Quick question about appeals

[Pablito]

Does the refusal of FP gives the right of appeal in-country if the application was made outside of UK?

any source links on that would be appreciated.

[Jambo]

There is no appeal court abroad. It is always in the UK even for applications made abroad (FP can only be applied from abroad).

[Pablito]

There is no appeal court abroad. It is always in the UK even for applications made abroad (FP can only be applied from abroad).

What I meant to ask is whether having right to appeal allows me to cross the border to UK in order for continuance of appeal?

In other words also, Can appeal per se constitute the right for admittance to UK when at the border, apart from any other rights that a person under Community Law or National legislation may have.

[Jambo]

Do you mean a person would just state his intentions at the border is to attend his appeal?

No. Right to appeal doesn't give you the right to enter (otherwise what's the point of refusing with a right to appeal). However, under EEA regulations rights to enter derive from the relationship and activities of the EEA national. If one can show he meets those he will be admitted regardless if has an outstanding appeal. However if he is a visa national, he will have difficulties boarding a flight (the right to appeal will not convince the airline).

[Pablito]

I mean that if IO would become aware of refused application for FP, be aware of appeal right and admit to UK because of this right.

Well the reason this crossed my mind is because sometimes people can choose to have oral hearing, or in case of refused appeal they may need to appeal further...

And to addition to that Directive states as far as I can recall that any proceedings can't deter EU citizens and their family members from exercising this right to free movement.

[Jambo]

If a person can prove his right at the border he would be admitted. But if he can do that by getting to the border, why did he apply for the FP in the first place?

There was a case in the forum of a non visa national (Argentinian if I recall) who applied for FP. Got refused and just jumped on a plane and was admitted at the border (by submitting a marriage certificate and his wife passport).

[Pablito]

Well in our case obviously it was probably much easier just applying for schengen visa and then doing the rest of the way by coach, but still I was hoping that our rights will be acknowledged in the light of all evidence we provided before.

So in my case the question 'why' goes down to the issue of empty hopes.

In case of other people who are non-visa nationals I think the reason is often lack of knowledge on the subject.

[Jambo]

As I said, in most cases the biggest hurdle is convincing the airline. Having an appeal won't help convincing them.

[Obie]

There is no appeal court abroad. It is always in the UK even for applications made abroad (FP can only be applied from abroad).

What I meant to ask is whether having right to appeal allows me to cross the border to UK in order for continuance of appeal?

In other words also, Can appeal per se constitute the right for admittance to UK when at the border, apart from any other rights that a person under Community Law or National legislation may have.

That is a wrong understanding of the law. Regulation 27 deals with out of country appeal. That appeal rights cannot be exercised if the person is in the UK. In any event it will be otoise as the person is already in the UK.

[Pablito]

Ok thanks guys

[EUsmileWEallsmile]

There is no appeal court abroad. It is always in the UK even for applications made abroad (FP can only be applied from abroad).

What I meant to ask is whether having right to appeal allows me to cross the border to UK in order for continuance of appeal?

In other words also, Can appeal per se constitute the right for admittance to UK when at the border, apart from any other rights that a person under Community Law or National legislation may have.

That is a wrong understanding of the law. Regulation 27 deals with out of country appeal. That appeal rights cannot be exercised if the person is in the UK. In any event it will be otoise as the person is already in the UK.

It's a little late, and I don't have the time just now to research, but I understood that there was some difference between those who are are admitted and those who are not. So, a person who is admitted is in the UK, fine with that. Though, someone who is refused, though physically in the UK, is not actually considered to be?

[Obie]

Also see Yiadom