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Refused Zambrano application

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

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

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kofi75
Member
Posts: 176
Joined: Sun Dec 23, 2012 6:59 pm
Location: london

Refused Zambrano application

Post by kofi75 » Thu Mar 28, 2013 5:15 pm

I got the most ridiculous decisions on my Zambrano application.I applied with my wife as joint carers of my step-son.We sent loads of documents showing the child is 100% dependant on us.The caseworker being ignorant,decided to refuse us solely on the customary marriage certificate we submitted with the application.
"You have submitted a marriage certificate as evidence of your relationship.The exits stamps in your passport clearly shows you could not have been in Ghana on the claimed date of your wedding.It therefore calls into question the credibility of your marriage certificate and your relationship.In view of the above reasons,you donot qualify as a primary carer of the relevant British Citizen.
She has no clue about proxy customary marriage in Ghana and kept saying "wedding"Appeal here I come.McCabe v McCabe 1994 case law.Under the customary marriage and divorce registration(Ammendment)law 1991,it was no longer mandatory to register your customary marriage in Ghana.It was still considered valid as longer as both family agreed according to the tradition of the parties involved as evidenced in the case law of McCabe V McCabe 1994

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

Post by Obie » Thu Mar 28, 2013 9:49 pm

McCabeVs McCabe is a good case, and also more recently CB(Brazil) .

You could appeal. What is the status of the mother.

Try and watch out for O,S aswell
Smooth seas do not make skilful sailors

kofi75
Member
Posts: 176
Joined: Sun Dec 23, 2012 6:59 pm
Location: london

Post by kofi75 » Thu Mar 28, 2013 10:55 pm

Obie wrote:McCabeVs McCabe is a good case, and also more recently CB(Brazil) .

You could appeal. What is the status of the mother.

Try and watch out for O,S aswell
She has no status

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

Post by Obie » Thu Mar 28, 2013 11:15 pm

Then that put you well within the ambit of the Zambrano provision. A judge fixing his mind on the law and issues, should allow your appeal in these circumstances.
Smooth seas do not make skilful sailors

kofi75
Member
Posts: 176
Joined: Sun Dec 23, 2012 6:59 pm
Location: london

Post by kofi75 » Sat Mar 30, 2013 7:32 pm

[quote="Obie"]Then that put you well within the ambit of the Zambrano provision. A judge fixing his mind on the law and issues, should allow your appeal in these circumstances.[/quote
They know we fall within their own scope of zambrano but just refusing to issue drc.i will arm myself with some case laws at court and hopefully with a knowledgeable judge,we should be ok

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