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Asylum permission to appeal to upper tribunal granted on Article 8 Human Rights only

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aaliyah1006
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Asylum permission to appeal to upper tribunal granted on Article 8 Human Rights only

Post by aaliyah1006 » Sun Aug 11, 2019 9:45 pm

Hi all,

I’m new here and desperately need advice on my appeal.

I came to the UK in 2015
I claimed Asylum in 2016
*My husband and i both claimed asylum but are both main applicants and our cases are being dealt separately. We have a 3 years old daughter.

My asylum and humanitarian protection claim were refused in 2018 (my husbands asylum application was also refused)
We applied for the appeal to FTT and was refused in March 2019.
My application for permission to appeal was also refused by FTT in May 2019, however my husband application for permission to appeal was granted on limited grounds.

I then applied directly to Upper tribunal for permission to appeal. And was sent the decision by writing, UT granted my permission to appeal in June 2019.

My husband went to UT hearing and his case was remitted back to FFT due to errors of laws.

I attended my hearing at UT on 26 July 2019.
The Judge has decided to retain my case and required further evidence to be submitted for the CMRH hearing on 10 September 2019

The notice of decision states
“ The First tier tribunal decision is vitiated by errors on point of laws and is set aside on respect of the human rights (article 8 appeal) only.

The case will be adjourned for CMRH hearing in respect of further evidences to be provided relating to the relevant provisions of appellant’s country’s immigration law”

The judge accepted that there are errors in laws, because FTTJ did not consider my case outside of the rules and article 8.
However, to make a decision, he required more evidences.

My question is
1. Is it normal that UT retain my case? Does that say anything at all? Because my husbands case was sent back to FTT and I’m confused.
2. I understand that my case will be dealt on Article 8 human rights appeal only, if the appeal is allowed, how long will my visa last, is it 5 years or 30 months?
3. Whats going to happen if my case is successful and my husband doesn’t? Or if his case is successful and mine doesn’t. Does that mean we have to be separated?

Please kindly advice me. Your response would be greatly appreciated.

hadess09870987
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Joined: Tue Aug 20, 2019 11:06 am

Re: Asylum permission to appeal to upper tribunal granted on Article 8 Human Rights only

Post by hadess09870987 » Tue Aug 20, 2019 11:21 am

hi Aaliyah, I'm on the same boat with you guys I had my Upper Tribunal hearing on the 26 July 2019 and the judge remitted the case back to the first-tier tribunal due to an error of law.

tell me has your husband received a hearing date yet or anything from anyone after the decision of the Upper Tribunal?

keep us posted on the progress on 10th September and may God be with you.

aaliyah1006
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Re: Asylum permission to appeal to upper tribunal granted on Article 8 Human Rights only

Post by aaliyah1006 » Wed Aug 28, 2019 3:06 pm

Hi!
Thanks for your reply.

My husband has received the notice of full hearing for 12th November 2019.

I’m attending the CMRH hearing on 10th September. My solicitor said its not necessary for me to attend but i will. They will discuss and set the time for all evidences to be submitted.

I’ll keep you updated how it goes.

hadess09870987
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Re: Asylum permission to appeal to upper tribunal granted on Article 8 Human Rights only

Post by hadess09870987 » Sat Aug 31, 2019 8:45 am

hi,
when exactly did your husband receive his notice of hearing in the mail ????
I still haven't received a notice of hearing but I'm so happy for you guys and wish you success. My solicitor said that it takes longer to get a hearing date and even if you do get one you'll be given a date somewhere in early 2020 ( January, February, March that's too long ) but let us what happens im sure we will all be praying for you.

aaliyah1006
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Re: Asylum permission to appeal to upper tribunal granted on Article 8 Human Rights only

Post by aaliyah1006 » Fri Sep 13, 2019 10:46 pm

Hi!
Thank you.
He got the letter on 19 or 20 july 2019.
I went to the CMRH hearing and everything was fine. It lasted only 20 min and it wasn’t necessary for me to attend but I thought it was a good idea to go and take notes on what’s going to happen.
The court has required more evidence and my solicitor has arranged for an expert witness to attend the hearing in October or November. We have to submit everything by the end of September and will be waiting for the hearing date to be listed not earlier than 17 October but not later than late November 2019.

The judge said he expected us to register the marriage. We will try to do that but my husbands passport has expired and not sure if we can renew it or Home office need to issue an order for the new passport since we cant use the expired one to register.

We have established life here and my daughter is attending the nursery. It’s been more than 3 years with the process so we hope my case will be finalised by the end of this year or early January 2020. However my husband’s appeal will take few months or again another year or so to get the decision.

Hope you get the hearing date soon and wish you all the best of success!

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