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husbands appeal dismissed

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aysie
Newbie
Posts: 45
Joined: Sat Apr 17, 2010 6:24 pm

husbands appeal dismissed

Post by aysie » Fri Sep 02, 2011 2:37 am

my husbands appeal under article 8 has been refused, whilst the reason for the original visa refusal was that the home office did not believe it wasn't a marriage of convenience and there was no family life, we had the right to appeal so we did.
we received the appeal decision today and they have dismissed it, even though the judge states there is family life, (iam confused as i thought that was the argument)
the judge states that my husband was an overstayer which is not true, she states he didnt make an application until his visa had already expired not true again. we also have a 3 and a half year old son, who starts school on Monday. that and the fact that my mother is disabled are the reasons why i cannot accompany him back to Cyprus. in court i was asked why i could not, i replied that our son is starting school in a few weeks time, that my mother is disabled and i had the right of abode. she also asked why my 3 other siblings could not care for my mother, the simple reason is one is in full time education, the other works full time and the remaining sibling has just had a baby (valid reasons i thought), she also takes notice that i lived in cyprus for 2 years 06-08 and since my son was born in 2008 i visited 4 times as my husband was there, and why could i not again, i dont think they take into consideration that circumstances change.
she has also stated that a childs removal with both parents does not affect any human rights, the child is british so he cannot be removed and by removing his father will in fact be in breach of my husbands human rights and our sons.
can some one please give me any information they possibly can, i have 5 days to submit an appeal :(
thanks

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Fri Sep 02, 2011 5:53 am

The right of appeal to the Upper Tribunal can only be exercised on grounds that the appeal decision was incorrect in law (i.e. that findings of fact, with which you appear to disagree, are not subject to further challenge).

Surely you have a legal advisor? If not, you should instruct one quickly. You can't do this on your own. If you do have one, you should follow their advice.

aysie
Newbie
Posts: 45
Joined: Sat Apr 17, 2010 6:24 pm

Post by aysie » Sat Sep 03, 2011 11:27 am

I'm just looking for all the advice I can get

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Sat Sep 03, 2011 1:39 pm

No one can advise on such an issue without seeing the determination and the evidence before the tribunal-you need to leave this to your representative.

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