Here's a hot tip:
You may want to create a social media account with the username "Wishfulgirl". That way, people on here can find you. The downside is the Home Office would also make the connection.
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Here's a hot tip:
Thanks Marcidevpal,marcidevpal wrote: ↑Tue Jul 11, 2023 11:35 amHere's a hot tip:
You may want to create a social media account with the username "Wishfulgirl". That way, people on here can find you. The downside is the Home Office would also make the connection.
It seems the judge accepted you were issued a family member residence document. Has the Home Office specifically argued you lost your rights when he passed away? It seems you may be fighting a battle that has already been won. If the judge didn't say you lost the right, and the Home Office haven't argued it, then you completed five years as a family member of an EU national. Therefore, you are eligible for residence under EUSS.Wishfulgirl wrote: ↑Tue Jul 11, 2023 12:08 pmI briefly typed in "Retained Rights" in the group and it seems to only show individuals with retained rights in the event of a divorce.
If someone contacts you claiming to be me, don't believe them. Ask me on this forum. And, of course, don't send people money. And you may want to create a separate email address for this Zambrano stuff.
The judge has accepted. However, Home Office never made any mentioned of it at all even though it was shown in 2019 when I made my flr fp application and again in 2021 when I made the zambrano application. I sent it specifically in hopes it would come to their attention and they point me in the right direction but I felt it was just overlookedmarcidevpal wrote: ↑Tue Jul 11, 2023 12:57 pmIt seems the judge accepted you were issued a family member residence document. Has the Home Office specifically argued you lost your rights when he passed away? It seems you may be fighting a battle that has already been won. If the judge didn't say you lost the right, and the Home Office haven't argued it, then you completed five years as a family member of an EU national. Therefore, you are eligible for residence under EUSS.Wishfulgirl wrote: ↑Tue Jul 11, 2023 12:08 pmI briefly typed in "Retained Rights" in the group and it seems to only show individuals with retained rights in the event of a divorce.
marcidevpal wrote: ↑Tue Jul 11, 2023 1:14 pmIf someone contacts you claiming to be me, don't believe them. Ask me on this forum. And, of course, don't send people money. And you may want to create a separate email address for this Zambrano stuff.
Again, you are arguing a point no one has argued. The Home Office has not made the points you are arguing. Or am I missing something?
Okay thanks for the info.marcidevpal wrote: ↑Tue Jul 11, 2023 1:23 pmAgain, you are arguing a point no one has argued. The Home Office has not made the points you are arguing. Or am I missing something?
Eventhough you lost your appeal, your judge made findings of fact. Those facts have rights attached to them.
The Withdrawal Agreement requires judges to look at the legality of the Home Office rules, all the relevant facts and circumstances, and whether the refusal is disproportionate. It isn't clear to me your FtT judge considered the question of proportionality. Therefore, he or she made an error of law.
The Home Office has an opportunity to respond to the points you make in your permission to appeal. If it bothers them that you didn't apply for a retained rights document, they will say so. Until they do, it isn't your problem. Even if they do raise the point, the judge will ask them why they didn't tell you to apply? The Home Office is required to help you under the terms of the Withdrawal Agreement. So, it's their loss.
Right now, you should probably be focused on making a list of all the points you want to make for your permission application. Those points should relate to what your judge actually said or didn't say.
Also, if someone sends you a message on social media with a link, don't click on the link. Just Google whatever the thing is to get the official version.
You're welcome, Wishfulgirl!
I should mention. It is important not to give the Home Office ammunition. Make them argue the points that go against your appeal.
(o) the competent authorities of the host State shall help the applicants to prove their eligibility and to avoid any errors or omissions in their applications; they shall give the applicants the opportunity to furnish supplementary evidence and to correct any deficiencies, errors or omissions;
(r) the applicant shall have access to judicial and, where appropriate, administrative redress procedures in the host State against any decision refusing to grant the residence status. The redress procedures shall allow for an examination of the legality of the decision, as well as of the facts and circumstances on which the proposed decision is based. Such redress procedures shall ensure that the decision is not disproportionate.
marcidevpal wrote: ↑Tue Jul 11, 2023 2:11 pmI should mention. It is important not to give the Home Office ammunition. Make them argue the points that go against your appeal.
Now, there is such a thing as a preemptive or anticipatory strike. I don't think it is really necessary here. Anticipating your adversary's next move and working to neutralise it requires skill. It can backfire on you easily.
You may want to spend some time thinking about why you are focused on an argument that no one is making. It could be the case you are just being cautious or conservative. It could also be for other reasons that relate to how you see yourself, your belief system, etc. Just something to consider in one's quiet moments.
Here's what I think could happen. Either you go into your next hearing with lowered confidence due to your worries about the 'retained' rights issue, or you raise the retained rights issue in your arguments in an immature way. Then, the Home Office pounce on this issue in their response, sensing your weakness. At this point, it falls on the judge to fix the situation. But that is not a judge's responsibility. Sure, you may get lucky. But again, the judge is supposed to listen to either side's arguments and reach a decision - not fight your corner.
