SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

[Dissickbrown]

1. My refusal letter was in July 2016.

2. It will take 21 days approximately from the day you send the appeal. I done mine through fax.

3. I got appeal number on Friday last week. I should get a respond from judge in 2 weeks time.

So long your refusal letter was decided with the 2006 regulation. You definitely have an appeal, so relax your mind.

When did you send and got the refusal from Ftt?

Thanks for a quick reply
yes why i sent this appeal because long searches on sala cases over google than
wrote to a barrister who also told that regulation 2006 has appeal right if sala was reason so after third refusal on same day i filled appeal, so can you please tell what documents u sent with appeal i know that judge will decide is this an appeal or not but just for understanding. i have mentioned in my appeal application that further papers i will send in process of appeal once my appeal get listed. thanks again stay in touch

I only send the appeal form and refusal letter.

I paid £140 for hearing, if a judge grant me a hearing I will then send my other supporting documents.

Are you sending your appeal for the first time? Or you appeal before and rejected by the court? Please reply

[bbcuk]

1. My refusal letter was in July 2016.

2. It will take 21 days approximately from the day you send the appeal. I done mine through fax.

3. I got appeal number on Friday last week. I should get a respond from judge in 2 weeks time.

So long your refusal letter was decided with the 2006 regulation. You definitely have an appeal, so relax your mind.

When did you send and got the refusal from Ftt?

Thanks for a quick reply
yes why i sent this appeal because long searches on sala cases over google than
wrote to a barrister who also told that regulation 2006 has appeal right if sala was reason so after third refusal on same day i filled appeal, so can you please tell what documents u sent with appeal i know that judge will decide is this an appeal or not but just for understanding. i have mentioned in my appeal application that further papers i will send in process of appeal once my appeal get listed. thanks again stay in touch

I only send the appeal form and refusal letter.

I paid £140 for hearing, if a judge grant me a hearing I will then send my other supporting documents.

Are you sending your appeal for the first time? Or you appeal before and rejected by the court? Please reply

thanks for asking i paid 80£ for writen appeal
and appeal is direct first time with regulation amendment in 2016 sala

[bbcuk]

1. My refusal letter was in July 2016.

2. It will take 21 days approximately from the day you send the appeal. I done mine through fax.

3. I got appeal number on Friday last week. I should get a respond from judge in 2 weeks time.

So long your refusal letter was decided with the 2006 regulation. You definitely have an appeal, so relax your mind.

When did you send and got the refusal from Ftt?

Thanks for a quick reply
yes why i sent this appeal because long searches on sala cases over google than
wrote to a barrister who also told that regulation 2006 has appeal right if sala was reason so after third refusal on same day i filled appeal, so can you please tell what documents u sent with appeal i know that judge will decide is this an appeal or not but just for understanding. i have mentioned in my appeal application that further papers i will send in process of appeal once my appeal get listed. thanks again stay in touch

I only send the appeal form and refusal letter.

I paid £140 for hearing, if a judge grant me a hearing I will then send my other supporting documents.

Are you sending your appeal for the first time? Or you appeal before and rejected by the court? Please reply

thanks for asking i paid 80£ for writen appeal
and appeal is direct first time with regulation amendment in 2016 sala

hi dear again i received letter ait of receipt, i know u have same letter too ,can you confirm that u were sent old refusal for appeal on sala but on ait letter latest of refused application eu refernce number mentioned as i have got it. this means they confirm from home office first kind of this appeals where we dont have right of appeal, well also have u got any hearing letter ? plz we r on stage where we can stop ourself in uk for more two years with appeal and after 2019 march may be can be given us an amnesty. so list to our case for hearing is more important.thinking 50/50 for this. not sure.

