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.
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