entitled to post you message or questions on main forum until you have posted 30 posts.

No one is allowed to recommend any legal rep on the forum.

There is a high possibility that the presenting officer will direct the Tribunal to dismiss the appeal for lack of Jurisdiction.

I am hopeful that the information I give here may assist your solicitor in making a decision on the way forward.

I fell a deep sympathy for the predicament of Sala victim. Even the Upper Tribunal Judge was not happy, but felt his hands were tight.

I will say he did not have the bottle of following his conviction..

Thnx for ur reply.
what about human right grounds ??
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Re: No right of appeal against refusal of residence card to

Postby Obie » Fri Oct 14, 2016 7:17 pm

It will do injustice to Vinny's thread, which was set up to deal with the case of Sala, for me to use it to discuss your case.

I am not sure of your circumstances, so can't comment on the strength of your Article 8 Case.
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Re: No right of appeal against refusal of residence card to

Postby Frank001 » Mon Oct 17, 2016 1:53 pm

Obie wrote:It will do injustice to Vinny's thread, which was set up to deal with the case of Sala, for me to use it to discuss your case.

I am not sure of your circumstances, so can't comment on the strength of your Article 8 Case.

hi do u have any update ???
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Re: No right of appeal against refusal of residence card to

Postby Obie » Mon Oct 17, 2016 9:22 pm

I have no update. If and when there is an update. You will know.
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Re: No right of appeal against refusal of residence card to

Postby mohsin1 » Wed Oct 19, 2016 7:06 pm

hi obie i won the case FTT..
home office grant permision to appeal..
uper trubinal grant the permision..
Error of law..
uper trubinal send me back to FTT
now i have a hearing on next month.
so could you help me is this no right of appeal effected in my case or not?
again FTT postpons hearing on that day judge ask HO he is going to postpone my hearing & if they need any documnets then they will provide u but HO said no he give us all the documnts his documnts are now beed complted.
postpone reason is my uncle operation these days again they give me hearing which is next month november.
note..last hearing HO agreed that my all the documnts are complted inculded error of law on my previous hearing that was Ftt
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Re: No right of appeal against refusal of residence card to

Postby Obie » Wed Oct 19, 2016 11:47 pm

Wait and hear what they say. However the Home Office presenting officer is likely to tell the tribunal to dismiss the appeal for lack of Jurisdiction..
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Re: No right of appeal against refusal of residence card to

Postby mohsin1 » Thu Oct 20, 2016 2:52 am

Obie could we go to the reconsider option before our hearing.?
and tell HO to reconsider our case because our documnets aare complted as HO already said that Your All documnets are complte so we dont need any other documnets.
so is this a good option to tell them to reconsider our case and take his ( HO) decision back.?
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Re: No right of appeal against refusal of residence card to

Postby Obie » Thu Oct 20, 2016 12:37 pm

Can't say much, you just have to wait and see what the judge says.
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Re: No right of appeal against refusal of residence card to

Postby mohsin1 » Sat Oct 22, 2016 8:17 am

Frank001 wrote:
Obie wrote:He will discus your options with you I guess .


MY APPEAL HEARING IS NEXT WEEK DIDN'T STILL KNOW WHAT KIND OF POINT HE WILL MAKE . THATS THE RAESON COMING HERE TO HEAR/KNOW SOMETHING.NO GUIDANCE FROM HIS SIDE.THEY REFUSED BASED ON INTERVIEW NOTHING ABOUT DOCUMENTS .ANY ADVISE FOR ME FROM U PLEASE ???
LOOKING FOR BETTER LAYWER ,REALLY FRUSTRATED .

hi frank judge listen your appeal?
and give postive or negitive finding or judge dismissed ur appeal without listening?
and where was your hearing + is this FTT hearing kindly reply
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Re: No right of appeal against refusal of residence card to

Postby Frank001 » Sat Oct 22, 2016 9:49 pm

mohsin1 wrote:
Frank001 wrote:
Obie wrote:He will discus your options with you I guess .


MY APPEAL HEARING IS NEXT WEEK DIDN'T STILL KNOW WHAT KIND OF POINT HE WILL MAKE . THATS THE RAESON COMING HERE TO HEAR/KNOW SOMETHING.NO GUIDANCE FROM HIS SIDE.THEY REFUSED BASED ON INTERVIEW NOTHING ABOUT DOCUMENTS .ANY ADVISE FOR ME FROM U PLEASE ???
LOOKING FOR BETTER LAYWER ,REALLY FRUSTRATED .

hi frank judge listen your appeal?
and give postive or negitive finding or judge dismissed ur appeal without listening?
and where was your hearing + is this FTT hearing kindly reply


hi obie nice to hear from u.
i didn't understand much from hearing . it was FTT . HO did say about sala case.judge was listening and after my lawyer said about rules judge asked me some questions HO was arguing and didn't ask me any question ,i don't know what will be outcome ?
judge did asked questions happy with documentation what do u think from ur experience ?
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Re: No right of appeal against refusal of residence card to

Postby Obie » Sat Oct 22, 2016 9:56 pm

Unfortunately Sala is binding on Fttt so they will have to follow it.

Did the lawyer not explain next step for you.
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Re: No right of appeal against refusal of residence card to

Postby Frank001 » Sat Oct 22, 2016 10:22 pm

Obie wrote:Unfortunately Sala is binding on Fttt so they will have to follow it.

Did the lawyer not explain next step for you.

may be fresh application or judicial review.
do u think any change can come by this time or near future about this law ??
Last edited by Frank001 on Sat Oct 22, 2016 10:25 pm, edited 1 time in total.
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Re: No right of appeal against refusal of residence card to

Postby Obie » Sat Oct 22, 2016 10:24 pm

Depends on the actual basis of refusal.

If you don't understand what was said, it is the duty of lawyer to explain to you, or you demand answers.
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