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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.

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Raja2018
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Pakistan

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

Post by Raja2018 » Sat Oct 13, 2018 12:58 pm

I was refunded by FTT when they didnot heard my case because of SALA then UT send me back to FTT but no fees was asked.

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 » Sat Oct 13, 2018 6:09 pm

Raja2018 wrote:
Sat Oct 13, 2018 12:58 pm
I was refunded by FTT when they didnot heard my case because of SALA then UT send me back to FTT but no fees was asked.
U was lucky because they didn't five me refund

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

Post by Imran_Mushtaq » Sun Oct 14, 2018 10:51 am

Shahbazraja786 wrote:
Sat Oct 13, 2018 9:40 am
Raja2018 wrote:
Sat Oct 13, 2018 8:18 am
Imran_Mushtaq wrote:
Fri Oct 12, 2018 8:46 pm
Hi guys
Hope all are fine.
My appeal will be heard on 26 October 2018 but still i have not received the notice / instructions to make the payment of £140 for hearing.
What will be happend if i will not pay the amount before the hearing? Will judge hear my case? Will can i deposit the amount of £140 after my hearing?
Requesting for feedback. Thank you
Same happened with me and they didnot asked for any payment but appeal was heard.
Or I think u already have paid your court fee when 1st time ftt logged in your apeal but they didn't hear your apeal same like my apeal and lots of other guys.
After the previous visit they refunded the amount into my brother'account.

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

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

Post by Shahbazraja786 » Sun Oct 14, 2018 10:51 pm

Imran_Mushtaq wrote:
Sun Oct 14, 2018 10:51 am
Shahbazraja786 wrote:
Sat Oct 13, 2018 9:40 am
Raja2018 wrote:
Sat Oct 13, 2018 8:18 am
Imran_Mushtaq wrote:
Fri Oct 12, 2018 8:46 pm
Hi guys
Hope all are fine.
My appeal will be heard on 26 October 2018 but still i have not received the notice / instructions to make the payment of £140 for hearing.
What will be happend if i will not pay the amount before the hearing? Will judge hear my case? Will can i deposit the amount of £140 after my hearing?
Requesting for feedback. Thank you
Same happened with me and they didnot asked for any payment but appeal was heard.
Or I think u already have paid your court fee when 1st time ftt logged in your apeal but they didn't hear your apeal same like my apeal and lots of other guys.
After the previous visit they refunded the amount into my brother'account.
When did u go to the court last time ? I had apeal date October 2016 and now I reopened my apeal and ftt five me date for February 14

Imran_Mushtaq
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Posts: 19
Joined: Wed Jul 19, 2017 2:53 pm

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

Post by Imran_Mushtaq » Mon Oct 22, 2018 6:08 pm

Has anyone received result of hearing?
If yes? What is the feedback?
Thank you

Raja2018
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Posts: 36
Joined: Sun Jan 07, 2018 3:14 pm
Pakistan

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

Post by Raja2018 » Tue Oct 23, 2018 8:17 pm

Hi, 5 weeks and haven't received a decision from FTT.

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

Post by ScottJonesy » Thu Oct 25, 2018 11:23 am

Hi all

This decision is me and my other half - https://www.bailii.org/ew/cases/EWCA/Civ/2018/2378.html

We were told in Court - basically threatened - that they may use other means to deny people after Bangor. The Lords and Lady are clear re that.

The Home Office were absolutely CRUSHED in the RCJ

Obie
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Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

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

Post by Obie » Thu Oct 25, 2018 1:06 pm

ScottJonesy wrote:
Thu Oct 25, 2018 11:23 am
Hi all

This decision is me and my other half - https://www.bailii.org/ew/cases/EWCA/Civ/2018/2378.html

We were told in Court - basically threatened - that they may use other means to deny people after Bangor. The Lords and Lady are clear re that.

The Home Office were absolutely CRUSHED in the RCJ
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.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

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

Post by vinny » 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.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

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

Post by Obie » Thu Oct 25, 2018 1:45 pm

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.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

Imran_Mushtaq
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Posts: 19
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Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by Imran_Mushtaq » Sun Oct 28, 2018 7:03 am

Hi guys
Hope you are good.
I am EFM of two EU nationals. I had hearing on last friday. In courtroom we cleared all objections raised by home office. My brother and sister answered of all questions very rightly.
Our solicitor and barrister was with us. Proceeded judged told us that objections of home office have been cleared now only he just want to know that case is under law and then he will write us within 2 - 3 weeks about his decision.
What is this? Do we consider yes from court side?
Thank you

loveleakside
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Nigeria

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

Post by loveleakside » Sun Oct 28, 2018 11:25 pm

Hello Imran
Please what kind of questions should we be expecting? I have my Ftt hearing next year may after my case was remitted by upper tribunal around April this year. My case was refused only because the home office official was not satisfied on the living together as a family member in the UK alone after accepting all other grounds prior before coming . So what sort of question should i and my uncle be expecting please

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

Post by Imran_Mushtaq » Mon Oct 29, 2018 3:29 pm

loveleakside wrote:
Sun Oct 28, 2018 11:25 pm
Hello Imran
Please what kind of questions should we be expecting? I have my Ftt hearing next year may after my case was remitted by upper tribunal around April this year. My case was refused only because the home office official was not satisfied on the living together as a family member in the UK alone after accepting all other grounds prior before coming . So what sort of question should i and my uncle be expecting please
Its depends upon your objections raised by the home office.
Mine was majorly two; one was related to my and my sister's birthday certificates and other one was financially dependency.
We responded on both in court and the representative of home office said that he is satisfied now.

