can ukvi just pull out of my Article 8 case

[shirl157]

I had a 2 day court Hearing for our Article 8 case,The Home office pulled ot 2 weeks before it was meant to be heard,they gave no reason and no decision,That was 3 and a half years ago, what can we do ? if anything Thanks for Any help sorry im new on here and am a bit confused where to post

[Obie]

Well write to them and ask them what is going on.

Get you local MP to assist with this.

[shirl157]

Oh we have done all that already and our Mp is already involved and still no Decision We were having a judicial review,to force them to make a decision,And they came up with an offer to Apply under Zambrano,which we did they then refused that

[Obie]

Did you get a right of appeal after they refused.

[shirl157]

Yes we did get right of Appeal,and they have twice asked for Adjournment,The good thing out of all this,A suppose is we are now back in the courts,As we have been in Limbo since my case in may 2011

[Obie]

Was there not a consent order that set out terms of withdrawal?

[shirl157]

No no consent order with terms of withdrawal

[shirl157]

No no consent order with terms of withdrawal

I had my case in 2011 at ECJ which i lost, i was then advised to apply for right to family life article 8 this is the case they then pulled out of,and wont make a decision,was going to JR and they came up with some offer to apply Zambrano then they refused that its all been going on almost 14 yrs

[Obie]

Have you got a legal representative.

What case did you have at the ECJ. Do you mean the court of human right as opposed to the Eurpean court of Justice,

[shirl157]

yeah was ECJ mccarthy case

[Obie]

In you CJEU case, there was no mention of a child?

Do you have a child?

Has your case returned to the Supreme Court again, and what was their decision.

[shirl157]

In you CJEU case, there was no mention of a child?

Do you have a child?

Has your case returned to the Supreme Court again, and what was their decision.

I Have 6 children,my case is not at the supreme courts its in the normal courts at the mo

[Obie]

If i am correct, after the CJEU, the courts answered the Supreme Courts question, and then your appeal must have been dismissed.

Then what did your do after the CJEU determination in your case.

How old is the youngest of your 6 children, and what nationality do they hold?

Did you apply using FLR(FP) form?

[shirl157]

After the Decision on my case i was told there was nothing else i could do,But my Husband had an Appeal on Hold as he was refused a residence card and they were waiting to hear the Decision on my case as it all relied on that,When i lost his Appeal went Ahead and was refused,We appealed again on article 8 right to family life,That was sheduled for Jan 2012,This is the case they pulled out of and will not make a decision on its complicated but then we were going to JR to force them to make a decision on our family life,They then told us to Apply under Zambrano We did and they refused that,so now we Appealing that,My Kids are all British same as me

[Obie]

Well your husband should clearly succeed under Exception 1, as you have children under the age of 18.

It is a shame they have not given you anything yet.

[shirl157]

my kids are all over 18 now This has been going on almost 14 yrs now,

[vinny]

The longer they delay, the stronger is your case.

[Obie]

I agree with Vinny, and soon your husband will reach the point where they cannot refuse or say you can accompany him to Jamaica.


You have a decent Article 8 case, I will suggest you wait for the conclusion of the hearing .

I guess you have a rep at present.

[shirl157]

oh yes we have got a rep,And we was told after my case by lawyers that they couldnt deport my husband,but they wont give him any status either,our case is with parlimentary ombudsman at the moment

[Obie]

You case has a long procedural history.

I don't think they will deport him.

I believe he will succeed under Article 8.

Just pursue the appeal against the Zambrano refusal and raise Article 8 grounds.

[vinny]

You case has a long procedural history.

The judges may shake their heads in dispair!

[shirl157]

The judge did shake her head in despair and told me she was a Dual National, British/irish

[Obie]

The ruling in your case is something that causes me heartache everyday. The effect it has had on so many people on this forum, never mind the effect on you, is hard to comprehend

Sometimes I feel, that you were advised wrongly to allow the matter to go that far.

The only people that benefited at the end of the day, we're the lawyers, getting enormous money from legal aid.

I hope your matter get finalised successfully very soon.

[shirl157]

I dont think i was advised wrong,but they definitley dealt with the case wrong

[Obie]

I will concede that point. I think just need to focus on the future now , and hopefully you will get finality soon.