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Appeal Tribunal hearing

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Asma7
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Appeal Tribunal hearing

Post by Asma7 » Wed Oct 22, 2014 1:04 pm

Hi everyone,

Hope you can help me.

My brother has an appeal Tribunal hearing but hes done something really stupid (got into a fight) and is currently serving a custodial sentence. He will be out just a few weeks after the hearing so we need to adjourn the hearing to a later date.

Would telling the Tribunal hes serving a sentence (hence we need to adjourn it) be a good idea or bad? And would that go against him?

Also can the Home office representative at the Tribunal tell the duration of the Tax paid in the employment?

Thank you

MPH80
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Re: Appeal Tribunal hearing

Post by MPH80 » Wed Oct 22, 2014 5:44 pm

How long is the sentence for?

And the answer to the second question (Tax) is that is depends on whether the rep from UKBA has bothered to look that information up prior to arrival. If it's relevant - they are likely to have checked.

Asma7
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Re: Appeal Tribunal hearing

Post by Asma7 » Thu Oct 23, 2014 7:13 am

He has been sentenced to 10 months and will be out after the hearing. I just wanted to know if adjourning the hearing by saying he's serving a custodial sentence will go against him or not.

Thank you

Asma7
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Joined: Wed Oct 22, 2014 12:47 pm

Re: Appeal Tribunal hearing

Post by Asma7 » Thu Oct 23, 2014 8:25 pm

someone please give me the heads up on what I should do. Can I say that I havnt found had any legal advise yet and use that as a reason for adjournment? If it goes against him.

batleykhan
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Re: Appeal Tribunal hearing

Post by batleykhan » Fri Oct 24, 2014 9:51 pm

Best to be honest and truthful with the facts at Court hearings ,as lying once will mean you will have to subsequently continue lying on it.

Obie
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Re: Appeal Tribunal hearing

Post by Obie » Fri Oct 24, 2014 10:41 pm

Is the hearing relating to brother or someone else that he is sponsoring.

What is his residence Status in the UK?

UKBA are bound to know he is in Prison, so it is best not to seek to deceive the tribunal
Smooth seas do not make skilful sailors

Asma7
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Re: Appeal Tribunal hearing

Post by Asma7 » Fri Oct 24, 2014 10:52 pm

He is a British citizen and sponsoring his wife who is abroad.

Asma7
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Re: Appeal Tribunal hearing

Post by Asma7 » Fri Oct 24, 2014 10:56 pm

Thank you for your advice guys :D

Obie
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Re: Appeal Tribunal hearing

Post by Obie » Fri Oct 24, 2014 10:56 pm

I see. Then it is her appeal.

Is he in employment in order to meet the financial requirement or is he self employed or relying on savings?

If he is employed, then there will be an issue.

The fact that he is imprisoned does not necessarily mean he is not present and settled here.

That should have no effect on his wife, unless as a result of the imprisonment, he ceases from meeting the financial requirement.
Smooth seas do not make skilful sailors

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