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notice of appeal

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olalkn
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Joined: Mon Nov 23, 2009 8:34 pm

notice of appeal

Post by olalkn » Sun Jun 26, 2011 2:42 pm

I need urgent advice on my matter,I put an application for Discretion Leave to remain- FLR(O) for myself ,wife and 2 children( 5 and 3 years) in October 2009 via my legal adviser.he submitted only the form with my kids BC.
The application was refused in September 2010 without option of appeal....
My legal advise asked there if any of the kids has any medical issue,i was surprised he asked because i told her initially.My daughter is suffering sickle cell anaemia.
He now said we need to submit another fresh application to HO with the new information( he apologized for his oversight),He advised we get a letter from the consultant treating my daughter.Another application was submitted to HO in Oct 2010 and was refused in Jan 2011 again,that there is treatment for Sickle cell anaemia in
my home country ( i lost a daughter in 2004 to sickle cell anaemia in my home country shortly before i moved to UK) I was really disappointed with the way he handling the matter,so i changed to a Solicitor,who now wrote letter to HO explaining to them my situation to them.Ho apologized that they are not aware of the new development,that we should submit the new evidence,
The solicitor decide we should go to high court for JR,we receive a letter from the HO that we should go withdraw the case from the court that they will reconsider the matter,which we did.
2 weeks later we received a letter and method of entry questionnaire from HO that we should provide a lots of documents like marriage cert,bills,council tax etc.
I submitted what i have and few days ago,we received a refusal letter from HO again,in fact it was very sad and frustrating.They sent us enforcement papers,and we re given the right to in-country appeal.
Please i need advise on this,i went to see my solicitor and he said the appeal is not always good.

vinny
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Posts: 30431
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sun Jun 26, 2011 3:27 pm

Why is "the appeal is not always good"? What other options do you have?

Zambrano and ZH (Tanzania) should help.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given 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.

olalkn
Newly Registered
Posts: 5
Joined: Mon Nov 23, 2009 8:34 pm

Post by olalkn » Mon Jun 27, 2011 6:38 pm

He said it depends on what the first legal wrote in previous application.
That the Judge is going to use the application for the appeal
But i believe that with my 2 kids,we can win by the grace of God.
Thanks for the sited cases

HRY2005
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Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

Post by HRY2005 » Tue Jun 28, 2011 9:04 pm

Pursue the appeal. You should be successful. How long have you, your wife and your kids lived in the UK?

Zambrano and ZH Tanzania are for national children, (Belgian and British respectively). So, if your children are not British, HO lawyers might be able to argue that against you.

If your lawyer argue your case properly, you will succeed on appeal, although you didnt mention how long your children has been in the UK? Are they 5 and 3 years old now or at the time of application in 2009? Were they born in the UK?

If you provide the above information, it might help people to give you better advise.

Good luck.
Live and let live

olalkn
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Posts: 5
Joined: Mon Nov 23, 2009 8:34 pm

Post by olalkn » Tue Jun 28, 2011 9:18 pm

me and my wife has been in the UK since 2004,and our 2 children were born in the UK.They are 5 and 3 now.

HRY2005
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Posts: 344
Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

Post by HRY2005 » Tue Jun 28, 2011 9:28 pm

It all depends on how your lawyer present your case to the tribunal. If properly argued, you should be fine.

I wish you the best.
Live and let live

olalkn
Newly Registered
Posts: 5
Joined: Mon Nov 23, 2009 8:34 pm

Post by olalkn » Wed Jun 29, 2011 9:23 pm

thank you all,and i will keep you posted on the development

olalkn
Newly Registered
Posts: 5
Joined: Mon Nov 23, 2009 8:34 pm

Post by olalkn » Fri Aug 12, 2011 6:10 pm

HRY2005 wrote:It all depends on how your lawyer present your case to the tribunal. If properly argued, you should be fine.

I wish you the best.
We have been given an appeal date and venue,its Taylor House.
I went to my solicitor today,that the bundle from the home office has arrived.
HO did not send all the supporting documents we submitted,just only the
application form and the all the refusal letters from them.
So he said he will submit another bundle to the Tribunal with all the necessary
documents that we submitted to back up the application.
He said that the first legal adviser we used initially has made mess of the application
but from experience our chances is very limited,its 50/50.
And he also said that he will need to hire a Barrister to go with us to the Tribunal.
This is very depressing and draining,and also very costly.
Please advice

vinny
Moderator
Posts: 30431
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sat Aug 13, 2011 4:39 am

HRY2005 wrote:Zambrano and ZH Tanzania are for national children, (Belgian and British respectively). So, if your children are not British, HO lawyers might be able to argue that against you.

If your lawyer argue your case properly, you will succeed on appeal, although you didnt mention how long your children has been in the UK? Are they 5 and 3 years old now or at the time of application in 2009? Were they born in the UK?.
You're right. The kids are not British.

Shockingly, medical grounds may be insufficient.

Unfortunately, recent judgment does not help.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given 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.

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