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by avjones
Wed Oct 26, 2016 1:42 am
Forum: EU Settlement Scheme
Topic: Residence Card Refusal with no right of appeal - any advice?
Replies: 8
Views: 1005

Re: Residence Card Refusal with no right of appeal - any adv

From the reference to Germany and Schengen visas, it appears this is a German permit? Not a British one?
by avjones
Wed Oct 26, 2016 1:36 am
Forum: EU Settlement Scheme
Topic: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW
Replies: 376
Views: 93907

Re: No right of appeal against refusal of residence card to

My views are aligned to yours. We will see, the Senior Presenting officer at the hearing indicated that provisions have been made to people affected , who would have succeeded. However within 2 weeks the individual was approached and asked to present himself for ETD. I consider in a very serious li...
by avjones
Wed Oct 26, 2016 1:34 am
Forum: EU Settlement Scheme
Topic: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW
Replies: 376
Views: 93907

Re: No right of appeal against refusal of residence card to

I think your ire is better directed at Ockleton than your own UT judge, but there's plenty to spare all round. It's a complete mess.
by avjones
Wed Oct 26, 2016 1:21 am
Forum: EU Settlement Scheme
Topic: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW
Replies: 376
Views: 93907

Re: No right of appeal against refusal of residence card to

It's extremely strange for all sorts of reasons, including those mentioned above by Vinnie and Obie.

Obie, is your recent UT case reported?
by avjones
Wed Oct 26, 2016 1:20 am
Forum: EU Settlement Scheme
Topic: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW
Replies: 376
Views: 93907

Re: No right of appeal against refusal of residence card to

No a fresh application will not matter as the Secretary of State may say they are not bound by it , as there was no jurisdiction. A finding of fact by the judge that he would have allowed the appeal but for Sala and jurisdiction would create a strong irrationality challenge in the event the HO reje...
by avjones
Wed Oct 26, 2016 12:20 am
Forum: EU Settlement Scheme
Topic: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW
Replies: 376
Views: 93907

Re: No right of appeal against refusal of residence card to

Please desist from writing in capital letters. I am not sure if I can give more than I have already given. It is a shame in your case, that matter is at Ftt. Due to the fact that mine was at the Upper Tribunal with permission, I am able to appeal to the court of appeal. If my argument succeeds, it ...
by avjones
Wed Oct 26, 2016 12:03 am
Forum: EU Settlement Scheme
Topic: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW
Replies: 376
Views: 93907

Re: No right of appeal against refusal of residence card to

Sala is an extremely.... strange..... decision. However, in practical terms, dealing with it: 1. Any FTT Judge / HOPO aware of it will raise it, meaning there is no jurisdiction. In my experience, and having asked in Chambers, this is happening almost all the time. So if there is an outstanding appe...
by avjones
Thu Sep 15, 2016 2:17 pm
Forum: British Citizenship
Topic: Effect of Brexit on British Citizenship for Non EU Citizens
Replies: 11
Views: 828

Re: Effect of Brexit on British Citizenship for Non EU Citiz

I'd agree, especially the long absence. The Home Office bears in mind (among lots of other things) whether you are making the UK your home and intend to in the future. That sort of absence falls outside the guidelines.
by avjones
Tue Sep 13, 2016 9:26 pm
Forum: Skilled Worker Visas (UK Employer Sponsored)
Topic: Shocking Result
Replies: 15
Views: 1188

Re: Shocking Result

When I've come across this before, it has been because of a fraudulent sponsor as well.
by avjones
Tue Sep 13, 2016 2:09 am
Forum: British Citizenship
Topic: Effect of Brexit on British Citizenship for Non EU Citizens
Replies: 11
Views: 828

Re: Effect of Brexit on British Citizenship for Non EU Citiz

There's no direct connection.

British nationality is not a matter which comes under EU law - the rights of EEA nationals in other member states include permanent residence after 5 years of exercising treaty rights, but there is no right to nationality.
by avjones
Tue Sep 13, 2016 2:05 am
Forum: British Citizenship
Topic: Naturalisation refused (Toeic); ILR revoked
Replies: 41
Views: 7578

Re: Naturalisation refused (Toeic)

Good luck, hope all goes well with the interview
by avjones
Wed Aug 24, 2016 3:04 pm
Forum: Indefinite Leave to Remain
Topic: Tier 4, 10 years long residence
Replies: 11
Views: 1175

Re: 10 year route - question

YEs, complain to the ICO. 7 months is taking the mickey
by avjones
Tue Aug 23, 2016 10:59 pm
Forum: Indefinite Leave to Remain
Topic: Tier 4, 10 years long residence
Replies: 11
Views: 1175

Re: 10 year route - question

Yes, that is way over the time limit, you should chase it up.
by avjones
Wed Jul 27, 2016 10:11 am
Forum: General UK Immigration forum
Topic: FLR (LR) Application refused
Replies: 31
Views: 2674

Re: FLR (LR) Application refused

You've got a solicitor, I'm sorry, you need to speak to him. He has all the papers and knowledge of the case, we can't really second-guess.
by avjones
Tue Jul 19, 2016 10:43 am
Forum: General UK Immigration forum
Topic: FLR (LR) Application refused
Replies: 31
Views: 2674

Re: FLR (LR) Application refused

Ask your solicitor?

