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SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

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

eubritish
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Posts: 54
Joined: Wed Mar 21, 2018 10:37 pm

Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by eubritish » Fri Jun 29, 2018 3:17 pm

Imran_Mushtaq wrote:
Fri Jun 29, 2018 4:54 am
Obie wrote:
Thu Jun 28, 2018 11:02 am
Imran_Mushtaq wrote:
Wed Jun 27, 2018 9:24 am
Hi Obie,
Need your advise.
I am an EFM (Brother) of an Italian citizen (Citizen). I applied for enrty permit from Pakistan and my request was turn down by UK embassy located in Pakistan.
We decided for appeal which was dismissed due to SALA case and after that my appeal was reallowed by the UT. Now my hearing date is in October, 2018.
We hired a solicitor in UK and he asked to present the DNA test report to prove our relationship. He saied DNA report will make you case more strong.

I just want to know that is this test is mandatory for EFM (Bro & Sis)? or will it be benificial for my case? Thank you
In light of the recent supreme court ruling there is not reason to demonstrate that you are related to the EEA national by blood or through marriage. Therefore you will be fine. All that needs to be demonstrated is evidence of dependency or membership of the EEA national's household.
Thank you Obie for your advise.
You should get, in case you already haven't, Family Registration Certificate from NADRA. Together with birth certificate of yours and that of your sibling in the UK, this should be enough. There is no need for DNA test.

Good luck

Khawaja12345
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Pakistan

Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by Khawaja12345 » Sun Jul 01, 2018 2:48 pm

Hi,

I came here as a student in 2012. I was having visa till june 2014. I couldn't complete my diploma because of suspension of my colleges. I went through many stages till the end of 2015.
I applied as an extended family member of European national in 2016 with my brother in law. This application was refused on the basis of dependency before coming to UK and Home office was not satisfied with the documents we had provided . Appeal right was not given due to Sala. JR was taken but judge said back home evidence is not enough. Then I made another application with more evidence in 2017. My this application was refused on the basis of relationship with my brother in law. That I have to show relationship with EEA national. They did not consider other documents. Appeal right was not given although Sala was overturned. My 3rd application is in progress and I am less hopeful about the decision. My fiancee will be coming on a student visa in Nov 2018. Can I become her dependent while staying in the UK. What will be outcome of that application and what will be options. I don't want to give entry clearnce as the risk of refusal can separate us. I would be very grateful for help. Thanks

ScottJonesy
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Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by ScottJonesy » Mon Jul 02, 2018 4:59 pm

For those who are stuck in the system on the 2006 BS.

Despite Bobek the dearly beloved* Home Office are still holding out re the Judgement in Banger.

It comes out on the 12th July.

*Legally speaking they are prejudice against British people - uncontested . I'm using the UN definition

bek13
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Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by bek13 » Tue Jul 03, 2018 7:55 pm

ScottJonesy wrote:
Mon Jul 02, 2018 4:59 pm
For those who are stuck in the system on the 2006 BS.

Despite Bobek the dearly beloved* Home Office are still holding out re the Judgement in Banger.

It comes out on the 12th July.

*Legally speaking they are prejudice against British people - uncontested . I'm using the UN definition
Hi, what is gonna happen now to SALA case or after 12 july? Thanks

kashifsuhail
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Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by kashifsuhail » Thu Jul 12, 2018 9:04 am

hi everyone any good news about banger case...

Obie
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Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by Obie » Thu Jul 12, 2018 9:31 am

The Sala Judgement is out and it is very positive. It is likely that OFM will have a right of Appeal as a consequence of this judgement.

http://curia.europa.eu/juris/document/d ... cid=615834
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

kashifsuhail
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Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by kashifsuhail » Thu Jul 12, 2018 9:51 am

thanks obie..

eubritish
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Posts: 54
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Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by eubritish » Thu Jul 12, 2018 11:43 am

Obie wrote:
Thu Jul 12, 2018 9:31 am
The Sala Judgement is out and it is very positive. It is likely that OFM will have a right of Appeal as a consequence of this judgement.

http://curia.europa.eu/juris/document/d ... cid=615834
Did you mean EFM?

So in English, does it mean that Extended Family Members who have been refused an EEA Family Permit under 2016 Regulations can appeal against the refusal?

