SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

[Shahbazraja786]

My case was heard by ftt. Efm sala reg. 2016
Good luck to everyone

What happen with your hearing.i mean any good response ?

Hi guys I had hearing date in uper tribunal.my barrister was with me
Judge didn't speak to me or my uncle and had just 2 3 minuts conversation with my barrister and finally judge said I refer to back in 1st tribunal and they will hear your full apeal

When was your application refused? was it under 2016 regulations? or 2006?

My application was refused in 2015 it's mean under 2006 regulations

[sohail akhter]

Dear Imran!!
Can you please write down the list of documents which you attached with your visa application?

Regards
Sohail

Hi Guys,
I would like to thank you all of you to share their views/experience and aid to others. I also would like to share my case update / experience.
My sister and brother in law are Italian nationals and residing in UK since 2015. I am financially dependent on my sister and her husband. So I applied in last year (April) for EEA family Visa from Pakistan which got refused and appeal against the decision of home office in May,17. Appeal allowed by FTT and my hearing was secluded on 18 July, 2017.
On hearing we came to know there is two options: if we insist judge to proceed the hearing then it will be declined as per SALA reference and second option is that wait SALA reference final conclusion as it is pending in court of appeal.
At this stage i wish reapply rather than to wait the SALA's case outcome. I would like to know from the forum: should i reapply from Pakistan? if yes...! then as we know that EEA regulation has been revised and in clause # 8 of EFM a new point # 7 is added.

"(7) In paragraphs (2) and (3), “relative of an EEA national” includes a relative of the spouse or civil partner of an EEA national where on the basis of being an extended family member a person—

(a)has prior to the 1st February 2017 been issued with—
(i)an EEA family permit;
(ii)a registration certificate; or
(iii)a residence card; and
(b)has since the most recent issue of a document satisfying sub-paragraph (a) been continuously resident in the United Kingdom."

if i reapply for this case then will this new point affect my case? can i reapply in Pakistan beside appeal which is pending in UK? if my case will again rejected by the embassy then will it affect on previous appeal?
Requesting from the forum about their views. thank you.

[Imran_Mushtaq]

Hi everyone,
What is EFMs appeal's status? Is FTT hearing such appeals now a days.
My hearing to be conducted on 26th October. Need your suggestions

[Raja2018]

Hi everyone

I apllied for EFM in May 2015 got refused and appealed agianst the decision was supposed to be heard in feb 2017 (if I am not forgetting the date) by FTT but b.c of SALA was not heard and then I went to UT, In the mean time SALA was turned and UT allowed my hearing and in the hearing send my case back to FTT.

I was heard by FTT two days ago, home office representative was there we didnot had any representative just me and my sponsor brother. The other party brought up everything from last 12 years when I 1st applied for UK visa to till date.

Judge did not allowed me to answer anyting in detail, just yes and no. Home office also brought some bad stuff when I was arrested for accusation of doing work. He also said that the money I reieved back home was for other family members too not only for me. Also asked why I came to this country and wouldn't it be cheaper for my brother to support me back home then here.

I am waiting for the decision but we have very less or almost no hope for approval as the interview was a disaster. I was trying to post my story but was a bit sad now feeling ok. We all should post what happens at the end, but most people only ask questions and don't share information for others so they can get help.

I will post my decision and will only try to answer the questions which I didnot answer here or before in the previous pages so please read the previous msgs of mine from Jan 2018 if you have any question before asking them. Thank you for reading

[kashifsuhail]

hi guys how are you?
i am an extended family member of an eea national.
i had a hearing a week ago.but it was adjourned due to interpreter and home office did not prepare my case.
but the judge said that because my sponsor got eea nationalty after i came in the uk so i dont fall in the regulatio s and my appeal should be dismiss.but my barrister did argue on it and provided a referrence.the judge said he will look at it and he adjourned.
To be honest with you guys i dont think i will win this case.
if any one has his appeal allowed in the same situation please post here in details ..thank you very much

[Shahbazraja786]

Hi my 1st cause refused in 2015 and judge didn't hear my apeal because law had been changed then my 2nd cause was refused November 2017 and applied in 1st tribunal but they dismiss my apeal and then I applied for jr. And then Ok I opened my 1st apeal and uper tribunal refereed me in 1st tribunal about my 1st cause.last week I have received hearing date for February and surprisingly I received another letter for hearing date of my 2nd cause as well.both hearing dates on same date and same time on same address.now I'm confused because I didn't hear anything from jr and they allowed me apeal in 1st tribunal.
What can I do now ?

