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New court appeal date!

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Saviana
Newbie
Posts: 33
Joined: Mon Jun 23, 2014 11:46 pm

New court appeal date!

Post by Saviana » Sat Oct 11, 2014 1:23 pm

Hello everyone,
So I now have a new court appeal date in a month's time.
The last appeal date was adjourned until further notice without giving me any good reasons.

http://www.immigrationboards.com/eea-ro ... 71850.html

Question is: would approaching the home office presenting officers now be a good idea?
I was thinking of writing a letter to them requesting a reconsideration instead of going to court.
I guess I'm just being nervous!
But would that be a good idea or just let the court justice take its course? Very worried, stressed, even though I'm still a bit hopefully. Depression about to set in.
Very Sad :(

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: New court appeal date!

Post by Obie » Sat Oct 11, 2014 1:33 pm

These things do happen.

I went to Hatton Cross few weeks back and was told, that the judge preceding over the case is of sick.

We had to be put on the floating list, and did not get to see a judge until after lunch.

To compound our misery, the HOPO submitted that the client could make another application , notwithstanding the fact that he met all the requirement in the regulations.

I sought to get her to concede, before proceeding commenced, and she refused, on the basis that there instruction is to defend all cases, irrespective of the merit, of hopelessness.

I did respond to her that the day of this attitude is slowly coming to an end, when the tribunal will have power to impose sanction on them for needlessly resisting a challenge.

So i will not bank on the HOPO coming to an agreement with you. It just will not happen. They are very militant in their approach.

Manchester Piccadilly is the worst.Difficult to reason with Presenting officers, Difficult to distinguish between the Home Office and the Judge, sometimes it feels like your opponent is the judge.
Smooth seas do not make skilful sailors

Saviana
Newbie
Posts: 33
Joined: Mon Jun 23, 2014 11:46 pm

Re: New court appeal date!

Post by Saviana » Sat Oct 11, 2014 2:45 pm

Obie wrote:These things do happen.

I went to Hatton Cross few weeks back and was told, that the judge preceding over the case is of sick.

We had to be put on the floating list, and did not get to see a judge until after lunch.

To compound our misery, the HOPO submitted that the client could make another application , notwithstanding the fact that he met all the requirement in the regulations.

I sought to get her to concede, before proceeding commenced, and she refused, on the basis that there instruction is to defend all cases, irrespective of the merit, of hopelessness.

I did respond to her that the day of this attitude is slowly coming to an end, when the tribunal will have power to impose sanction on them for needlessly resisting a challenge.

So i will not bank on the HOPO coming to an agreement with you. It just will not happen. They are very militant in their approach.

Manchester Piccadilly is the worst.Difficult to reason with Presenting officers, Difficult to distinguish between the Home Office and the Judge, sometimes it feels like your opponent is the judge.
Thanks Obie,
If that's the case then I don't stand a chance, I'll just wait and see what happens in a month's time.
Mine is at Sheldon Birmingham. It's a shame that they have such approach really. I guess it's only by luck when you get a HOPO ready to revise their refusal or even drop the case! (When the appellant meets all the requirements)
I suspect since I bought a new CSI 6 months ago after refusal, they might say I just make a new application.
Thanks.
Saviana.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: New court appeal date!

Post by Obie » Sat Oct 11, 2014 2:50 pm

Should be OK. A case called Badhoo allows that.

That was a response i got from the Presenting Officer, but i did tell the Judge that i don't see a need to dignify the response with an answer, as the appellant had been waiting for 8 months to have his case heard, and in light of Badhoo, the judge will fall into error if that approach is accepted.
Smooth seas do not make skilful sailors

Saviana
Newbie
Posts: 33
Joined: Mon Jun 23, 2014 11:46 pm

Re: New court appeal date!

Post by Saviana » Sat Oct 11, 2014 3:09 pm

Obie wrote:Should be OK. A case called Badhoo allows that.

That was a response i got from the Presenting Officer, but i did tell the Judge that i don't see a need to dignify the response with an answer, as the appellant had been waiting for 8 months to have his case heard, and in light of Badhoo, the judge will fall into error if that approach is accepted.
Thanks.
Just tried googling Badhoo, no joy!
Anyway, I'll let you guys know of the outcome... Even though I wish I didn't have to go through this nightmare.

I will lodge a complain with HO (not that they care) because with my first EEA2 they did advice me later on that I should buy a CSI...this time when I called whilst they still had my application and asked them if they needed any extra documents they said no.

Why they didn't do the same this time is a mystery... They kept saying in their refusal that they can see from our joint bank statements that some payment was being made every month for CSI but it wasn't clear if it covered both of us! So why didn't they ask for clarification?! :(

My conclusion is, HO is understaffed and over worked hence the 'no sense' refusals they're giving people.

Regards
S

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: New court appeal date!

Post by Obie » Sat Oct 11, 2014 3:15 pm

My spelling error, Boodhoo.
Smooth seas do not make skilful sailors

Saviana
Newbie
Posts: 33
Joined: Mon Jun 23, 2014 11:46 pm

Re: New court appeal date!

Post by Saviana » Sat Oct 11, 2014 5:10 pm

Obie wrote:My spelling error, Boodhoo.
Thanks Obie, very helpful link.

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