Obie
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Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by Obie » Thu Jul 12, 2018 12:28 pm

One of the defense of the UK, was that Article 31 is not applicable to EFM, as they have no right under the Directive. The CJEU rejected that and said article 31 is applicable to OFM. Therefore there is no reason why they should not be granted a right of appeal, like family members.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

bek13
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Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by bek13 » Thu Jul 12, 2018 12:38 pm

Obie wrote:
Thu Jul 12, 2018 12:28 pm
One of the defense of the UK, was that Article 31 is not applicable to EFM, as they have no right under the Directive. The CJEU rejected that and said article 31 is applicable to OFM. Therefore there is no reason why they should not be granted a right of appeal, like family members.
Thank you Obie for good news. As I am efm can I proceed hearing which is very soon?

bek13
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Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by bek13 » Thu Jul 12, 2018 5:08 pm

Hi guys. Will be hearing at FTT for EFM refused under regulation 2016 or will be dissmised because of no jurisdiction? Please help guys

Khawaja12345
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Pakistan

Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by Khawaja12345 » Fri Jul 13, 2018 5:09 am

Hello guys, Nobody replied to my previous post. What will be effect of banger. How long will it take for home office to amend 2016 regulations

Raja2018
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Pakistan

Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by Raja2018 » Sat Jul 21, 2018 1:27 pm

Obie wrote:
Thu Jul 12, 2018 12:28 pm
One of the defense of the UK, was that Article 31 is not applicable to EFM, as they have no right under the Directive. The CJEU rejected that and said article 31 is applicable to OFM. Therefore there is no reason why they should not be granted a right of appeal, like family members.
Hi Obie

Me and many other here were not heard by FTT b/c OF SALA, but after SALA was turned appeals were remitted to FTT by UT. We are waiting for our hearings by FTT in next 1 to 2 months but you told us earlier that appeals will not be heard b/c of BANGER.
Please tell us what you think now ?
Will our appeals be heard ?
Me and many other here really do need you opinion, please reply.

Many thanks

Imran_Mushtaq
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Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by Imran_Mushtaq » Wed Aug 01, 2018 6:52 am

Hello fellows.
What is the update of Banger case reference?
Is it in the favor of extended family members?
Thanks

Shahbazraja786
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Posts: 31
Joined: Mon Apr 10, 2017 3:51 pm

Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by Shahbazraja786 » Wed Aug 01, 2018 4:26 pm

Obie wrote:
Thu Jul 12, 2018 12:28 pm
One of the defense of the UK, was that Article 31 is not applicable to EFM, as they have no right under the Directive. The CJEU rejected that and said article 31 is applicable to OFM. Therefore there is no reason why they should not be granted a right of appeal, like family members.
Hello guys I need some information I applied my first case in 2015 and they refused and appeal a 12 in October 2016 but Court did not hear my I've been and I applied myself second case in home office and then they refused my second case as well and in this much I applied for appeal off my first cause now uper tribunal gave me date of 20 August.any idea what will happen ?

Raja2018
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Pakistan

Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by Raja2018 » Sat Aug 04, 2018 5:15 pm

Hi
Not sure but please update us after your hearing.

Thanks

Shahbazraja786
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Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by Shahbazraja786 » Sat Aug 04, 2018 9:32 pm

Raja2018 wrote:
Sat Aug 04, 2018 5:15 pm
Hi
Not sure but please update us after your hearing.

Thanks
I received another letter with 4 pages before 2 days and upper tribunal said we r granting your apeal.judge of 1st tribunal who was on the seen when u attended the court in 2016 she made some mistake in decision.and they attached a form IF u want earlly hearing date after 5 6 days please fill this form and send us back.
I have appointment with lawyer for Tuesday and I will ask to him in detail and let's see what he say.because I'm still confused what's happening.
And I will give u updates guys.best of luck for everyone

bek13
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Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by bek13 » Fri Aug 10, 2018 3:22 pm

My case was heard by ftt. Efm sala reg. 2016
Good luck to everyone

kashifsuhail
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Posts: 11
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Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by kashifsuhail » Fri Aug 10, 2018 8:13 pm

bek13 wrote:
Fri Aug 10, 2018 3:22 pm
My case was heard by ftt. Efm sala reg. 2016
Good luck to everyone
best of luck for your hearing.can you tell us more about the hearing please? i mean what happend in the court ?what kind of question judge asked you?

Shahbazraja786
Newbie
Posts: 31
Joined: Mon Apr 10, 2017 3:51 pm

Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by Shahbazraja786 » Sun Aug 12, 2018 9:22 am

kashifsuhail wrote:
Fri Aug 10, 2018 8:13 pm
bek13 wrote:
Fri Aug 10, 2018 3:22 pm
My case was heard by ftt. Efm sala reg. 2016
Good luck to everyone
best of luck for your hearing.can you tell us more about the hearing please? i mean what happend in the court ?what kind of question judge asked you?
Ok inshallah I will let u know.nd remember in prayers

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