Help and advice needed my EEA Family Permit revoked

[whatever007]

HELLO EVERYONE

MY EEA FAMILY PERMIT REVOKED AFTER 3 YEARS OF MARRIAGE I ONLY RECIEVED REASON OF REVOCATION NO NOTICE OF DECISION IS SERVED DUE TO THAT I AM UNABLE TO APPEAL FIRST TRIBUNAL SAID WITHOUT A IMMIGRATIION DECISION THERE IS NO APPEAL PENDING REQUEST HOME OFFICE TO SERVE NOTICE OF DECSION BUT THEY ARE LIKE WE ONLY GIVE THIS LETTER AS PER MY UNDERSTANDING THEY SHOULD SERVE ME NOTICE OF DECISION.
AFTER REVOCATION I WAS DIVORCED MY X WIFE WAS EXERCSIING HER TREATY RIGHTS AND DIVORCED HAS BEEN FINALISED I WENT FOR JR BUT JUDGE SAID AS PER UNDERSTANDING YOU HAVE RIGHT OF APPEAL BUT WHY YOU CHOOSE JR REMEDY AND CASE DISMISSED.

Please advise what can I do as HOME PUT ME ON SIGN..............

[Obie]

A revocation is an immigration decision. It is appealabe. A proper notice of decision with a right of appeal should have been given .

[whatever007]

A revocation is an immigration decision. It is appealabe. A proper notice of decision with a right of appeal should have been given .

but home is reluctant to issue me a notice of decision they are like if you need new decision make a new application.......

I received appeal form with reason of revocation and first tribunal didn't consider reason of revocation letter as a immigration decision and I left as a limbo situation don't know what to do now.

[whatever007]

WHAT PLATOFRM I CAN USE NOW ?????

[Obie]

Revocation decision=immigration decision.

You file an appeal notice, and tribunal must accept it, even if there is no notice of decision under the notice regulation.

[whatever007]

Revocation decision=immigration decision.

You file an appeal notice, and tribunal must accept it, even if there is no notice of decision under the notice regulation.

can I go back to tribunal and argue over this also its been a year when tribunal said this is not immigration decision and no appeal pending what remedy I can take your advice will be a life saving

thanks

[Obie]

Did you first appeal to them and they refused to accept it.

Did you have a representative dealing with this case?

[whatever007]

Did you first appeal to them and they refused to accept it.

Did you have a representative dealing with this case?

yes I appeal to first tribunal and they ask for notice of decision my representative advised we only received reason of revocation along appeal form

later we received letter from tribunal saying

notice of appeal where there is no relevant decision etc

decision against which you are seeking to appeal is not one against which there is an exercisable right of appeal to the first-tier tribunal or is one where the notice of appeal falls withine rule 9(1a)(b)of the ASYLUM AND immigration Tribunal procedure rule 2005 accordingly the notice of appeal you have lodged is invalid and the tribunal will take no further action in relation to it.

[Obie]

That decision could have been appealed to the Upper Tribunal. Not sure what your reps did.

[whatever007]

PRELIMINARY ISSUE VALIDITY


THERE IS NO DECISION TO REMOVE WIHTOUT A RELVANT IMMIGRATION DECISION THERE CAN BE NO PENDING APPEAL THE TRIBUNAL IS TO TAKE NO FURTHER ACTION.....

[whatever007]

That decision could have been appealed to the Upper Tribunal. Not sure what your reps did.

I went for JR AND JUDGE SAID I UNDERSTAND YOU HAVE RIGHT OF APPEAL WHY YOU CHOOSE JR REMDY AND REFUSE MY APPLICATION SAYING WITHOUT MERIT NOW WHAT CAN I DO MY REPRESENTATIVE MESS MY CASE NOW I DONT KNOW WHAT TO DO

[Obie]

Because it is a preliminary issue, that decision should have been further challenged and then a final decision on whether to reinstate or not would have been made. If that final decision is adverse, it can be appealed to the UT.

I think your lawyer was inexperience. That was the cause of the problem.. After the preliminary decision , he should have applied again to the FTT . A final decision if adverse , would have been taken forward.

[whatever007]

WHAT CAN I DO NOW ?

[whatever007]

can I write to tribunal ? what option I have now

[Obie]

I am so confused as to why all this has happened, that i am having difficulty giving any advise.

The Judicial review court are entitled to criticise, as someone did something wrong, and home office should have been challenged for failing to comply with the Notice Regulations.

[whatever007]

I am so confused as to why all this has happened, that i am having difficulty giving any advise.

The Judicial review court are entitled to criticise, as someone did something wrong, and home office should have been challenged for failing to comply with the Notice Regulations.

JR UPPER TRIBUNAL COMMENTS

THE APPLICANT SOLICIOTR SRE RIGHT HOWEVER TO CA=LAIM THAT A RIGHT OF APPEAL DID ARISE UNDER REG 26 OF THE IMMIGRATION EEA
A PERSON ENTILEMENT NOT TO HAVE REVOKED A RESIDENCE CARD
WHAT HOWEVER THE APPLICANTS CALIMS ENTIRELY FAILS TO EXPLAIN IS WHY HE HAS NOT EXCERCISED THIS RIGHT OF APPEAK AN OBVIOUS ALETRNATIVE REMEDY TO JUDICAIL REVIEW
THE APPLICATION IS TOTTALLY WITHOUT MERIT

I FAIL TO UNDERSTAND IN BUNDLE ALL LETTER WERE ATTACHED OF FIRST TRIBUNAL JUDGE ALSO EXPLAINED WE DIDNT RECIEVED NOTICE OF DECISION DUE TO THAT UNABLE TO APPEAL

NOW I DONT UNDERSTAND WHAT OPTION I LEFT WITH

[Obie]

Well you have to explain to me, why your lawyer did not tell the tribunal that we indeed exercised a right of appeal, if they did.

Any way I have given my views on this matter. It is not my job to pick up the pieces of your lawyers.

They need to explain why they did not follow the procedures as explained by the Upper Tribunal. If they indeed followed it, why they did not tell the tribunal that they had.

[whatever007]

I understand its not your job to rectify there error but problem is because of there negligence I am suffering and I don't know how exactly I can deal with this matter further as I have already used platform of JR.

[Obie]

I understand its not your job to rectify there error but problem is because of there negligence I am suffering and I don't know how exactly I can deal with this matter further as I have already used platform of JR.

Having made their mistake, they could have sorted it, by reapplying now that you are divorced or going back to the FTT.

Lets hope their mistake don't result in possible enforcement action being initiated against you. All the best.

[vinny]

JR UPPER TRIBUNAL COMMENTS ...

Please don't shout.