It is usually within 3 months of the consent order. Does the consent order specify?
by avjones
Mon Jul 11, 2016 12:16 pm
Forum: Referendum-News and Developments
Topic: 2nd EU Referendum petition
Replies: 51
Views: 10150

Re: 2nd EU Referendum petition

All of those matters - turnout, threshold, whatever - needed to be argued about BEFORE the referendum. It's not great to start arguing about them afterwards.

The Act of Parliament passed by a country mile, the majority was huge.
by avjones
Sat Jul 09, 2016 9:25 pm
Forum: Referendum-News and Developments
Topic: What does the EU referendum mean for me??
Replies: 22
Views: 5653

Re: What does the EU referendum mean for me??

Out of date. That article is 2 years old, before the drop in the oil price.
by avjones
Thu Jul 07, 2016 10:07 pm
Forum: EU Settlement Scheme
Topic: Arrested at wedding despite permission
Replies: 60
Views: 4248

Re: Arrested at wedding despite permission

After complaining about them discriminating my human right, they have finally started to make a move. The problem is that he is in another County in another City and therefore we have to give notice again. That means it will take 70 days again. He has got a removal date for the 29th of July. We are...
by avjones
Thu Jun 30, 2016 2:03 pm
Forum: EU Settlement Scheme
Topic: Arrested at wedding despite permission
Replies: 60
Views: 4248

Re: Arrested at wedding despite permission

You were the ones who thought lying through your teeth was a Good Idea. That's not all the Home Office's fault, is it?
by avjones
Mon Jun 27, 2016 10:43 pm
Forum: Referendum-News and Developments
Topic: Post Brexit Discussion
Replies: 194
Views: 19384

Re: Post Brexit Discussion

I think we're heading for enough evidence of swallowed lies and misunderstandings to dismiss the referendum as invalid. I think that would be absolutely wrong. It's impossible to say what people had in mind when they voted, but 1.3 million votes as a margin is a definite decision, if not an overwhe...
by avjones
Mon Jun 27, 2016 9:44 am
Forum: Referendum-News and Developments
Topic: Post Brexit Discussion
Replies: 194
Views: 19384

Re: Post Brexit Discussion

Totally! It's an evil gateway drug, ruins lives!

ARGH!
by avjones
Mon Jun 27, 2016 9:33 am
Forum: Referendum-News and Developments
Topic: Post Brexit Discussion
Replies: 194
Views: 19384

Re: Post Brexit Discussion

It has never been a problem, breaking down the different constituency of voters. No one has suggested, that all the people who voted leave are uneducated or lovey. However it is a fact that a significant majority are. That is a fact , when you look into facts. Don't be silly. That's not a "fact", t...
by avjones
Mon Jun 27, 2016 8:36 am
Forum: Referendum-News and Developments
Topic: Post Brexit Discussion
Replies: 194
Views: 19384

Re: Post Brexit Discussion

I earn a significant portion of my living from EU law too, as I'm a barrister who does immigration law. I don't, however, think that everyone should have considered my career before voting! I live in one of the areas with the highest percentage of "remain" voters, but I have family members in Kent w...
by avjones
Sun Jun 26, 2016 1:41 pm
Forum: Referendum-News and Developments
Topic: Post Brexit Discussion
Replies: 194
Views: 19384

Re: Post Brexit Discussion

I have expressed a view. I said most of the people who voted, did so for facial motivated reason. The actions of these people affect the lives of many people in a fundamental manner. This is not a difference as reconcileable as someone voting for labour or conservatives. Yes the view are respected,...
by avjones
Sun Jun 26, 2016 12:42 pm
Forum: Referendum-News and Developments
Topic: Post Brexit Discussion
Replies: 194
Views: 19384

Re: Post Brexit Discussion

On the subject of democracy, this referendum was not democratic. Foreign citizens from commonwealth countries were able to vote and with all certainty they have voted leave, while EU citizens who have been here for donkeys years were not allowed to vote. That's been the electoral law position for a...
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