vinny wrote: ↑Thu Oct 25, 2018 1:24 pm
Obie wrote: ↑Thu Oct 25, 2018 1:06 pm
This is a good decision. THe Home Office was seeking to rely on a discrete point. That because you partner does not have a residence card issued by the polish authorities, therefore she does not qualify. Unfortunately the court reject that argument.
Very pleased for you. Well done.
Yes. Well done.
The Home Office was clutching at straws on an unsustainable point. They should have known that, as there’s also no such requirement in Regulation
9.
I am tired of the Home Office always trying to suppress the rights of Individuals. I get upset when i go to the Tribunal, they will not have served any rule 24 notice, and they will start opposing my appeal without any prior notice, such that i will be put in a disadvantage, and then in their own appeal they will complain to the judge that i refused to file rule 24 notice on time, and the Upper Tribunal will try to reprimand me, whiles they get away with murder. Then a silly and baised judge will demand that you watch the tone of your voice when you seek to protest. Absolute travesty.
When i complained the last time, the Judge said, well i must understand that the UKVI is a busy organisation, with many cases to deal with. I find it so insulting, that the judges thinks we are idle people, and therefore need to comply with procedural rule, but Home Office do not need to.
I find it disgraceful that they were given permission to amend, and allowed to raise a point which was not before the FTT or the Upper Tribunal.
I am happy on the subject succeed, but the court should not have allowed them to amend their grounds, and raise point which was not before the court below.
Anyway i am happy that it is now clear that they will not be allowed to refused residence to extended family member on the basis that they never applied for and obtained Residence card in the relationship memberstate.
Of immense interest to me, is the clarification that genuine residence in accordance with Article 7 relates to the British Citizen and not the EEA family member, such that if a family member had resided in the relationship memberstate for few years and the non EEA joined few months. There will not be a requirement for residence of any length for the Non -EEA looks like the regulations will need to be changed.