[Dissickbrown]

Hi. Honestly I can't really understand your writing. It's really difficult for me. Can you please rewrite. So I can respond accurately. Thanks

[bbcuk]

Hi. Honestly I can't really understand your writing. It's really difficult for me. Can you please rewrite. So I can respond accurately. Thanks

i hv wts ap
xxxxxxxxxxxxxxxxx

[raz2]

Hi every one.
is there any one knows when the SM Algeria case will be heard by supreme court, last heard was in Nov 17 so what is the outcome of the case,
As the HO refused permission to appeal from the court of Appeal and they have on 42 days styed on the basis of SM Algeria cass where the Khan case (SALA) will be discused.
As my appeal styed pending in the court of appeal.
perviously in Sep 2015 my appeal was allowed from FTT, after HO challenge in UTT on the basis of sala (No Jurisdiction)
UTT refused my appeal only on no jurisdiction.

where i am standing now?
what would be next ?
how long its take.

secondly is there any effect on 2 parllel cases, one is appeal under Reg 2006 which is styed pending in CA.
and the others hand new application for EEA EFM under reg 2016, which has been recently refused by HO.

[Obie]

Yes i have received the same order from the court of appeal, staying cases pending the outcome of SM .

The Supreme Court has announced that it will be giving out judgement on the 14-02-2018.

[raz2]

Thanks Obie for reply.
what you think the SC judgment would remain same as CA decision on Sala?

hopefully it would be, so how the cases going on, particularly in my case as in sep 2015 the FTT allowed my appeal.
afterwords the only issue raised in my case is no jurisdiction.

Is the HO consider my case issuing the Biomatrics card if the court directed, or they can challenged and what is the time line?

[Obie]

It is strange your appeal was allowed in 2015, and Sala became an obstacle, when Sala only came out in the Autumn of 2016.

One does not know what the supreme court will say. However there is an Opinion in Banger coming up on the 15-03-18. So whatever the supreme court say, may not mark the conclusion of the matter.

[raz2]

thanks obie
my apology it was sep2016.
so its mean wait untill Banger in March. the final jugment.

how long they would take more. is there any hope of positive outcome?

i need an opnion about travel out side of country in Couple of months is that any way as according to the current senorio going on.

[Raja2018]

I don't know why the judge of higher tribunal send my case back to ftt if their is still problem with the SM algeria or any other, as my case was not heard in last feb because of SALA. I went to UT then HO raised the issue that UT should wait for SM algeria and should not give decision but during the hearing at UT the HO represnting officer said they have no objection that appeal should be heard at FTT and I didnot said a word and it was over in 3 mins. so I am back at FTT where I was not heard in Feb 2017 because FTT said they cannot hear it because of SALA.
Later I got decission notice from UT and now waiting for fee letter from FTT.

[Obie]

The Supreme Court has concur with the Court of Appeal, that SALA was wrongly decided.

https://www.supremecourt.uk/cases/uksc-2015-0243.html

It follows from that, that the cases pending in the Court of Appeal will be able to proceed.

[raz2]

thanks for updating Obie
CA will proceed the pending stay cases either the would wait for Banger case to handedover the final judgement.

As my appealed stay pending due to SM Algeria.
What it would be the result in my case
which was heard in FTT (sep 2016) & allowed my appeal. so where i m standing now.

[ScottJonesy]

thanks for updating Obie
CA will proceed the pending stay cases either the would wait for Banger case to handedover the final judgement.

As my appealed stay pending due to SM Algeria.
What it would be the result in my case
which was heard in FTT (sep 2016) & allowed my appeal. so where i m standing now.

I would not worry about Banger. It is not a court ruling, it is an "opinion". All CJEU opinions are designed to create greater harmony, promote free movement and the like. In these cases, if something negative for our cases occurs in Banger it will be a mute point I feel. I highly doubt though that the CJEU will give an opinion that violates any of the EU principles re these opinions.

The Supreme Court have ruled Sala being over turned is correct. The Home Office have no right of appeal to that. All cases will be judged on their own merits now. The GLD tried to get my case stayed and they failed BEFORE today. I can actually see the GLD quickly dropping a load of cases as their workload just became unsustainable (a situation they created themselves)

[Obie]

Well Banger will certainly have an effect on cases which falls under the 2016 EEA Regulations, therefore it is indeed relevant.

[Dissickbrown]

Well Banger will certainly have an effect on cases which falls under the 2016 EEA Regulations, therefore it is indeed relevant.