So, here's what I propose. You find a competent lawyer who can settle your nerves regarding the retained rights issue - one way or the other. You commit to spending X minutes per day trying to find one. The site I listed above has a filter for 'lawyers who accept legal aid', so that is quite helpful. You may get a lot of no's. But I do believe there is a competent lawyer out there for you who will represent you without you having to spend your money. This lawyer can handle the retained rights issue on your behalf.
However, if you continue as a litigant in person, you can use this life challenge as an opportunity to face any demons you have that may affect your confidence or cause you to self-sabotage. Just to be clear, we all have our demons, and we all self-sabotage in various ways. I mean as no personal attack on you. If you can get over the retained rights hurdle - and take the win bestowed by the FtT judge - your grounds for permission to appeal will do you proud.
Also, ChatGPT is your friend. I like to feed it short sentences filled with high emotion. ChatGPT then takes my sentences and combines them where necessary and tones down the rhetoric. It's great.
Hi Wishfulgirl,Wishfulgirl wrote: ↑Tue Jul 11, 2023 3:15 pmI haven't slept since Friday evening I'm now going 4 days without sleep, that's how fragile my mental health currently is.
UK immigration judges are expected to apply the law correctly and make decisions based on the evidence and legal principles relevant to each case. Errors of law that a UK immigration judge can make may include:
Material Error of Law: This occurs when the judge makes a mistake in applying the law that is material to the decision. For example, misinterpreting or misapplying immigration rules, regulations, or case law.
Procedural Error: This refers to errors in the procedure followed during the hearing or decision-making process. It could include failure to consider relevant evidence, failure to allow proper representation, or not providing the opportunity for a fair hearing.
Failure to Consider Relevant Factors: If a judge fails to consider all relevant factors or evidence that is crucial to the case, it could be considered an error of law. This might involve disregarding important documents, failing to consider relevant personal circumstances, or not taking into account relevant country guidance information.
Unreasonableness: If a judge reaches a decision that is so irrational or unreasonable that no reasonable judge would have made it based on the evidence before them, it could be seen as an error of law.
Bias or Prejudice: If there is evidence to suggest that the judge was biased or prejudiced in their decision-making process, it could be grounds for arguing an error of law.
Failure to Provide Adequate Reasons: Judges are required to provide clear and sufficient reasons for their decisions. If the reasons given are inadequate or insufficient to understand the basis for the decision, it may be considered an error of law.
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6. Areas of legislative interpretation, failure to follow binding authority or to distinguish it with adequate reasons, ignoring material considerations by taking into account immaterial considerations, reaching irrational conclusions on fact or evaluation or to give legally inadequate reasons for the decision and procedural unfairness, constitute errors of law.
7. It is not an arguable error of law for an Immigration Judge to give too little weight or too much weight to a factor, unless irrationality is alleged. Nor is it an error of law for an Immigration Judge to fail to deal with every factual issue of argument. Disagreement with an Immigration Judge's factual conclusion, his appraisal of the evidence or assessment of credibility, or his evaluation of risk does not give rise to an error of law. Unless an Immigration Judge's assessment of proportionality is arguable as being completely wrong, there is no error of law, nor is it an error of law for an Immigration Judge not to have regard to evidence of events arising after his decision or for him to have taken no account of evidence which was not before him. Rationality is a very high threshold and a conclusion is not irrational just because some alternative explanation has been rejected or can be said to be possible. Nor is it necessary to consider every possible alternative inference consistent with truthfulness because an Immigration Judge concludes that the story is untrue. If a point of evidence of significance has been ignored or misunderstood, that is a failure to take into account a material consideration.
Hi Wishfulgirl,Wishfulgirl wrote: ↑Tue Jul 11, 2023 3:15 pmI haven't slept since Friday evening I'm now going 4 days without sleep, that's how fragile my mental health currently is.
Thanks Again,marcidevpal wrote: ↑Tue Jul 11, 2023 4:12 pmHi Wishfulgirl,Wishfulgirl wrote: ↑Tue Jul 11, 2023 3:15 pmI haven't slept since Friday evening I'm now going 4 days without sleep, that's how fragile my mental health currently is.
A direct access barrister may not be your best option as they are often short on time. I get the impression you need someone who is patient and a good communicator.
I also get the impression you want to pursue your claim as a litigant in person? That's ok, too. I think you just need to be honest with yourself about when the stress is too much. If you haven't slept properly in 4 days, it could be a sign that you need to bring someone in to help. Just a thought.
Either way, the first step is to thing about what errors of law you feel the judge may have committed. Don't worry about describing the error in legal terms. Just put it into your own words. Then rank the errors. Then, attach the errors to the legal concepts. You may find a spreadsheet easier. Or not.
Fantastic news, Wishfulgirl! I agree you are definitely entitled to settlement.Wishfulgirl wrote: ↑Tue Jul 11, 2023 5:16 pmAnd it looks like I can make an application for retained rights, she advised I get a solicitor....She did say in order to apply, I'd need to cancel my zambrano administrative review first.