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Hello
The mistake HO has done is to even decided the case as per the consent order, all LTR zambrano cases would be on hold until the appeal done and guidance change.
Fustrated2019 wrote: ↑Fri Jul 30, 2021 10:23 amGood morning everyone ,
i had my oral hearing yesterday and the HO asked the judge to dismiss my appeal because I have a pending EUSS application , is that normal? The judge hasnt given a verdict and I said I will receive a decision in the post . I am so scared and confused.
please can someone shed a light ? Thank You
snooky wrote: ↑Fri Jul 30, 2021 1:10 pmFustrated2019 wrote: ↑Fri Jul 30, 2021 10:23 amGood morning everyone ,
i had my oral hearing yesterday and the HO asked the judge to dismiss my appeal because I have a pending EUSS application , is that normal? The judge hasnt given a verdict and I said I will receive a decision in the post . I am so scared and confused.
please can someone shed a light ? Thank You
Don't be scared.
HO and HOPO was shallow to ask the judge to dismiss your case as you got EUSS pending. Have they forgotten that the two do not vary
The judge wouldn't do that as your right was and is protected before on or 31 December 2020.
As you met the Regulations at that time, don't be afraid of HO intimidation.
They should have come there to argue on point of law not to thwart the Judge's knowledge
There is only three questions under zambrano eea reg 16 to meet.
Is your child a British and under 18
Is the child living in the UK
Are you the primary carer.
If it is ye ye yes then HO can't ask the judge to preclude you. That would be against Article 20 of the TFEU.
Trust the judge
They are unbelievable . I just hope and pray that the judge sees it as it is. The hearing was scheduled for 2 hours but lasted only 20 minsObie wrote: ↑Fri Jul 30, 2021 1:55 pmThey are trying to mislead the tribunal at any cost.
If the judge dismiss your appeal under 2016 regulation, no way you can succeed under settlement scheme. So that is misleading.
I faced similar misleading from them 3 weeks ago, the appellant is a single mother, the father of the children is married to someone else from whom he derived his residence rights. Home Office without evidence, were saying the guy and the woman are together. When we ask for disclosure of the guys marital status, which they know about, they refused to disclose.
Since I joined this forum, I have always said LTR doesn't stop anyone from Zambrano and Reg 7 and 7(A) also did not exclude people with HO controlled LTR.Fustrated2019 wrote: ↑Fri Jul 30, 2021 1:48 pmsnooky wrote: ↑Fri Jul 30, 2021 1:10 pmFustrated2019 wrote: ↑Fri Jul 30, 2021 10:23 amGood morning everyone ,
i had my oral hearing yesterday and the HO asked the judge to dismiss my appeal because I have a pending EUSS application , is that normal? The judge hasnt given a verdict and I said I will receive a decision in the post . I am so scared and confused.
please can someone shed a light ? Thank You
Don't be scared.
HO and HOPO was shallow to ask the judge to dismiss your case as you got EUSS pending. Have they forgotten that the two do not vary
The judge wouldn't do that as your right was and is protected before on or 31 December 2020.
As you met the Regulations at that time, don't be afraid of HO intimidation.
They should have come there to argue on point of law not to thwart the Judge's knowledge
There is only three questions under zambrano eea reg 16 to meet.
Is your child a British and under 18
Is the child living in the UK
Are you the primary carer.
If it is ye ye yes then HO can't ask the judge to preclude you. That would be against Article 20 of the TFEU.
Trust the judge
Thank you snooky. He said I don’t meet reg 16 ( b) where it says someone doesn’t qualify if they have leave to remain . All my arguments went flying and I didn’t say enough to support my case. The judge did ask me questions to establish if I am a sole carer . The only argument the HO had was that I have leave to remain so I didn’t qualify.
Thank you so much snooky. I will update the thread with any changes
Obie is on point.Obie wrote: ↑Fri Jul 30, 2021 1:55 pmThey are trying to mislead the tribunal at any cost.
If the judge dismiss your appeal under 2016 regulation, no way you can succeed under settlement scheme. So that is misleading.
I faced similar misleading from them 3 weeks ago, the appellant is a single mother, the father of the children is married to someone else from whom he derived his residence rights. Home Office without evidence, were saying the guy and the woman are together. When we ask for disclosure of the guys marital status, which they know about, they refused to disclose.
Thank you @snooky. Nothing surprises me with them anymoresnooky wrote: ↑Fri Jul 30, 2021 2:20 pmSince I joined this forum, I have always said LTR doesn't stop anyone from Zambrano and Reg 7 and 7(A) also did not exclude people with HO controlled LTR.Fustrated2019 wrote: ↑Fri Jul 30, 2021 1:48 pmsnooky wrote: ↑Fri Jul 30, 2021 1:10 pmFustrated2019 wrote: ↑Fri Jul 30, 2021 10:23 amGood morning everyone ,
i had my oral hearing yesterday and the HO asked the judge to dismiss my appeal because I have a pending EUSS application , is that normal? The judge hasnt given a verdict and I said I will receive a decision in the post . I am so scared and confused.
please can someone shed a light ? Thank You
Don't be scared.
HO and HOPO was shallow to ask the judge to dismiss your case as you got EUSS pending. Have they forgotten that the two do not vary
The judge wouldn't do that as your right was and is protected before on or 31 December 2020.
As you met the Regulations at that time, don't be afraid of HO intimidation.
They should have come there to argue on point of law not to thwart the Judge's knowledge
There is only three questions under zambrano eea reg 16 to meet.
Is your child a British and under 18
Is the child living in the UK
Are you the primary carer.
If it is ye ye yes then HO can't ask the judge to preclude you. That would be against Article 20 of the TFEU.
Trust the judge
Thank you snooky. He said I don’t meet reg 16 ( b) where it says someone doesn’t qualify if they have leave to remain . All my arguments went flying and I didn’t say enough to support my case. The judge did ask me questions to establish if I am a sole carer . The only argument the HO had was that I have leave to remain so I didn’t qualify.
Thank you so much snooky. I will update the thread with any changes
This was further given a boost by Judge Neville though it is a Ftt ruling, the good thing about him is that he is a proper leanered judge. His theory was accepted by Judge Mostyn in Akinsanya.
HO has nothing to argue about but to mess up people future before you can straighten up.
Your case would be allowed but prepare for HO appealing against the decision because I have seen a lot recently.
snooky wrote: ↑Sat Jul 31, 2021 1:15 pmTo All
Good News from the courts.
HO appealed against a decision of Ftt allowing a EEA Zambrano under reg 16 after HOs stupid refusal.
The courts also are fighting back by disallowing the HO the right of appeal.
The attached is the decision received from one of my clients
This means you guys shouldn't be afraid.
You will all succeed
Fustrated2019 wrote: ↑Sat Jul 31, 2021 1:26 pmsnooky wrote: ↑Sat Jul 31, 2021 1:15 pmTo All
Good News from the courts.
HO appealed against a decision of Ftt allowing a EEA Zambrano under reg 16 after HOs stupid refusal.
The courts also are fighting back by disallowing the HO the right of appeal.
The attached is the decision received from one of my clients
This means you guys shouldn't be afraid.
You will all succeed
Alleluia Thank you for the update snooky![]()
Hi
Technical you have filled a wrong form. You beans and eat rice.shay007 wrote: ↑Wed Aug 04, 2021 7:20 pmHello everyone, is it possible to fill an online FLR FP form but shows FLR M as the visa type at the end of the form as you are about to pay. Is it my mistake by chowing the wrong form or because I’m married? Can you change it or do I have to fill another form? Thanks for your reply