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Appeal Allowed - BHC Kingston Jamaica

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BROOMIE
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Posts: 15
Joined: Tue Mar 04, 2008 11:49 am

Appeal Allowed - BHC Kingston Jamaica

Post by BROOMIE » Mon Jul 28, 2008 9:59 pm

We had a bundle of evidence which linked us as a couple - I filled a suitcase!! as well as having a good solicitor and a fantastic barrister. I kid you not they were not cheap but they had plenty of experience in dealing with out of country appeals especially Jamaica. The ECM in Kingston was convinced that my hubbie had married to get his stay as he had married here before and the marriage didnt last and thought he was doing the same again trying to marry to get his visa.

I think the judge made up his mind before the hearing and I was asked very few questions by him. The Home Office tried to quiz me about my husbands previous marriage which really had nothing to do with me as it had ended well before we met and the judge explained to her that those questions were not necessary.

The judge went on to find that me and all of my witness statements were all credible. My gang of ten attended but the judge didnt want to speak to anyone apart from me.

After an hour he announced that the appeal was allowed. I was absolutely gobsmacked as I was told by my barrister that I wouldnt know the determination would be until at least three weeks but realistically ten days. I was told afterwards that the home office wasnt appealling it either.

I rang my husband immediately and he was so overjoyed

Yes my journey is nearly over but for those of you that are trying dont give up look I was very depressed when we were initially refused back in nov 2007 but after a while you get the fighting spirit inside of you and if you love your husband or wife they are really and truly worth fighting for. The appeals process is extremely lengthly especially out of country you have to be prepared to be separated for almost a year and to be honest putting in another application would have been a waste of time in our case as the ECM had already made up her mind .

You have to get it spot on and everything needs to be consistenent when it comes to the appeal as. I worked on it as though it was my second job but if you love someone then you will put all the stops :D

3crown
Member
Posts: 130
Joined: Tue Jun 03, 2008 2:19 pm

Re: Appeal Allowed - BHC Kingston Jamaica

Post by 3crown » Tue Jul 29, 2008 10:33 am

Well done Well done Well done!! you must be SO relieved. When's he coming home?
BROOMIE wrote:We had a bundle of evidence which linked us as a couple - I filled a suitcase!! as well as having a good solicitor and a fantastic barrister. I kid you not they were not cheap but they had plenty of experience in dealing with out of country appeals especially Jamaica. The ECM in Kingston was convinced that my hubbie had married to get his stay as he had married here before and the marriage didnt last and thought he was doing the same again trying to marry to get his visa.

I think the judge made up his mind before the hearing and I was asked very few questions by him. The Home Office tried to quiz me about my husbands previous marriage which really had nothing to do with me as it had ended well before we met and the judge explained to her that those questions were not necessary.

The judge went on to find that me and all of my witness statements were all credible. My gang of ten attended but the judge didnt want to speak to anyone apart from me.

After an hour he announced that the appeal was allowed. I was absolutely gobsmacked as I was told by my barrister that I wouldnt know the determination would be until at least three weeks but realistically ten days. I was told afterwards that the home office wasnt appealling it either.

I rang my husband immediately and he was so overjoyed

Yes my journey is nearly over but for those of you that are trying dont give up look I was very depressed when we were initially refused back in nov 2007 but after a while you get the fighting spirit inside of you and if you love your husband or wife they are really and truly worth fighting for. The appeals process is extremely lengthly especially out of country you have to be prepared to be separated for almost a year and to be honest putting in another application would have been a waste of time in our case as the ECM had already made up her mind .

You have to get it spot on and everything needs to be consistenent when it comes to the appeal as. I worked on it as though it was my second job but if you love someone then you will put all the stops :D

lesley15
Member
Posts: 143
Joined: Sun Apr 13, 2008 8:45 pm

Post by lesley15 » Tue Jul 29, 2008 8:31 pm

Great news Broomie i can imagine the relief you have.I am just waiting for my hearing date and am preparing further evidence to send to the AIT. My question is at the hearing did the judge just discuss the refusal questions or go through the whole case again.. thanks and congratulations again,

BROOMIE
Newly Registered
Posts: 15
Joined: Tue Mar 04, 2008 11:49 am

Post by BROOMIE » Tue Jul 29, 2008 10:08 pm

The judge mainly asked questions re the refusal nothing too stressful and the Home Office did as well. Y Hubbie will be home as soon as the embassy calls him and in Jamaica I guess that will be a while they dont rush a thing. My advice to you is to supply everything that refutes the original descion

lesley15
Member
Posts: 143
Joined: Sun Apr 13, 2008 8:45 pm

Post by lesley15 » Wed Jul 30, 2008 2:11 am

Thanks Broomie that is really helpful.So jealous of you can imagine how happy you feel and rightly so ,"your hubby is coming home!!!!!" well done.

breanna
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Posts: 15
Joined: Mon Aug 04, 2008 2:11 pm

Re: Appeal Allowed - BHC Kingston Jamaica

Post by breanna » Mon Aug 04, 2008 2:53 pm

Good luck and congratulations. I am from Jamaica also and is an overstayer and is thinking of making an in country application. I would not like to return home because I have a 14 months baby and I know Jamaica will be treating him as a visitor because he has a British passport. I dont know why Jamaica is treating applicants like that and look on the US when overstayers return home they can return within a month or so. Did you have any kids with your husband?

BROOMIE
Newly Registered
Posts: 15
Joined: Tue Mar 04, 2008 11:49 am

Post by BROOMIE » Mon Aug 04, 2008 8:35 pm

No kids at the moment - I went to Jamaica twice in six months and I am still trying on concieve very difficult when he is there and I here!!!

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