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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

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 » Sat Nov 17, 2018 12:46 am

Imran_Mushtaq wrote:
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
Aslam o alaikum brother
Have u received any news from court or not yet ?

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 » Sat Nov 17, 2018 10:01 am

Shahbazraja786 wrote:
Sat Nov 17, 2018 12:46 am
Imran_Mushtaq wrote:
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
Aslam o alaikum brother
Have u received any news from court or not yet ?
Not yet

Shahbazraja786
Newly Registered
Posts: 27
Joined: Mon Apr 10, 2017 3:51 pm

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

Post by Shahbazraja786 » Wed Dec 05, 2018 8:55 am

Imran_Mushtaq wrote:
Sat Nov 17, 2018 10:01 am
Shahbazraja786 wrote:
Sat Nov 17, 2018 12:46 am
Imran_Mushtaq wrote:
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
Aslam o alaikum brother
Have u received any news from court or not yet ?
Not yet
Any update about your hearing ?

Obie
Moderator
Posts: 14128
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 » Wed Jan 16, 2019 3:51 pm

Home Office has decided it will reinstate appeal rights for extended family members.

https://www.freemovement.org.uk/governm ... y-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.

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

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

Post by eubritish » Wed Jan 16, 2019 4:56 pm

Obie wrote:
Wed Jan 16, 2019 3:51 pm
Home Office has decided it will reinstate appeal rights for extended family members.

https://www.freemovement.org.uk/governm ... y-members/
Thats great news Obie, thanks for sharing.

How does one go about actually lodging an appeal though at this point? because its only 'the secretary has confirmed he intends to introduce' which means nothing will change on the ground yet. In the appeal one obviously cannot refer to the intention of secretary of state as a legal basis.

Or am I missing something?

Shahbazraja786
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Posts: 27
Joined: Mon Apr 10, 2017 3:51 pm

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

Post by Shahbazraja786 » Thu Jan 24, 2019 12:43 am

Obie wrote:
Wed Jan 16, 2019 3:51 pm
Home Office has decided it will reinstate appeal rights for extended family members.

https://www.freemovement.org.uk/governm ... y-members/
It's mean they will allow apeals to causes that already had rejected under they regulation 2016 ?

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

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

Post by vinny » Thu Jan 24, 2019 12:47 am

Almost certainly.

Incorporating unlawful provisions in the 2016 EEA Regulations does not make them lawful.
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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Posts: 14128
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Location: UK/Ireland
Ireland

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

Post by Obie » Sun Jan 27, 2019 11:31 pm

One can only hope it is all done before the ensuing chaos and the Brexit crash that the UK may face soon, if something is not done.

I believe that if or when these changes are made, those who were wrongly refused under the 2016 regulation will be able to lodge a claim at the tribunal on the basis that they were wrongly refused, or they will be entitled to request their refusal under the regulations.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

Shahbazraja786
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Posts: 27
Joined: Mon Apr 10, 2017 3:51 pm

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

Post by Shahbazraja786 » Fri Feb 22, 2019 2:19 pm

Hi I have a question.my uncle in a german national and living in uk.he is sending money to his sister(my mum) to pakistan from last 3 years.can she apply from pakistan as a extended family member.if yes then what docoments she needs from pakistan ?

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 » Sat Feb 23, 2019 10:22 pm

Hi I applied for Extended EU family member 4 years ago have been living with my sponsor brother since and provided alot of proofs but got rejected.

Yesterday UT also dismissed my permission to appeal and their is no more right of appeal.

My question is if I put a fresh case do I got a chance secondly if I got refused will I get right of appeal.
Thank you so much for the help.

Shahbazraja786
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Posts: 27
Joined: Mon Apr 10, 2017 3:51 pm

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

Post by Shahbazraja786 » Tue Apr 30, 2019 2:50 pm

Why they refused your cause ?

Obie
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Location: UK/Ireland
Ireland

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

Post by Obie » Sun May 05, 2019 5:02 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
Hi Scott, i am mindful of the fact that you have not been active on the forum lately. It will be nice to get an update on your madam's case. Was she issued a residence card, or you are still awaiting the implementation of the decision? did they decide to appeal to the Supreme Court or they finally backed down?

The Court of appeal gave guidance in your case, it states that the Home Office cannot demand lawful residence in another memberstate for extended family members of British citizen, but under the new regulation 9(1A), i saw the lawful residence, which is clearly against the court's decision in Metock.
Please update us on whether your decision was appealed or not.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

loveleakside
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Nigeria

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

Post by loveleakside » Thu May 09, 2019 5:07 pm

Update ...
I had my eea efm appeal hearing today at Hatton Cross. Dependent prior before coming to the Uk was accepted during the time of application but dependent in the Uk is the major issue that the home office never accepted.
I was asked series of question and the same type was posed to my sponsor. 90% were accurate so the home office lawyer questioned my credibility because i came on a visit visa but claimed my intention was to stay here with my uncle. She said i decieved them during my applicatoon which the judge supported her but my lawyer claim that the travel history is irrelevant under eea laws. So the judge said he needs more time to make his decision since we both perform great during the question period except the credibility issue. Please i will like to know if the credibility question will not affect the decision.

Razasif1
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Pakistan

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

Post by Razasif1 » Thu Jun 20, 2019 1:02 am

Hi, Obie i learn a lot on this forum, great help,
Thank you all.
Here my question is that my nefew got EU EFM registration certificate recently, he would like to bring his spouse with him from his nin eu country.
Coluld you able to let me know what documents required for that.
Also as he is living with us under same roof, if he wants to live seperate now, is there any harm for this visa.and should i continue support him financially as i put little money in his account. Lastly if i am receiving some housing, child benifits etc, is there any conection between me and him regarding benifits i mean any harm?

Although he got work and business activities allowed so if he is working by his own any effect on my benifit? Or he can apply housing or any benifits when he start living with spouse, bit confusing are he both remain dependant on me, how we do the defination of depandent... financial dependant or member of house hold ,was financial dependent now he can earn money himself so just i am supporting morally as a uncle.
Please reply back.

Razasif1
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Posts: 2
Joined: Thu Jun 20, 2019 12:33 am
Pakistan

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

Post by Razasif1 » Thu Jun 20, 2019 4:20 pm

Razasif1 wrote:
Thu Jun 20, 2019 1:02 am
Hi, Obie i learn a lot on this forum, great help,
Thank you all.
Here my question is that my nefew got EU EFM registration certificate recently, he would like to bring his spouse with him from his nin eu country.
Coluld you able to let me know what documents required for that.
Also as he is living with us under same roof, if he wants to live seperate now, is there any harm for this visa.and should i continue support him financially as i put little money in his account. Lastly if i am receiving some housing, child benifits etc, is there any conection between me and him regarding benifits i mean any harm?

Although he got work and business activities allowed so if he is working by his own any effect on my benifit? Or he can apply housing or any benifits when he start living with spouse, bit confusing are he both remain dependant on me, how we do the defination of depandent... financial dependant or member of house hold ,was financial dependent now he can earn money himself so just i am supporting morally as a uncle.
Please reply back.

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