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Court Case. advice please

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yaelhitch
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Joined: Tue Apr 01, 2008 12:51 pm

Court Case. advice please

Post by yaelhitch » Tue Dec 02, 2008 1:37 pm

After a period of 9 months being separated from my husband as he was declined his visa we now have our appeal on Monday 8th December (yes this Monday!)

I am so nervous and have no idea what to expect. does anyone have any experiences they can share with me to help me cope when the time comes.

The whole situation has caused me so much stress my doctor has prescribed me Valium and sleeping tablets as i have anxiety attacks and am scared that what i say and do will ultimately affect weather or not my husband comes home.

any advice would be much appreciated. thank you

bototo
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Post by bototo » Tue Dec 02, 2008 1:58 pm

I've been through the appeals process and my layman's opinion is that

1. IAT is easier on applicants than the Home Office is.

2. They expect the Home Office representative to be properly prepared - they expect a higher standard from them than they do of you

3. The Home Office representative is rarely as well prepared as a good lawyer representing the immigrant

4. If you don't have a lawyer acting for you you are given even more rope and leeway

Stay calm, know your own case inside out, and read up on the relevant immigration rules to familiarise yourself with them as much as possible.

yaelhitch
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Posts: 90
Joined: Tue Apr 01, 2008 12:51 pm

Court Case. advice please

Post by yaelhitch » Tue Dec 02, 2008 2:52 pm

thankyou for you advice.

when you say IAT will be easier on me do you mean the AIT for example the actual judge.

i have a barrister who is going to throw the book as the home office with all the laws they got wrong and my lawyer has prepared a pretty detailed case so no worries on that. but wondered what does the judge ask me? how long does it take. what does the home office ask me? what is the atmosphere like. does the judge take into account that i am a young 22yr girl and will naturally be nervous, and also what about anxiety attacks will they give me breaks if it gets to much?

god this is killing me

bototo
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Post by bototo » Tue Dec 02, 2008 3:00 pm

>>. does the judge take into account that i am a young 22yr girl and will naturally be nervous
I wouldn't try planning some young girl sympathy into the equation. If you've got a good barrister, then you're 90% of the way there. He'll guide you on what to say and what not to say. Usually they try to do as much of the talking as poss. to take the pressure off you.

I can't tell you what the judge is going to ask you but your barrister should give you a better idea. It's up to him to preempt the questions and coach you for them.

Get there early, have a coffee in the lobby, do some deep breathing exercises and meet with your barrister before going in.

The Home Office often gets things wrong and the judge may show his frustration at them by being easy on you. You need to relax a bit more. Starting now :)

yaelhitch
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Posts: 90
Joined: Tue Apr 01, 2008 12:51 pm

Post by yaelhitch » Tue Dec 02, 2008 3:06 pm

thank you for your reply.

i am reading through my case and the barristers appeal reasons so i can have an answer to anything they may ask me. i just cant wait for it to be over. if we don't win the appeal i don't know what i will do, have to re-apply i guess.
thanks for the advice will let you know how it goes.

lesley15
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Post by lesley15 » Tue Dec 02, 2008 5:42 pm

Hi, i was just reaing through your previous posts and your case seems just like mine.My hearing was the 19th september at york house,i had a really nice judge and was only asked to clarify a few things ie did i write the statement and was everything true then the HO asked to see my wageslips and asked my outgoings and how much a month i had left over, i had written spreadsheets with all this info on it and just handed it to him(as he didn't have a copy of it!!!) You will be fine,i was and i didn't have a barrister with me!!! just stay calm and answer in a positive and accurate manner as they watch for this,be positive its your turn to show the ECO was wrong to refuse in the first place!!! good luck,by the way i won my case and now hubby has just done his medical and waiting to pick up visa.

yaelhitch
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Joined: Tue Apr 01, 2008 12:51 pm

Post by yaelhitch » Wed Dec 03, 2008 4:56 pm

thankyou for your reply it has put me at ease.
im lucky i have a barrister as he can do all the legal jargon, i know im in the right so will just tell it as it is and show how stupid the ECO have been.
will let you know how it goes on monday
thanks again

batleykhan
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Post by batleykhan » Wed Dec 03, 2008 11:13 pm

I fully agree with above comments.My advice is to be honest and truthful when questioned.The judges are always pretty helpful,politeand courteous.

Dont woryy or be nervous. Be relax at all time.Normally 75% of cases that go to a hearing,visas are granted.