Hi Obie, please advise.
I submitted my appeal that was refused in July 2016 on 2006 regulation, on 9th of January 2018. The tribunal wrote me a letter after 3 weeks to make a payment of £140 since I choose hearing. I made the payment that same day 26th of January 2018. I rang the tribunal after 1 week, and they told me I will get a letter for hearing.
Yesterday I received a letter of decision from a tribunal judge that my appeal is dismissed. Because the secretary of state notice I did not send any additional support document with my appeal.
I have all my support documents with me but I was waiting for a hearing date before I send them. How come my case was decided on my behalf and I paid for a hearing?
Should I resubmit the appeal with all the documents this time or I should submit it to Upper Tribunal? Please help. Thanks

[vinny]

If you were appealing to the Frist Tier Tribunal, then

Read the guide on representing yourself if you’re not going to have a legal representative.

2. After you have lodged your appeal you will be sent a Notice of the time and date of your hearing and where the hearing will be heard. We have Hearing Centres at Taylor House in central London, Hatton Cross (near Heathrow Airport), Manchester, Newport, Bradford, Glasgow, Birmingham, Nottingham, Stoke, North Shields and Belfast. If for any reason you wish your hearing to be heard at a different Hearing Centre or on a different day you must write in with your request. If you have any particular dif culties or needs you must inform the Tribunal. If you need an interpreter, and have not already said so in your notice of appeal, you must tell the Tribunal. You must say which language and dialect you need the interpreter to speak.

3. You should send copies of any documents that you want the Judge to look at to the Home Office and the Tribunal as soon as possible and no later than the date specified in the notice of hearing letter you received from the Tribunal. In all correspondence with the Tribunal you must include the Home Office reference number and the Tribunal reference number, which you will see on the letters from them. You must bring all the originals of the documents that you intend to rely on with you to the Tribunal. Only documents in English will be looked at so if any are not in English you must arrange for translations.

It's strange, if they dismissed your hearing before they informed you of a hearing date and time.

Complain?

[vinny]

However, if you were appealing to the Upper Tribunal, then

Documents you must send with your application
Include copies of the following documents with your form:

the decision by the First-tier Tribunal
the ‘notice of refusal of permission to appeal’ by the First-tier Tribunal or the ‘refusal to admit the application for permission’
a statement clearly setting out your reasons for why you think the First-tier Tribunal made a mistake
any other relevant documents that you sent to the First-tier Tribunal
You also need to include any written evidence that shows why you think the First-tier Tribunal made a legal mistake.

[ScottJonesy]

Well Banger will certainly have an effect on cases which falls under the 2016 EEA Regulations, therefore it is indeed relevant.

Why only the 2016 ?

[raz2]

Hi everyone
Could some one knows about.
if some one have appeal pending in the CA which is on the EEA regulation 2006 from sep 2016 to onwords, same time when the appeal goung on 2017 March the same applicant, apply for EFM again on the same grounds but HO refused the application under regulation 2016, now the applicant rellying the appeal styded pending under regulation 2006, so what is the legal postion of the applicant.

[Shahbazraja786]

Your old apeal is not valid anymore because u applied a new cause.in this situation u have to focus on your new apeal because 2 apeal can't exist on same time.

[raz2]

thank you for reply, i didnt pursue the recent refusal, but my old appeal is still going on styed pending on CA.
previously the old appeal allowed in FTT in 2016. but after that HO challenge on no jurisdiction (Sala case). still i m fighting on that.
this is out of immigration rules, can applied the two parrlel cases one is appeal n new application on the same grounds as got advised from many barristers in past.

Is that the home office highlighted this issue?

[eeaprneu2]

You can pursue both appeals at the same time. When your visa/residence card is issued under one, Home Office will inform the tribunal and they will cancel the other appeal.

[Obie]

You can pursue both appeals at the same time. When your visa/residence card is issued under one, Home Office will inform the tribunal and they will cancel the other appeal.

That is not correct, things don't work that way under the regulations. A new application does not overturn an old refusal which is the subject of an appeal.

[eeaprneu2]

Anyone receiving decision after 01-02-2017, will not be able to appeal under the 2006 Regulations. They will have to rely on the 2016 Regulations which does not have any appeal rights for Extended family members.

We are expecting an opinion form the CJEU, as the case of Banger was heard very recently. So hopefully this issue will be resolved soon.

Hi Obie,

Can you apply straight away after the opinion comes? or do you have to wait for a decision? Just curious whats the difference between opinion and judgement (not that UKBA cares about either).