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Am I eligible for compensation

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

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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Samelamin
Member of Standing
Posts: 361
Joined: Wed Oct 06, 2010 8:41 am
Location: 161
Sudan

Am I eligible for compensation

Post by Samelamin » Tue Aug 14, 2012 7:33 pm

Hi

For those of you who are not familiar with my case, I applied for EEA on 19th of December,11 days after my wedding ceremony with my EEA parter who is under full time employment.

on the 19th of June a decision was made on our application with a report concindently coming out on the exact same day as the deadline saying an immigration officer believes me and my partner could not communicate with each other and needed an interpreter.

Despite countless emails and phone calls the home office didnt even bother to check the validity of said report and just refused it on that basis

We have had our appeal allowed and tomorrow I will be sending over my passport and hopefully put this matter to bed

My question for the gurus is am I eligible for compensation on:

1) missing my holiday, Tickets,hotels

2) for the appeal fees which the tribunal is adamant I am not exempted because I was not being removed despite the home office saying I should make preparations to be removed

3) solicitor fees


All of which would have been prevented if they just validated what they had, they did not have a leg to stand on in court and the judge quickly ruled in our favour. But who's job is it to prove the relationship? Us or them? and if it is them is there a link to prove it in court just in case I have to
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Post by EUsmileWEallsmile » Tue Aug 14, 2012 8:01 pm

Congratulations on your success.

Do you still have a solicitor? Can you not direct your question to them?

Regarding the fees, there is some information here.

Quote:
Reduction or remission of fees7. A fee specified in this Order may be reduced or remitted where the Lord Chancellor is satisfied that there are exceptional circumstances which justify doing so.

http://www.legislation.gov.uk/uksi/2011 ... ade#f00001

http://www.legislation.gov.uk/uksi/2011 ... ade#f00001

And this...
Quote:
where a fee has been paid which the Lord Chancellor, if all the circumstances had been known, would have reduced or remitted under article 7, the fee or the amount by which the fee would have been reduced, as the case may be, shall be refunded.


Perhaps an appeal allowed in circumstances where the ECO just failed to understand or simply misapplied the regulations would result in a fee being returned?

efimmike
Newbie
Posts: 40
Joined: Sun Aug 12, 2012 1:12 pm

congrats

Post by efimmike » Wed Aug 15, 2012 2:43 pm

Hi Samelamin
I ve been following ur threat all this while because my case is 90% similar to yours. I am African now on psw which is expiring next month, i got married to my Polish gf on the 8th of June and applied for RC on the 9th of July. I didn't include any photgraph of our wedding eventhough i ve lots because it was not in the required documents. Anyway, i am still waiting for my COA.
Can you please brief me/us what happened in court when u appealed?
Can't wait to read from you.
Once more congratulations you proved them otherwise.

efimmike
Newbie
Posts: 40
Joined: Sun Aug 12, 2012 1:12 pm

prove

Post by efimmike » Wed Aug 15, 2012 2:49 pm

If they reject my case on such stupid reasons i will send them a video when i am having sex with my wife.
They re really waisting our hard earn tax money on cases like this. I can imagine the stress u went through all this while if you can put it in cash value i will suggest you ask the for compensation.
Please reply to my previous text.
I am more than happy for you you have given me more hopes.
cheers

fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 9:04 am
Location: England
Netherlands

Post by fysicus » Wed Aug 15, 2012 3:25 pm

That would be an interesting video: two people having gender ... with each other, I suppose.
I hope you are not too old to learn (like myself and everybody else), and so I would like to explain that in English gender is a property of a single person, not an activity (either of one person or a group of persons). It does, however, have a synonym which can also be used to describe an activity (yes indeed, the one you want to put on video).

All the best with your application, anyway!

mcovet
BANNED
Posts: 494
Joined: Thu Mar 25, 2010 2:00 pm

Post by mcovet » Wed Aug 15, 2012 5:26 pm

fysicus wrote:That would be an interesting video: two people having gender ... with each other, I suppose.
I hope you are not too old to learn (like myself and everybody else), and so I would like to explain that in English gender is a property of a single person, not an activity (either of one person or a group of persons). It does, however, have a synonym which can also be used to describe an activity (yes indeed, the one you want to put on video).

All the best with your application, anyway!
fysicus, the system didn't allow the dude to put S E X so changed it automatically to "gender" so no need to pick on the weirdo here, who would wanna see him having "gender" unless the mrs. is HOT!!!! post it on youtube mate

Samelamin
Member of Standing
Posts: 361
Joined: Wed Oct 06, 2010 8:41 am
Location: 161
Sudan

Post by Samelamin » Wed Aug 15, 2012 10:33 pm

you can find the summary of my case under the appeal timeline

please feel free to send me questions, I would def say send them evidence as they can always just say we got an "official" report saying your a fake couple

all African/asian and eastern European couples who marry so close to the visa ending will raise eyebrows

There is no harm badgering them and saying you rejected someone based on a false report and here is the evidence of our relationship
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 9:04 am
Location: England
Netherlands

Post by fysicus » Thu Aug 16, 2012 9:51 am

mcovet wrote:fysicus, the system didn't allow the dude to put S E X so changed it automatically to "gender" so no need to pick on the weirdo here, who would wanna see him having "gender" unless the mrs. is HOT!!!! post it on youtube mate
Sorry, I didn't know that. I tried it for myself (using the preview facility), and indeed it was changed automatically. I am very disappointed to learn that this forum has such ridiculous, unnecessary and paternalistic rules in place!
Is the list of forbidden words listed somewhere?

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