Ol7max, I totally see your point and after dishing out so much money on my case so far, I know better than just to take everything he advises lying down. I was going to change to another advisor but thought about the time limit.
Now, on the 7 year concession, one of the factors that could count against an appellant is by knowingly delaying representation...or something along that line. This could stand against one.
Actually, on the issue of adjournment, I don't think he thought of it, actually and I didn't bring it up.
As per my child's age, I think the home office would argue that anyway, whether now or in January (when my daughter actually turns 7). At the date of the decision, the dp5/96 policy didn't apply to my case but then again I have read case laws where the delay and near misses have been argued to the appellant's favour.
In my case, had the home office replied within a reasonable time after the application, I would have qualified for the dp3/96 which is the marriage policy but due to their delay, I have been disadvantaged (this does not necessarily carry a heavy weight when decision needs to be reached but it would be considered). Of course, in the period of waiting, my daughter's family life became stronger and so did mine. These are good grounds, I think but then again, the article8 is such a high threshold but I think I might just pass it.
What bothers me now of course is the fact that I currently don't fall under any policy to be considered on but article 8 but whether the dp3/96 can be argued is what I wait to see. My solicitor is confusing at the moment and i've thought if it wouldn't have been better to represent myself and save on that fees.
That aside, how could I have asked for an adjournment? I thought of your earlier suggestions but none seemed feasible. My daughter has no medical conditions I could capitalise on and neither do I. My chances might not be so bad on article 8 though.
What would you have suggested? It might not be too late for me to make a 'u-turn', that's why I come here for advise.
OL7MAX wrote:My solicitor didn't say anything about adjournment
Was it because he consciously took a decision that it was in your best interests or ... because he didn't think of it?
he just wants us to go for this appeal and try our best first.
I don't care what my solicitor "wants". I care about what's in my best interest. And it's up to him to convince to justify why he recommends a certain course of action.
Have you even considered that the judgement might "stop the clock" on your child's age? If so (and I don't know if it is) then you may have ruined your chances simply by taking this hearing instead of a later one. Even if it doesn't affect the age count the HO could argue at any future appeal that your child's age at time of judgement was what mattered.
Are these things you have grilled your solicitor on? I may be barking up the wrong tree but it pays to try all the trees in the park.
I can only pray and hope at this stage.
Sorry to be harsh but that's a defeatist attitude. You can do a lot more than praying. Start by not accepting everything professional advisers dish out and accept that they can sometimes be wrong or just not very thorough.
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