SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

[JANKOBAAH2166]

Why did judge complain about salary?

Hi Obie sorry it was auto correct salary=sala

I;m a spouse of a british national,used surrender singh route to come to uk,with the Belgium family id.card.i have applied for a UK residence card.i have been in the UK for a year now.
what happens to my Belgium residence card and my status in Belgium if uk refuse me a residence card here?

[noajthan]

@JANKOBAAH2166, not clear what the connection is with this topic.

Suggest continue in your topic here:
http://www.immigrationboards.com/eea-ro ... 23874.html

[raz2]

Appeal Heard at FFT 13th Sep 2016
Allowed my Extended family Member Visa Appeal from FTT on dated 21 Sep 2016.
Either Party HO challenge FFT decision 29th Sep 2016 and ask for permission from FFT to go UT.
29th September to till now No reply ????????

Judge satisfied my Extended family member relationship and pre/ post financial dependency, heard my witness statements also details checked my paper/ producing evidence, my barrister raised all refusal points front of judge, No representative from HO.
Judge make decision categorically.

As though i allowed my Appeal from FTT on 13th September 2016,

HO applied for permission against the judge decision 29th Sep 2016 but Still No reply? 4 months passed no letter from FTT court.

Is that the Sala Decision effected on going allowed appeal by FTT?

Waiting time ???
can contact to Court or HO????
Need to travel outside country is there any option???

Where i am standing????


what next to do with that, how i do chase up ?

Reply plz have any expertise.

[Obie]

Sala decision has immediate effect. So it is affecting all decisions in the pipeline.

[raz2]

Sala decision has immediate effect. So it is affecting all decisions in the pipeline.

Hi Obie so what to do next waiting for any reply from course as my appeal allowed from FTT, but HO ask for permission against the decision of FTT judge with the same court.
If Sala decision effected us so they will reply us or not ?
how long we gona wait?
and what can do next?
Plz reply.

[raz2]

Applied EEA EFM visa : 12 March 2015
Refused HO : 07 Sep 2015 with appeal rights
FTT Hearing : 13th Sept 2016
Appeal Allowed : 21st Sep 2016
Home office Challenge the FTT decision: 27 Sep 2016
Permission granted by FTT : 20th January 2017 ( letter date) received date 07th Feb 2017



The ground on which permission to appeal is sought submit that the judge erred in law in that pursuant to Sala [2016}UKUT 411 (IAC) the Appellent had no right of appeal against the Respondent's decision this ground is arguable.

the grounds further submit that the judge failed to give any reasons for finding that the appellant had established that he had been dependent on his EEA national sponsor before he came to the UK and was dependant on him in the UK. this is not arguable. Although concisely stated the judge made clear in (peragraphs ... & ... of her decision why she made this finding and on the what evidence it was based.




what next in Upper Tribunal ?
can i go for JR ?

is the sala case will arguable on my circumstances, is there any effected arrangements against that which is fight able in court. Plz any guru help me out.

[Obie]

Well you may have little basis of challenge on the Sala grounds.

However you must resist the appeal in regards to the substantive matter regarding depandancy.

You have a right of appeal to the Court of Appeal.

I have been informed by the Court, that there are about 10 cases raising the Sala issue, that are awaiting the judges attention.

[raz2]

Hi every one update
I got hearing date in mid of March 2017 from UT.
After Sala case i dont whats gona in court.
Although i mention in previous post i got appeal allowed from FTT, and after HO challenge, UTT judge grant HO on the basis of Sala case.

I don't know how to QC defined after sala ? any gud suggestion plz let me know.

Is there anyone knows decision allowed after sala ?

Or UT can justify the cases with out sala?
any case result from court of appeal regarding sala ?

[raz2]

Hi everyone, update here:

I got hearing date in mid of March 2017 from UT.

After Sala case i dont know what will be in court.
Although i mention in previous post i was allowed my appeal from FTT in 21st Sep 2016, and after that HO challenge judge decision ,HO granted permission against me ,Particularly in my case FTT judge granted permission to HO but he clearly mention judge decision is not arguable, the only issue is Sala case which is arguable,

I don't know how my QC defined after sala ? any gud suggestion plz let me know.

Is there anyone knows decision allowed after sala ?

Or UT can justify the cases with out sala?
any case result from court of appeal regarding sala ?

[Obie]

I have a Sala Matter at the Court of Appeal. I gathered from case lawyer that there are about 10-12 cases waiting to go before a Judge.

[raz2]

I have a Sala Matter at the Court of Appeal. I gathered from case lawyer that there are about 10-12 cases waiting to go before a Judge.

Hi Obie , thanks for reply
what do you think, how long it will decided (Sala case ) from court of appeal, what the case lawyer said about time line in particular cases.

i heard, the Home Office may choose to amend the Immigration (EEA) Regulations 2006 to restore the right of appeal beyond doubt, is that true?

[Obie]

I have a Sala Matter at the Court of Appeal. I gathered from case lawyer that there are about 10-12 cases waiting to go before a Judge.

Hi Obie , thanks for reply
what do you think, how long it will decided (Sala case ) from court of appeal, what the case lawyer said about time line in particular cases.

i heard, the Home Office may choose to amend the Immigration (EEA) Regulations 2006 to restore the right of appeal beyond doubt, is that true?

Well the Home office has decided to do the opposite. The change the law to make clear that right of appeal dont exist.