Imran_Mushtaq
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Posts: 19
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Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Post by Imran_Mushtaq » Mon Oct 29, 2018 8:10 pm

loveleakside wrote:
Sun Oct 28, 2018 11:25 pm
Hello Imran
Please what kind of questions should we be expecting? I have my Ftt hearing next year may after my case was remitted by upper tribunal around April this year. My case was refused only because the home office official was not satisfied on the living together as a family member in the UK alone after accepting all other grounds prior before coming . So what sort of question should i and my uncle be expecting please
Its depends upon your objections raised by the home office.
Mine was majorly two; one was related to my and my sister's birthday certificates and other one was financially dependency.
We responded on both in court and the representative of home office said that he is satisfied now.

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 » Mon Oct 29, 2018 8:43 pm

Imran_Mushtaq wrote:
Mon Oct 29, 2018 8:10 pm
loveleakside wrote:
Sun Oct 28, 2018 11:25 pm
Hello Imran
Please what kind of questions should we be expecting? I have my Ftt hearing next year may after my case was remitted by upper tribunal around April this year. My case was refused only because the home office official was not satisfied on the living together as a family member in the UK alone after accepting all other grounds prior before coming . So what sort of question should i and my uncle be expecting please
Its depends upon your objections raised by the home office.
Mine was majorly two; one was related to my and my sister's birthday certificates and other one was financially dependency.
We responded on both in court and the representative of home office said that he is satisfied now.
Your sister was already in .uk when u came or u came 1st ?

loveleakside
Newly Registered
Posts: 4
Joined: Sat Jun 09, 2018 6:56 pm
Nigeria

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

Post by loveleakside » Tue Oct 30, 2018 2:46 am

Thanks. Mine was refused only on dependency in the UK on my eea national.

Imran_Mushtaq
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Posts: 19
Joined: Wed Jul 19, 2017 2:53 pm

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

Post by Imran_Mushtaq » Tue Oct 30, 2018 7:23 am

Shahbazraja786 wrote:
Mon Oct 29, 2018 8:43 pm
Imran_Mushtaq wrote:
Mon Oct 29, 2018 8:10 pm
loveleakside wrote:
Sun Oct 28, 2018 11:25 pm
Hello Imran
Please what kind of questions should we be expecting? I have my Ftt hearing next year may after my case was remitted by upper tribunal around April this year. My case was refused only because the home office official was not satisfied on the living together as a family member in the UK alone after accepting all other grounds prior before coming . So what sort of question should i and my uncle be expecting please
Its depends upon your objections raised by the home office.
Mine was majorly two; one was related to my and my sister's birthday certificates and other one was financially dependency.
We responded on both in court and the representative of home office said that he is satisfied now.
Your sister was already in .uk when u came or u came 1st ?
She is in UK and i am not there. Still in Pakistan and wants an entry visa.

Raja2018
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Posts: 36
Joined: Sun Jan 07, 2018 3:14 pm
Pakistan

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

Post by Raja2018 » Sun Nov 04, 2018 1:18 pm

Hi, I have received the decision letter fom FTT after 6 weeks and got was refused, any suggestions that should I reapply or ask for permission to appeal in UT.

Imran_Mushtaq
Newly Registered
Posts: 19
Joined: Wed Jul 19, 2017 2:53 pm

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

Post by Imran_Mushtaq » Mon Nov 05, 2018 6:37 pm

Raja2018 wrote:
Sun Nov 04, 2018 1:18 pm
Hi, I have received the decision letter fom FTT after 6 weeks and got was refused, any suggestions that should I reapply or ask for permission to appeal in UT.
What is the reason to declined your appeal?

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 » Sun Nov 11, 2018 4:03 pm

Obie wrote:
Thu Oct 25, 2018 1:06 pm
ScottJonesy wrote:
Thu Oct 25, 2018 11:23 am
Hi all

This decision is me and my other half - https://www.bailii.org/ew/cases/EWCA/Civ/2018/2378.html

We were told in Court - basically threatened - that they may use other means to deny people after Bangor. The Lords and Lady are clear re that.

The Home Office were absolutely CRUSHED in the RCJ
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.
Hi please can u guide me.my hearing date is in February for extanded family member.my uncle is above 65 can he apply for pension and if he apply for pension it will affect my cause on not ? And if he apply for pension he still can work after pension or he will not allowed for work after pension ?
Thanks

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