JUDGE FAILED TO TUN UP IN UPPER TRIBUNAL WHAT NEXT

hi to everyone, this update is for my brother please we really need advice and opinion, here is the case summery.

married to EEA wife in 2008
RC was granted in 2009 valid for 5yers
divorce start in 2012 and finalised in 11/2/2013
apply for eea2 ROR in 12/3/2013
application refuse with right of appeal in 11/ 6/2013, but reasion for the refusal was unclear.
suporting documment sumited with the application is,
Ex eea wife P60s/payslips from 2008 to 2011) after that she started working as self employed from 2011to present)
1,accountant letter
2,National insurance contribution paid receipts 2011 to 2012
3,self assessment/tax return 2011to 2013
4, proof of adress in both names BT bils/gas bills from 2008 to 2012
5, non EEA proof of work after divorce P60s/payslip from 2009 to 2013+ employment letter.
Reasions for the Refuse, the case worker state that, you have failed to provide evidence that ur ex eea national was exercising treaty right from 2011 up to the point of ur divorce and you also failed to provide evidence of cohabitation for 3yers,so therefore you have fail to meet the requirement of regulation 10(6).
paper appeal sent 18/6/13
last date to summit evidence to court 17/11/2013
appeal dismiss by the firts tail tribunal judge 29/11/2013, reasion for dismiss, you did not provide evidence that ur ex eea national has been exercising treaty right for the periord of 5yers before the final date of ur divorce, so therefore you have fail to provide evidence that you have meet the requirements for parmanent residence card in accordance with regulation (15) of the immigration EEA regulation 2006,the judge also said that he was confused about the (ukba) decision to refuse the application because with the whom evidence in front of him the person qualified for a retained rights of residence if this is the right interpretation because the ukba did not suply all the pages of the application form which is not helpful at all,
but we send all the full budle of evidence all the page of the application form with the bundle to the tribunal but the judge fail to look at our bundle he only look at the home office evidence, and we only apply for EEA2 ROR not EEA4 for parmanent, so the judge was wrong in law.

we appeal against the judge decision to upper tribunal 3/12/13
appeal right to upper tribunal was granted in all granted on 23/12/13
hearing date 14/3/14, both our party and home office appear in court but the upper tribunal judge did not turn up on hearing day and this was a surpring thing, the court told us they will send us another hearing date but as for now they did not know why the judge didt tun up... so now what next and what did u guys think is goin to be the out come of this case we really need advice/opinion help from anyone of you.

failed to provide evidence of cohabitation for 3yers

This is non-sense .

Spouses/civil partners retain entitlement under EU law as a family member if they separate, as long as the marriage or civil partnership has not been dissolved (by decree absolute or final dissolution order) .

prior to the initiation of the proceedings for the termination of the marriage or the civil partnership the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration

no where it's saying to live together under same roof for 3 years.

appeal dismiss by the firts tail tribunal judge 29/11/2013, reasion for dismiss, you did not provide evidence that ur ex eea national has been exercising treaty right for the periord of 5yers before the final date of ur divorce

Is it ROR or PR application ? for ROR yes you need to show EEA national was exercising treaty right before decree absolute. It can be even 4/5 month before decree absolute date

askmeplz82 wrote:

failed to provide evidence of cohabitation for 3yers

This is non-sense .

Spouses/civil partners retain entitlement under EU law as a family member if they separate, as long as the marriage or civil partnership has not been dissolved (by decree absolute or final dissolution order) .

prior to the initiation of the proceedings for the termination of the marriage or the civil partnership the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration

no where it's saying to live together under same roof for 3 years.

appeal dismiss by the firts tail tribunal judge 29/11/2013, reasion for dismiss, you did not provide evidence that ur ex eea national has been exercising treaty right for the periord of 5yers before the final date of ur divorce

Is it ROR or PR application ? for ROR yes you need to show EEA national was exercising treaty right before decree absolute. It can be even 4/5 month before decree absolute date

@askmeplz82 thank u very much for ur reply, yes it is EEA2 for ROR,

These things do happen. The tribunal will write you and provide another date. It might be lack of communication amongst segment of the tribunal admin staffs.

Obie wrote:These things do happen. The tribunal will write you and provide another date. It might be lack of communication amongst segment of the tribunal admin staffs.

thanks very much obie, and again please take a look at the whole circumstances of this case, with the error of ukba/first tail judge have already made to the case, what do u think is goin to be the final out come of this whole case thanks.