Live video evidence out of country appeal

[waitingindefinitely]

Hello everyone

We have finally received our hearing date for the end of October this year

My husbands spouse application was refused last December over TOIEC...

Before anyone asks no my husband did not cheat he took the test himself...

We've been informed by our solicitor that my husband will be appearing live on the day of the heating via video link/video conference and will have to give evidence that he took the said English test himself

Does anyone know what to expect as this is the first time I have heard that immigration appeals now allow live video evidence for out of country appeals

[Obie]

TOEIC should not affect spouse application,unless they are invoking 320(11).

I don't think anyone has the right to judge anyone on this forum, so please don't worry no one will make comment to that effect.

[waitingindefinitely]

Good evening Obie thanks for your reply and thanks for your support

Yes unfortunately they have invoked 320(11) ruling, I understand that's deception however I'm just trying to work out how they will conduct a video interview with the rush immigration judges be under, I've never heard of this before

[Obie]

Neither have i, and i have been dealing with Tribunal for a long time now..

The Video link facilities are set up for the bail application.

This is why one of the basis on which certification is usually fought, and which the Supreme court ruled in favour of the appellants in the deportation case, is the fact that an out of country appeal does not give an appellant an opportunity to present their case. If it was the case that video links are available, i would have expected the SSHD to advance that. I have never seen them do so.

[waitingindefinitely]

That's what I assumed too, but solicitor us saying that they have to try and arrange a video link and provide evidence they did so and he also said that if he can't appear by video link then we won't be successful and he won't give us proper information as to what we can expect

It's such a stressful situation I'm in, I haven't seen my husband for over 16 months now I don't think I'll be seeing him now till after our hearing date.

I'm really nervous as to what's going to happen I really can't afford our appeal being refused at the hearing I think it will absolutely break me.

[Obie]

I hope it all goes well for you. Best wishes for the future.

[waitingindefinitely]

Thanks Obie hopefully keep you all updated on what happens