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Re: No right of appeal against refusal of residence card to
Posted: Fri Oct 14, 2016 7:00 pm
by Obie
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..
Re: No right of appeal against refusal of residence card to
Posted: Fri Oct 14, 2016 7:05 pm
by Frank001
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..
Re: No right of appeal against refusal of residence card to
Posted: Fri Oct 14, 2016 7:14 pm
by Frank001
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 ??
Re: No right of appeal against refusal of residence card to
Posted: Fri Oct 14, 2016 7:17 pm
by Obie
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.
Re: No right of appeal against refusal of residence card to
Posted: Mon Oct 17, 2016 1:53 pm
by Frank001
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 ???
Re: No right of appeal against refusal of residence card to
Posted: Mon Oct 17, 2016 9:22 pm
by Obie
I have no update. If and when there is an update. You will know.
Re: No right of appeal against refusal of residence card to
Posted: Wed Oct 19, 2016 7:06 pm
by mohsin1
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
Re: No right of appeal against refusal of residence card to
Posted: Wed Oct 19, 2016 11:47 pm
by Obie
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..
Re: No right of appeal against refusal of residence card to
Posted: Thu Oct 20, 2016 2:52 am
by mohsin1
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.?
Re: No right of appeal against refusal of residence card to
Posted: Thu Oct 20, 2016 12:37 pm
by Obie
Can't say much, you just have to wait and see what the judge says.
Re: No right of appeal against refusal of residence card to
Posted: Sat Oct 22, 2016 8:17 am
by mohsin1
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
Re: No right of appeal against refusal of residence card to
Posted: Sat Oct 22, 2016 9:49 pm
by Frank001
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 ?
Re: No right of appeal against refusal of residence card to
Posted: Sat Oct 22, 2016 9:56 pm
by Obie
Unfortunately Sala is binding on Fttt so they will have to follow it.
Did the lawyer not explain next step for you.
Re: No right of appeal against refusal of residence card to
Posted: Sat Oct 22, 2016 10:22 pm
by Frank001
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 ??
Re: No right of appeal against refusal of residence card to
Posted: Sat Oct 22, 2016 10:24 pm
by Obie
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.
Re: No right of appeal against refusal of residence card to
Posted: Sat Oct 22, 2016 10:28 pm
by Frank001
Obie wrote: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.
refusal was based on interview ,we gave some answers interviewer didn't think its credible.i will ask my lawyer again about the options .nothing wrong about documentation .
BTW what about ur case any update ?
Re: No right of appeal against refusal of residence card to
Posted: Sat Oct 22, 2016 10:31 pm
by Obie
Has he explained the case of Sala to you and the potential impact on your case
Re: No right of appeal against refusal of residence card to
Posted: Sat Oct 22, 2016 10:35 pm
by Frank001
Obie wrote:Has he explained the case of Sala to you and the potential impact on your case
i will ask .thats the reason i want to change my lawyer ,i wasn't sure even what can happen before i went to court !! what do u think to go for JR or fresh application or any other option i have ?my visa finished already while i applied for visa.
Re: No right of appeal against refusal of residence card to
Posted: Sat Oct 22, 2016 10:43 pm
by Obie
It depends on the level and extent of the allegations agaist you.
I was told by the Senior Presenting officer that there are arrangements in place for those who had permission to appeal to the UT, but appeal could not proceed. However he did not say what it was.
For people in your case i find it unfair.
I have sent pre-action protocol. I shall update tribunal of what they say.
Posted: Sun Oct 23, 2016 8:23 pm
by Koukii Mea
Please help !
Am 20 years old i applied eea family permit , as my father he is french , and am from tunisia , i applied as going with my father for one week holiday to the uk , i just want to know if they can refuse me , cuz in guv.uk website they saying children under 21 they dont need to submit finance part , help please lot of stress here -_-
Re: No right of appeal against refusal of residence card to
Posted: Sun Oct 23, 2016 11:33 pm
by Frank001
Obie wrote:It depends on the level and extent of the allegations agaist you.
I was told by the Senior Presenting officer that there are arrangements in place for those who had permission to appeal to the UT, but appeal could not proceed. However he did not say what it was.
For people in your case i find it unfair.
I have sent pre-action protocol. I shall update tribunal of what they say.
Hi obie I have a question why didn't judge just dismissed my case while he has known already about sala ?what was the purpose of asking questions?
Re: No right of appeal against refusal of residence card to
Posted: Mon Oct 24, 2016 1:25 am
by mohsin1
Frank001 wrote:Obie wrote:It depends on the level and extent of the allegations agaist you.
I was told by the Senior Presenting officer that there are arrangements in place for those who had permission to appeal to the UT, but appeal could not proceed. However he did not say what it was.
For people in your case i find it unfair.
I have sent pre-action protocol. I shall update tribunal of what they say.
Hi obie I have a question why didn't judge just dismissed my case while he has known already about sala ?what was the purpose of asking questions?
frank001 i had a conversation with my lawyer he said there is a new poxy come judge ask listen your case and give you a actual finding either postive or negative but remeber they gonna refuse you but postive finding with refusl make you strong on JR.
Re: No right of appeal against refusal of residence card to
Posted: Mon Oct 24, 2016 6:46 pm
by Obie
In my experience so far, not all judges are making findings, and Home Office are not bound per sa to accept those finding, but it works in the sense that one can use it, in the case of a Upper Tribunal to say to the Home Office, look a judge at the Upper Tribunal said this about my case. If i went for a JR, his colleague is hardly going to go against him or her.
Re: No right of appeal against refusal of residence card to
Posted: Tue Oct 25, 2016 8:49 pm
by mohsin1
hi obie..is sala case effect on DeNovo hearing?
my De NoVo hearing last time had adjourned on july.
and new date for de novo in december.
Re: No right of appeal against refusal of residence card to
Posted: Tue Oct 25, 2016 10:38 pm
by Obie
Pretty much so. The FTT are bound by the law as interpreted by the UT.
A De Novo hearing cannot proceed if the UT has ruled that no right of appeal is conferred on an Extended family member.