[kashifsuhail]

Hi everyone

I apllied for EFM in May 2015 got refused and appealed agianst the decision was supposed to be heard in feb 2017 (if I am not forgetting the date) by FTT but b.c of SALA was not heard and then I went to UT, In the mean time SALA was turned and UT allowed my hearing and in the hearing send my case back to FTT.

I was heard by FTT two days ago, home office representative was there we didnot had any representative just me and my sponsor brother. The other party brought up everything from last 12 years when I 1st applied for UK visa to till date.

Judge did not allowed me to answer anyting in detail, just yes and no. Home office also brought some bad stuff when I was arrested for accusation of doing work. He also said that the money I reieved back home was for other family members too not only for me. Also asked why I came to this country and wouldn't it be cheaper for my brother to support me back home then here.

I am waiting for the decision but we have very less or almost no hope for approval as the interview was a disaster. I was trying to post my story but was a bit sad now feeling ok. We all should post what happens at the end, but most people only ask questions and don't share information for others so they can get help.

I will post my decision and will only try to answer the questions which I didnot answer here or before in the previous pages so please read the previous msgs of mine from Jan 2018 if you have any question before asking them. Thank you for reading

hi how are you??
have you received decision from the court?

[Raja2018]

Hi my 1st cause refused in 2015 and judge didn't hear my apeal because law had been changed then my 2nd cause was refused November 2017 and applied in 1st tribunal but they dismiss my apeal and then I applied for jr. And then Ok I opened my 1st apeal and uper tribunal refereed me in 1st tribunal about my 1st cause.last week I have received hearing date for February and surprisingly I received another letter for hearing date of my 2nd cause as well.both hearing dates on same date and same time on same address.now I'm confused because I didn't hear anything from jr and they allowed me apeal in 1st tribunal.
What can I do now ?

I believe judge will ask you which case appeal you want to cobtinue. So think about that before you go there and let us know what happened.

[Raja2018]

Hi, judge told me I will get decision in 2 to 3 weeks. Haven't recieved the decision yet 3 weeks have passed. I will definitely post the decision.

[Shahbazraja786]

Hi, judge told me I will get decision in 2 to 3 weeks. Haven't recieved the decision yet 3 weeks have passed. I will definitely post the decision.

Raja2018 please can u text me on whatsapp if u can.mobile number removed by moderator.thanks

[CR001]

Hi, judge told me I will get decision in 2 to 3 weeks. Haven't recieved the decision yet 3 weeks have passed. I will definitely post the decision.

Raja2018 please can u text me on whatsapp if u can.mobile number removed by moderator.thanks

Do not post personal contact information of any kind on the forum!!!

[Raja2018]

Hi, judge told me I will get decision in 2 to 3 weeks. Haven't recieved the decision yet 3 weeks have passed. I will definitely post the decision.

Raja2018 please can u text me on whatsapp if u can.mobile number removed by moderator.thanks

Shahbazraja you can ask anything here.

[Imran_Mushtaq]

Hi guys
Hope all are fine.
My appeal will be heard on 26 October 2018 but still i have not received the notice / instructions to make the payment of £140 for hearing.
What will be happend if i will not pay the amount before the hearing? Will judge hear my case? Will can i deposit the amount of £140 after my hearing?
Requesting for feedback. Thank you

[Raja2018]

Hi guys
Hope all are fine.
My appeal will be heard on 26 October 2018 but still i have not received the notice / instructions to make the payment of £140 for hearing.
What will be happend if i will not pay the amount before the hearing? Will judge hear my case? Will can i deposit the amount of £140 after my hearing?
Requesting for feedback. Thank you

Same happened with me and they didnot asked for any payment but appeal was heard.

[Shahbazraja786]

Hi guys
Hope all are fine.
My appeal will be heard on 26 October 2018 but still i have not received the notice / instructions to make the payment of £140 for hearing.
What will be happend if i will not pay the amount before the hearing? Will judge hear my case? Will can i deposit the amount of £140 after my hearing?
Requesting for feedback. Thank you

Same happened with me and they didnot asked for any payment but appeal was heard.

Or I think u already have paid your court fee when 1st time ftt logged in your apeal but they didn't hear your apeal same like my apeal and lots of other guys.

[Raja2018]

I was refunded by FTT when they didnot heard my case because of SALA then UT send me back to FTT but no fees was asked.

[Shahbazraja786]

I was refunded by FTT when they didnot heard my case because of SALA then UT send me back to FTT but no fees was asked.

