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Urgent Help needed for grounds of appeal
Posted: Sun Feb 02, 2020 2:13 am
by mubashir1981
HO recently refused my DRF1 application with only reason that i need to make Human right application first. but gave me right of appeal under EEA regulation 36.
i am filling appeal form online what i need to put in grounds of appeal.
would that be enough that home office decision is not in accordance with EU law. as there is no such a provision that human right application need to make first.
should i put more explanation?
if anybody can help plz.
Re: Urgent Help needed for grounds of appeal
Posted: Sun Feb 02, 2020 9:46 am
by Zerubbabel
Hello
You don't describe your situation and immigration history. Please share more details to enable people to assist you.
The Home Office refused an application for a derivative residence card under EEA rules. But what it is your broader context?
Re: Urgent Help needed for grounds of appeal
Posted: Sun Feb 02, 2020 10:03 am
by mubashir1981
Zerubbabel wrote: ↑Sun Feb 02, 2020 9:46 am
Hello
You don't describe your situation and immigration history. Please share more details to enable people to assist you.
The Home Office refused an application for a derivative residence card under EEA rules. But what it is your broader context?
Both parents are third country national with no leave to remain and primary carer of british child. Home office did accept that we are primary carer of our british child. Only reason they gave that we should make application under artical 8 due to court of appeal judgment patel vs sshd 2017. Which was later appeal allowed by supreme court.
And that person never made application under artical 8.
Re: Urgent Help needed for grounds of appeal
Posted: Sun Feb 02, 2020 10:09 am
by mubashir1981
Hi i have done appeal online. Wht documents i nees to send with it
Do i also need to send all documentswhich i submitted home office with application or just redusal letter.
Re: Urgent Help needed for grounds of appeal
Posted: Sun Feb 02, 2020 11:03 am
by Zerubbabel
Hello
The appeal is not a simple mater. It's science. One needs to get access to a detailed history, letters of refusals, previous applications... in order to a find a viable angle that give some chance of success to the appeal.
If you appeal just for the sake of appealing, it's going to buy you a few weeks/months then you will get a further refusal that would reduce your chances/options even further.
I recommend you find a competent Consultant who can spend time reviewing your situation and finding sound venues for appeal.