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AIT Judge Decision - EEA Appeal

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jimkam
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Posts: 42
Joined: Thu Feb 25, 2010 9:38 pm

AIT Judge Decision - EEA Appeal

Post by jimkam » Tue Mar 30, 2010 6:15 pm

Hi all,

I just came back from my appeal today at the AIT. I think it went well. Something strange happened tho. The HO presenting officer did not cross examine any of my witnesses nor the documents I presented in front of him. He actually seemed to be conceding that I have a very strong Article 8 claim and did not challenge that. The judge also stated "you have a pretty good Article 8 claim here Sir". Whats going on here? Isn't the HO supposed to argue against you?

Anyway, the judge said that he will send us his decision in writing soon. My question is that; How long will it take the AIT judge to send us his determination? What is the official waiting times for AIT decisions? Please help. Any feedback will be greatly appreciated.

I still find it strange that the HO did not contest anything at all. Ah well....

vegeta_2009
Member
Posts: 111
Joined: Sun Oct 11, 2009 4:26 pm

Re: AIT Judge Decision - EEA Appeal

Post by vegeta_2009 » Tue Mar 30, 2010 7:31 pm

jimkam wrote:
I still find it strange that the HO did not contest anything at all. Ah well....
to be honest with you, i think the law will change anyway, it is obviously not realistic from the HO to expect full cooperation from the other party if animosity still exist.
i am sure the outcome of your appeal will be good, just make sure you update us :D

all the best

jimkam
Newbie
Posts: 42
Joined: Thu Feb 25, 2010 9:38 pm

Re: AIT Judge Decision - EEA Appeal

Post by jimkam » Tue Mar 30, 2010 7:35 pm

vegeta_2009 wrote:
jimkam wrote:
I still find it strange that the HO did not contest anything at all. Ah well....
to be honest with you, i think the law will change anyway, it is obviously not realistic from the HO to expect full cooperation from the other party if animosity still exist.
i am sure the outcome of your appeal will be good, just make sure you update us :D

all the best
Hi there,

Thank you for your encouraging words. Does anyone know how long it will take to hear from the judge? I'm told it has to be within 2 weeks. Is that right?

Brown212
Junior Member
Posts: 54
Joined: Thu Feb 18, 2010 2:29 pm
Location: United Kingdom
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Re: AIT Judge Decision - EEA Appeal

Post by Brown212 » Tue Mar 30, 2010 7:41 pm

vegeta_2009 wrote:
jimkam wrote:
I still find it strange that the HO did not contest anything at all. Ah well....
to be honest with you, i think the law will change anyway, it is obviously not realistic from the HO to expect full cooperation from the other party if animosity still exist.
i am sure the outcome of your appeal will be good, just make sure you update us :D

all the best
Dont be surprise some home office representative are not a Lawyer so he may not have a clue, that is your luck, all the best. :roll:

thsths
Senior Member
Posts: 775
Joined: Sun Apr 29, 2007 8:14 pm

Re: AIT Judge Decision - EEA Appeal

Post by thsths » Tue Mar 30, 2010 7:55 pm

jimkam wrote:Isn't the HO supposed to argue against you?
I guess they found out pretty late that they have a hopeless case. In other countries they would get a caution from the judge for pursuing a frivolous lawsuit and wasting everybody's time, but in this country that seems to be perfectly normal.

mego_1980
Member
Posts: 146
Joined: Sun Apr 26, 2009 8:10 am

Re: AIT Judge Decision - EEA Appeal

Post by mego_1980 » Tue Mar 30, 2010 9:45 pm

jimkam wrote:
The HO presenting officer did not cross examine any of my witnesses nor the documents I presented in front of him.
Hopefully you will be ok, but what are the documents you showed in front of the HO officer?

thanks

jimkam
Newbie
Posts: 42
Joined: Thu Feb 25, 2010 9:38 pm

Re: AIT Judge Decision - EEA Appeal

Post by jimkam » Tue Mar 30, 2010 9:55 pm

mego_1980 wrote:
jimkam wrote:
The HO presenting officer did not cross examine any of my witnesses nor the documents I presented in front of him.
Hopefully you will be ok, but what are the documents you showed in front of the HO officer?

thanks
Hey mego_1980,

I showed him a couple of sworn affidavits and a bunch of emails from my ex which proves her non-compliance. Also letters from inland revenue and department of work and pension telling me that they will not release any information about my ex. The guy HO presenting officer just didn't seem to care/bother. Seriously I began to question his confidence. The whole process went unchallenged by the HO. The fact that he also mentioned in his final submission that he agrees that I do have a "pretty strong Article 8 claim" and said that he would leave that to the judge's discretion tells me that he knows there's no point arguing about the case. To be fair i did present a very comprehensive case about my Article 8. He also acknowledged that the HO accepts that I've been here for 10yrs. These are his words. I'm only praying that the judge allows the appeal under Human Rights grounds. Fingers crossed. I'll keep you guys updated.

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