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why is this being appealed to the upper tribunal?

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Katie1
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Posts: 24
Joined: Thu Sep 19, 2013 1:04 am

why is this being appealed to the upper tribunal?

Post by Katie1 » Sat Sep 28, 2013 8:34 pm

My children's dad was born in Trinidad, but came to the UK with his parents when he was 12. However, his parents didn't sort out his immigration and he is classed as an over-stayer and has been in the UK for 10-11 years.

The dad is at an immigration centre for not signing on. However, he won his appeal under the human rights at the first -tribunal, but was dismissed under the immigration law

-My children's dad committed a drug offence, he was selling class A drugs and got 8 months in prison , but the tribunal judge said he committed this crime when he was young.. it was only three years ago.

- They know about the abusive behaviour he had towards me.. I have reported to the police on 7 occasions .. the last incident happened on December, and he did bodily harm.. by kicking me several times in the face- again the tribunal court said that the children's dad was stress because he was homeless and he was young when he committed this this happened in December.... so he was not young.

- Dad was cautioned by police because he was smoking weed

- Cautioned again by police of sexual harassment, that was 2 years ago

- Cautioned again by police in January cause a friend of his accused him of threatening him.

- The only thing for him is his kids, he is a good dad when he wants to be and has left several times, immigration are aware of this.

- He has been attending his supervised visits all the time, and the supervised visit team have wrote a letter to immigration about his superb attendance and how he is great to his kids.. even the fact that my son has a disability ( he doesn't or we are not sure as they changed my sons diagnosis to inconclusive) but the still thought to put this in.

-I did write a supporting letter about his visits with the kids

- The dad lied to the immigration tribunal that he was there when they medical team were accessing my son if he had any health problems.. which he did not

- None of his family members and myself did not go tot he tribunal and the dad lied and told them that we were away.

- He lied that he hasn't had contact with his family in Trinidad for 13 years.. which he does have contact but first tribunal judge believed that he hasn't had contact from family back home

- Also, there is no proof that I am a British citizen, but first- tribunal said that this doesn't matter... I do have a British passport but wasn't happy to give a copy to HO

However, Immigration are appealing to the Upper tribunal, why is this? Everyone I spoke to about the dad's case reckoned his case was strong.. Upper tribunal may decide that this case is not really worth dealing with and would reject HOs claim.

But what I want to know is why is HO appealing on behalf of my ex's case?

Amber
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Post by Amber » Sat Sep 28, 2013 8:52 pm

Please continue in your other thread
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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