Case Law pls.

[angie4489]

Hi. Does anyone know of a case law similar to FH Iran? I am married to a refugee with 5 years status - so the Secretary of State refused my case on the basis that I am not married to a person settled in the UK. My solicitor tried to argue the Article 8 in court as the Secretary of State did accept that our partnership is real (substiating -sp), however the HO rep withdrew the concession and the judge allowed it. So now we are trying to appeal again. Pls help as we don't have much time to file for appeal.

Thanks
Ange

[Greenie]

what do you mean a case similar to FH Iran - this case is about post flight spouses, which I presume you are aware of. Do you mean another case about post flight spouses or a case about genuine relationships?

Not sure I understand what happened in your appeal - do you mean that the Home Office withdrew the concession about accepting that your relationship is genuine/subsisting and the judge agreed with the Home Office?

Is your solicitor still representing you? They should know what case law they need to rely on.

[angie4489]

Thanks for responding Greenie

what do you mean a case similar to FH Iran - this case is about post flight spouses, which I presume you are aware of. Do you mean another case about post flight spouses or a case about genuine relationships? I meant if there are any other similar cases - yes I am aware that FH Iran is a post flight case, what I meant was any cases of marriage after the sponsor have been granted refugee status.

Not sure I understand what happened in your appeal - do you mean that the Home Office withdrew the concession about accepting that your relationship is genuine/subsisting and the judge agreed with the Home Office? They withdrew the bit where they had agreed that they may be breaching article 8 and the judge agreed with the HO on that. Hope this makes sense.

Is your solicitor still representing you? They should know what case law they need to rely on.

He is still representing me yes. He didn't have any case laws the last time.

[Greenie]

There is also

A (Afghanistan) v SSHD [2009] EWCA Civ 825 although FH Iran should be sufficient. Didn't your solicitor refer to these cases? In any event even if he didn't the judge should be aware of them and should ensure he follows them or explains why your case is different

What did they say exactly about why your Article 8 rights would not be breached?

Are you already in the UK?