U was lucky because they didn't five me refund

[Imran_Mushtaq]

Hi guys
Hope all are fine.
My appeal will be heard on 26 October 2018 but still i have not received the notice / instructions to make the payment of £140 for hearing.
What will be happend if i will not pay the amount before the hearing? Will judge hear my case? Will can i deposit the amount of £140 after my hearing?
Requesting for feedback. Thank you

Same happened with me and they didnot asked for any payment but appeal was heard.

Or I think u already have paid your court fee when 1st time ftt logged in your apeal but they didn't hear your apeal same like my apeal and lots of other guys.

After the previous visit they refunded the amount into my brother'account.

[Shahbazraja786]

Hi guys
Hope all are fine.
My appeal will be heard on 26 October 2018 but still i have not received the notice / instructions to make the payment of £140 for hearing.
What will be happend if i will not pay the amount before the hearing? Will judge hear my case? Will can i deposit the amount of £140 after my hearing?
Requesting for feedback. Thank you

Same happened with me and they didnot asked for any payment but appeal was heard.

Or I think u already have paid your court fee when 1st time ftt logged in your apeal but they didn't hear your apeal same like my apeal and lots of other guys.

After the previous visit they refunded the amount into my brother'account.

When did u go to the court last time ? I had apeal date October 2016 and now I reopened my apeal and ftt five me date for February 14

[Imran_Mushtaq]

Has anyone received result of hearing?
If yes? What is the feedback?
Thank you

[Raja2018]

Hi, 5 weeks and haven't received a decision from FTT.

[ScottJonesy]

Hi all

This decision is me and my other half - https://www.bailii.org/ew/cases/EWCA/Civ/2018/2378.html

We were told in Court - basically threatened - that they may use other means to deny people after Bangor. The Lords and Lady are clear re that.

The Home Office were absolutely CRUSHED in the RCJ

[Obie]

Hi all

This decision is me and my other half - https://www.bailii.org/ew/cases/EWCA/Civ/2018/2378.html

We were told in Court - basically threatened - that they may use other means to deny people after Bangor. The Lords and Lady are clear re that.

The Home Office were absolutely CRUSHED in the RCJ

This is a good decision. THe Home Office was seeking to rely on a discrete point. That because you partner does not have a residence card issued by the polish authorities, therefore she does not qualify. Unfortunately the court reject that argument.

Very pleased for you. Well done.

[vinny]

This is a good decision. THe Home Office was seeking to rely on a discrete point. That because you partner does not have a residence card issued by the polish authorities, therefore she does not qualify. Unfortunately the court reject that argument.

Very pleased for you. Well done.

Yes. Well done.

The Home Office was clutching at straws on an unsustainable point. They should have known that, as there’s also no such requirement in Regulation 9.

[Obie]

This is a good decision. THe Home Office was seeking to rely on a discrete point. That because you partner does not have a residence card issued by the polish authorities, therefore she does not qualify. Unfortunately the court reject that argument.

Very pleased for you. Well done.

Yes. Well done.

The Home Office was clutching at straws on an unsustainable point. They should have known that, as there’s also no such requirement in Regulation 9.

I am tired of the Home Office always trying to suppress the rights of Individuals. I get upset when i go to the Tribunal, they will not have served any rule 24 notice, and they will start opposing my appeal without any prior notice, such that i will be put in a disadvantage, and then in their own appeal they will complain to the judge that i refused to file rule 24 notice on time, and the Upper Tribunal will try to reprimand me, whiles they get away with murder. Then a silly and baised judge will demand that you watch the tone of your voice when you seek to protest. Absolute travesty.

When i complained the last time, the Judge said, well i must understand that the UKVI is a busy organisation, with many cases to deal with. I find it so insulting, that the judges thinks we are idle people, and therefore need to comply with procedural rule, but Home Office do not need to.

I find it disgraceful that they were given permission to amend, and allowed to raise a point which was not before the FTT or the Upper Tribunal.

I am happy on the subject succeed, but the court should not have allowed them to amend their grounds, and raise point which was not before the court below.

Anyway i am happy that it is now clear that they will not be allowed to refused residence to extended family member on the basis that they never applied for and obtained Residence card in the relationship memberstate.


Of immense interest to me, is the clarification that genuine residence in accordance with Article 7 relates to the British Citizen and not the EEA family member, such that if a family member had resided in the relationship memberstate for few years and the non EEA joined few months. There will not be a requirement for residence of any length for the Non -EEA looks like the regulations will need to be changed.