Extended family member of EU National judicial review refused

[Zohaibkhan]

Hi i need a urgent help regarding my extended family member of eu national application.i applied my application in jan 2017 and got refused in 4 of july.
The reason of being refused my application is followed.

Your application has been assessed and it has been noted that you have failed to provide a valid passport as evidence of your identity or any valid identity documents for your EEA sponsor.without having sight of a valid passport or national identity card,the Home Office is unable to confirm your EEA national sponsors identities,and as such it is deemed that you have failed to submit sufficient proof of your right to a residence card.
Kindly help me with this refusal

Should I submit a fresh application
Or should i go with judicial review
And what is the chances to win the case in judicial review

Just want to mention here that when I applied fro this application I didn't send my and my sponsor passport i sent only photocopies of passports.


Thanks

[Obie]

You should have sent an original passport or provide reason as to why one cannot be provided?

[Zohaibkhan]

You should have sent an original passport or provide reason as to why one cannot be provided?

My uncle was traveling abroad and my one was near to expire thats why I didn't sned the passport.but i sent the photocopy of passport.
Any suggestions what I should do now

[Obie]

Parhaps a new application. Try and get it right this time.

[Zohaibkhan]

Parhaps a new application. Try and get it right this time.

Let me explain you my situation first.you might be able to advise me correct.
First time I applied my application in September 2013.and got refused because of prior dependency.i appeal and carry on with my case until December 2016 so it's almost 3 years.and every time my appeal dismiss.my case situation is still the same as it was in 2013.
Do you think if i will apply new case home office will again raise the prior dependency issue.
Is this not right to do judicial review.because in court i can provide the passports and i have chance to win the case.
Thanks

[Obie]

I am not sure how your last case was presented.

All i can say is, this recent decision is the only one you can challenge. JR is different from a right of appeal. The court will not be able to substitute their views with that of UKVI.

They will not accept the passport there, but will simply look at whether the UKVI was right to have refused you for failing to provide a passport.

[Zohaibkhan]

I am not sure how your last case was presented.

All i can say is, this recent decision is the only one you can challenge. JR is different from a right of appeal. The court will not be able to substitute their views with that of UKVI.

They will not accept the passport there, but will simply look at whether the UKVI was right to have refused you for failing to provide a passport.

Thanks so much
Really appreciate your help

[bbcuk]

i think you applied for residence card as extended family member of ur uncle as sponsor.
let me explain you briefly that i am writing you and can understand ur situations.
first thing to do is not worry about case as well as may be you will have some choices after my explainations.
this residance card application goes to home office and starts with process such as fee charges 65£ and you recieve a coa which explain a status for few month up to fonal decsion and with coa u recieve also a bio matric letter to submitt finger print and eye scanning in photo for record of home office.

after this there are four stages for process of application for extended family member's
stage 1 identity of eu national plus applicant's
stage 2 relationships between u n soponsor this can be prove through birth certificates.
stage 3 dependency prior to come to uk and after came to uk.
stage 4 criminality cheks offences within the immigration uk or with regilation of eu plus and crimes

so i think answer is clear ur jr can work this time and home office will start again to process on stage 2,3,4 but they trapped u on stage one which u can clear in jr with just proof of ur uncle passport or id card.
so i think answer is on front of u now how ever its food chance for u to make delaye and stay in uk while this case can take long time i personly ask u to add jr as this can leed u for long stay with cases in this and other side eu n uk negiciations can help you but ur case must be entered even new file or with jr. but jr is best for u this time but card will not be granted and home office will take back the case feom judge for further stages . all the best

[Zohaibkhan]

I am not sure how your last case was presented.

All i can say is, this recent decision is the only one you can challenge. JR is different from a right of appeal. The court will not be able to substitute their views with that of UKVI.

They will not accept the passport there, but will simply look at whether the UKVI was right to have refused you for failing to provide a passport.

Hi one last advise if you can help me.in JR Home Office can raise the questions about my previous application which was refused in 2013 because of prior dependency
Thanks

[Zohaibkhan]

i think you applied for residence card as extended family member of ur uncle as sponsor.
let me explain you briefly that i am writing you and can understand ur situations.
first thing to do is not worry about case as well as may be you will have some choices after my explainations.
this residance card application goes to home office and starts with process such as fee charges 65£ and you recieve a coa which explain a status for few month up to fonal decsion and with coa u recieve also a bio matric letter to submitt finger print and eye scanning in photo for record of home office.

after this there are four stages for process of application for extended family member's
stage 1 identity of eu national plus applicant's
stage 2 relationships between u n soponsor this can be prove through birth certificates.
stage 3 dependency prior to come to uk and after came to uk.
stage 4 criminality cheks offences within the immigration uk or with regilation of eu plus and crimes

so i think answer is clear ur jr can work this time and home office will start again to process on stage 2,3,4 but they trapped u on stage one which u can clear in jr with just proof of ur uncle passport or id card.
so i think answer is on front of u now how ever its food chance for u to make delaye and stay in uk while this case can take long time i personly ask u to add jr as this can leed u for long stay with cases in this and other side eu n uk negiciations can help you but ur case must be entered even new file or with jr. but jr is best for u this time but card will not be granted and home office will take back the case feom judge for further stages . all the best

Hi thanks so much for help
The stages which you discribe me.in number 3 stage I don't have proof of prior dependency because i was not old enough to receive the money when i was in back home.my uncle was sending the money to his wife and she was giving the money to my parents by cash in hand.me my uncle and his wife also give oral evidence in court several time but failed.
So my question is if i will go to JR now so do you think Home Office will again raise this issue.as now I don't have any refusal about prior dependency.
And do you think i can get any benefit in negotiations between uk and eu after brexit
Thanks

[Zohaibkhan]

Hi
Thanks for your advice.
Is there any chance i can be deported while my case is in process.
I already apply as a jr.
Thanks

[Zohaibkhan]

Hi i need some help.my application.i applied as a extended family member of my uncle.which was refused 3 months ago with no right of appeal.so I applied for judicial review.but that judicial review is refused too.
Is anyone can give me suggestion that what to do now?
Thanks

[Obie]

Why was the JR refused?

[Zohaibkhan]

because I didn’t provide the identity of my uncle and mine.
The applicant,s grounds of challenge are misconceived.

[Zohaibkhan]

Why was the JR refused?

Can you help me what to do next please
Thanks

[Osafidence]

Hi
Please refer to ur July message when you were advised by Moderator Obie that Jr will not work for you RATHER log a new application and get it right.
Sorry about the Jr outcome.