Prepare all your documents before hand. Keep them in such order that you can access them easily when presenting any documentary evidence. ( Dont be searching for files in a panic,as that doesnt go down well).

If you dress properly, speak honestly and elegantly,be proffesional in reprsenting your facts, you should walk through 30/40 minutes of the process.

You will be notified of the outcome there and then, and within 10 days get the outcome in writting. The Home Office still have a right of appeal if they loose(but this is rare and only in exceptional cases where the judge has made a very bad decision). They normally have 5-8 days.

if they dont appeal, dont expect your hubby to get a visa straightaway. It could take a further 3-4 months,before the ECO finally issues the visa.

Hope this helps and good luck.let us know outcome

bototo
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Post by bototo » Thu Dec 04, 2008 9:38 am

if they dont appeal, dont expect your hubby to get a visa straightaway.
That's what really annoys me about them: they are bad losers. If they've lost and aren't going to be appealing why don't they just issue the visa instead of expecting you to chase them? If you just leave it to them they'll never issue the visa!

yaelhitch
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Post by yaelhitch » Thu Dec 04, 2008 9:49 am

thanks guys for all the advice it has really given me an idea of what to expect and has made me feel more positive.
i am lucky as i have a barrister representing me so he will deal with all the paperwork but i am still going to read through everything the judge has in case he ask me any questions on it.
i have bought myself a new suit so can look professional.
once i know my husband can have his visa it will make the waiting a lot easier even if it 3-4 months at least i will have confirmation in my mind that he will deffo be home.

thanks again. this website has kept me going from the start of case last year and so will deffo let you know the outcome

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Frontier Mole
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Post by Frontier Mole » Sat Dec 06, 2008 11:59 pm

batleykhan wrote: My advice is to be honest and truthful when questioned. The judges are always pretty helpful, polite and courteous.

Don’t worry or be nervous. Be relaxed at all time. Normally 75% of cases that go to a hearing, visas are granted.

If you dress properly, speak honestly and elegantly, be professional in representing your facts, you should walk through 30/40 minutes of the process.
A few points from those that do the job so to speak

The above is true is some parts maybe not so much in others.

Be polite and dressing smart are good things. No matter what, you will be nervous, that can not be helped. Speak in the way you normally do, do not try to use fancy words as it does not aid your case. Worse still what you might think you are saying is not what you are actually saying.

Do not "expect your barrister to throw the book at UKBA" - it does not happen. They say much our friends at the Bar but rarely perform as well as they promise. Remember they have to give and take with the AIT & UKBA. They work in front of the same Judges & PO's most weeks making an enemy out of either does not get you very far in our business. There are some complete idiots as barristers out there, getting to the Bar is no guarantee of sanity or sensibility I can assure you.

About 50 to 60% of all immigration cases are won through appeal BUT that is not the case for settlement visa's it is slightly towards the low end of the average.

You do not get a decision on the day in most instances, sometimes if the UKBA case for refusal is clearly pants you will get the pleasure of the case being allowed on the day. In the majority of cases the decision is reserved. Fancy court speak for "I will give out the decision later" - e.g. in the determination.

Do take heart in the fact that if your case is strong and built on firm evidence you will succeed.

Wish you luck.

yaelhitch
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I WON!!!!!!!!!!!!!!!!!

Post by yaelhitch » Tue Dec 09, 2008 3:38 pm

:lol: OH MY GOD I WON MY APPEAL!!!

It has taken 9 months but i finally won my husband to come home. it was lucky that the judge gave a decision on the day as he beilieved it was a clear cut case, however the PO was really horrible and i have a horrible feeling she might appeal the Judges decions. I am so close to my husband now i can nearly see the visa i just pray that in 10 days the Home office don't put in a appeal.
has anyone had the experince of winning an appeal and then the home office appealing as well??

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Frontier Mole
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Post by Frontier Mole » Tue Dec 09, 2008 11:31 pm

I would not worry about an appeal against the allowed decision. If it was allowed on the day the chances of an appeal are minimal. I would start planning the DIY you have for hubby to do while he waits to gets a job :lol:

Well done.

bototo
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Post by bototo » Sun Dec 28, 2008 1:42 pm

Congratulations!

scorpiolady
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Post by scorpiolady » Thu Jan 01, 2009 11:35 pm

Congratulations....fantastic news...!!
Scorpiolady

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