[kinduzr]

hi,
I got a hearing date from court to hear my appeal for "Extended Family Member" application, but before hearing date court adjourned my date. and I am waiting for the decision (Dismissal of appeal) letter from the court. I want to ask, what other route I have to apply a visa in the UK. I have no degree and I am in this country almost 5 year 10 months.
what next will happen, all the EFM applicant will be able to put another category applications or not?
please need advise on this matter. waited 2 years for court date and at the end all finished.
thanks

[Obie]

It is open to you to lodge another extended family member application.

[kinduzr]

It is open to you to lodge another extended family member application.

thanks for your prompt reply. but now UK is leaving the EU, will they issue the Permits anymore?
My solicitor said to go for "Judicial Review" Will that work?
can I switch to the Entrepreneur 200 K category or back to student visa in University? or any other category than EFM without leaving the country.
please advise.
many thanks

[jnri799]

any new update? has anyone gotten visa after sala case?

[raz2]

any new update? has anyone gotten visa after sala case?

Hi , Still no one posted after the Sala case some of people have case in court of Appeal regarding Appeal rights after Sala, " Plz should update any one got result from court of appeal "

Here is a point arising the people who has applied Extended Family member visa earlier than promolgated the Sala case final decision from Upper tribunal in September 2016. Is they are the victims of sudden UT decision, are the get forcefully right of appeal from home office on the time of refusal? absolutely not
wrongly or rightly if the home office practice giving right of appeal to the extended family member is the separate issue but where the justice stand the people had spend there time/years and years and money too.
how's the justice blind in this era , as i know the law benefits of doubt always goes in appellant favor.

its make a sens, no appeal rights for new application. Atleast they know the law and peace of mind too.
but this is totally prejudice decision /injustice from the UT, just overlook and nothing mention there decision who they are in tunnel/just closed the from both end. it should be review but who will bell the cat?

secondly it is quite confusing if some one applied Extended Family Member visa on the behalf of EU national rather then his/her suppose so in my opinion is that if you applied Extended family member visa on the behalf of direct EU member so it should be right of appeal as the rights of direct family member the sense prevail you are the part of EU not EU suppose, so in short any one applied directly on the behalf of EU member so get advised from expert QC/ Barrister, rather than the ordinary lawyer/case worker who just looting the people and playing with the completions.

Every one waiting let see which why the winds blows, after Sala. please if some one have good information please share it would be great help for those who suffering.

[raz2]

My Extended EEA hearing is due in this month (March 2017) after the sala case , in UT.
no legal representative from my end.

Plz help-out i need gud advise , before appearing the front of honourable UT judge.
previously i won my appeal from FTT, but HO got permission on the basis of Sala ,no right of appeal.

My appeal was heard 13th sep 2016, and decision promulgate 21 sep 2016.
sala decision appeared same time,or bit before.

i missed the JR time, and now i am not in position to go the court of appeal.

what options i have now.

Can I applied Extended Family member visa out of non EU country if i want to leave ?
I spend almost 10 years in the UK, after PSW applied entrepreneur,that was refused twice.
then applied Extended family member visa in March 2015. some advised 10 year time route break.
so can i applied for Human right base of 10 year private life?

Plz guide that would be great help.
thanks

[Obie]

It is Always clear that SALA was unsustainable and was bound to go further.

The President of the Upper Tribunal has now made a reference to the European Court of Justice.

Sanaz Saifolahi address the issue of whether or not the state is correct to refuse right to EXtended Family members. A further question had been sent in regards to the application of Regulation 9 to Extended Family members..

The names and detail of the cases have yet to be published.

Case was before the Upper Tribunal Previously.

This is CJEU citation.

[raz2]

It is Always clear that SALA was unsustainable and was bound to go further.

The President of the Upper Tribunal has now made a reference to the European Court of Justice.

Sanaz Saifolahi address the issue of whether or not the state is correct to refuse right to EXtended Family members. A further question had been sent in regards to the application of Regulation 9 to Extended Family members..

The names and detail of the cases have yet to be published.

Case was before the Upper Tribunal Previously.


This is CJEU citation.

My appeal was heard at UTT in Mid of March 2017, previously i allowed my appeal on 13 sept 2016 and decesion promolgate on 21st Sep 2016 from FTT but HO got permission on the bases of Sala, grounds.
I was appeared UTT in person, home office representative relay on sala ground, judge asked few question to me and offfer to HO Repr for asked question to me and reserved the decision, which i got on 28th March.
and dismissed my appeal mainly on sala bases and judge also smartly raised the old HO refusal points.

Very short time left now ,what is the best option for me if need guidance plz.
I have the right to go CA permission from UTT , is there any hope in CA,or any chances to allow permission?

Fresh application ? is the better options?
3rdly can i go both in same time ?
early response willl be gr8 help.

[Obie]

Appeal I guess.

[raz2]

Appeal I guess.

CA have granted me permission in a challenge to Sala. Practitioners with similar cases please get in touch - multiple cases would be helpful.
this is twitte from xxxxxx immigration barrister.
still he did not give any case reference, but good hope for appellant's.

can any body knows , fresh application can made together with Appeal?????

plz reply.

[Obie]

Well fresh application and appeal is an option open to you.

[jnri799]

@Razz i am on a similar sitation been waitting for 1 year for a appeal date

[Shahbazraja786]

Hi I have applied for JR in November and I think court give answer after 3 months but it's almost 4 and half month but still nothing.can is nybody tell me please what they can do?court will accept my request or not ?