ANYBODY WON APPEAL RECENTLY

4real · Post by **4real** » Mon May 17, 2010 4:32 pm

Please if you have won an appeal or been to court recently based on appeal, I will like to know how the arrangement is inside the court and how it normally work. As I will be going for my appeal with my mum and my two younger brothe by thursday.

mrlookforward · Post by **mrlookforward** » Tue May 18, 2010 1:12 pm

There is all the information in the leaflet that arrives with the date of hearing. I suggest you read the leaflet.

4real · Post by **4real** » Tue May 18, 2010 1:21 pm

Thanks for the reply, I just want the arrangement. I mean if is more accomodating and the judge are more open to each other.

mrlookforward · Post by **mrlookforward** » Tue May 18, 2010 1:50 pm

Its not like what you might think of as a typical court environment. Its more like you are in an office for an interview.

4real · Post by **4real** » Tue May 18, 2010 1:54 pm

For example, I two brother and my mum in the same case. Does that mean we are going to be interview seperately, or we are going to be in the same room together.

mrlookforward · Post by **mrlookforward** » Tue May 18, 2010 2:03 pm

Sorry, i think you understood me wrong. I said its like in office interview kind of environment. I didnt mean to say that it is an interview. Its an hearing. If you all are in one case, then you all will go in together if you want to, or some of you could go. You can choose not to go at all. Or you could choose for a representative to appear for you.

4real · Post by **4real** » Tue May 18, 2010 2:36 pm

I really appreciate your support. I will also like to know if the home office representative will be asking us question based on the appeal or the document we sent them will be enough.

mrlookforward · Post by **mrlookforward** » Tue May 18, 2010 2:55 pm

I dont think they will ask you questions. They would have prepared their case well before the date. Their representative will be there to answer questions or clarifications from adjudicators. May I ask whats the background to your case? What kind of application did you make? why was it refused? on what grounds do you intend to challenge the refusal?

4real · Post by **4real** » Tue May 18, 2010 3:05 pm

We were refuse based on the fact that my step dad was no excercising treaty right at the time the decree absolute was issued. Our appeal is base on the below rule of law. As me, my mum and my younger brother are excercising our treaty right based on the law giving below.

The first link below shows the Baumbast ruling i mentioned to you and the second shows the Home Office guidiance on what documents to provide, in order to secure it.

1. http://eur-lex.europa.eu/smartapi/cgi/s ... 61999J0413

2. http://eur-lex.europa.eu/smartapi/cgi/s ... 61999J0413

On the second link, please pay attention to section 5.4.13, 5.4.14 and 5.4.15 as that the area that allies to you case. It also state the requirements for such applications.

Also see the EEA regulations,

What applies in you case is Regulation 10 (3 & 4) and Regulation 15 (1F)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

troubled · Post by **troubled** » Tue May 18, 2010 9:34 pm

4real both your representative and HO officer can cross examine you if they want any clarification but all will base on the reason for refusal. Normally your solicitor will argue your case for your appeal to be allowed but may buttress his points by turning to you to answer some questions that will help his arguments.It all depends on how the arguement goes but your involvement will be minimal.Do not panic but take your time to answer any question being from your lawyer,HO officer or the judge.Good luck with your appeal.You can also go to the hearing centre and sit in the public gallery and listen to other peoples hearing,that will give you an indication of what to expect on your day.

4real · Post by **4real** » Tue May 18, 2010 9:40 pm

I will like to understand you more trouble, does that mean there will some other people in the same court room for our hearing apart from our family. Secondly, I will like to know how long does the hearing normally take.

troubled · Post by **troubled** » Tue May 18, 2010 9:48 pm

It is possible members of the public will be sitting in the public gallery.It is allowed for members of the public to hear such hearing but people do not have time for such hearing but in principle anyone can come and listen to your case.How long will depend on the case ,even the judge can post the hearing if there is not enough time.Relax bruv.

4real · Post by **4real** » Tue May 18, 2010 9:57 pm

I really appreciate your quick reply to my question, and I hope to give you the feedback of the case after the hearing. Is it a really friendly environment, as in the judge and the HO are not too hard on appeallant.

troubled · Post by **troubled** » Wed May 19, 2010 8:34 am

check this link
http://www.tribunals.gov.uk/Immigration ... arings.htm

4real · Post by **4real** » Wed May 19, 2010 7:16 pm

Thanks for you frequent support, I will give you feedback.

pat1111 · Post by **pat1111** » Fri Jun 25, 2010 6:05 pm

what is the out come of your appeal?

troubled · Post by **troubled** » Fri Jun 25, 2010 8:34 pm

Dismiss
http://www.immigrationboards.com/viewto ... highlight=

pat1111 · Post by **pat1111** » Fri Jun 25, 2010 9:19 pm

My family member appeal was dismissed also but i took it to the high court which the immigration judge ordered a reconsideration and sent it back to the AIT..

The dis-allowed the old dismissed appeal that there was error of law.

It then went to a second full hearing..

Which we won!

Glad... waiting for my family member passport back now..

Was there error of law in yours?

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ANYBODY WON APPEAL RECENTLY

ANYBODY WON APPEAL RECENTLY

Thanks Mrlookforward

Mrlookforward

Thanks Mrlookforward

Mrlookforward

Trouble

Thanks Mate

Thanks

what is the out come of your appeal?

sorry