Family immigration matter

[Nickel31266]

Hi my name is Rehman and I’m looking for a sensible answer.
Me and my family came on a visit visa in 2006 and we over stayed
When we came in 2006 I was 11 my other two brothers were 3 and 12 and 3 sisters where 13, 15?and 9
But 2 elder sisters were deported under the wrong decision in 2012 which wasn’t correct therefore In late 2012 we submitted our case for a indefinite but we got a letter from HO after 2 to 3 years that our case has been refused and appealed to FTT but his decision Wasn’t in our favour after that we appealed to the UT and her decision was that “I therefore set aside the decision of the FTT which will be remade in the FTT? Limited to the question whether the little appellant can reasonably be expected to return to Pakistan with the rest of the family members, and if not, what the effect of section 117B(6) is in relation to the rest of the family. All findings of facts and credibility In the FFT decision are preserved.”
We got this decision from UT in mid August 2017 and now it’s november and haven’t received any letter from home office please let me know if they take more than 2 months because usually I heard they take up to 2 months to send you a letter

I’ll be waiting for a reply

Regards
Rehman

[secret.simon]

"I therefore set aside the decision of the FTT which will be remade in the FTT"

It sounds like the UTT judge has passed the case back to the FTT to reassess on one specific point. The UTT judgment references Section 117(B)(6) of the Nationality, Immigration and Asylum Act 2002 and asks the FTT to reassess how that would apply to your youngest brother, who presumably is 14 now and has spent more than seven years in the UK at this point in time.

(6) In the case of a person who is not liable to deportation, the public interest does not require the person’s removal where—

• (a) the person has a genuine and subsisting parental relationship with a qualifying child, and
  (b) it would not be reasonable to expect the child to leave the United Kingdom.

“qualifying child” means a person who is under the age of 18 and who—

• (a) is a British citizen, or
  (b) has lived in the United Kingdom for a continuous period of seven years or more;

You will notice that Section 117B(6) refers to "a genuine and subsisting parental relationship with a qualifying child". It therefore seems to me that the UTT has asked the FTT to look at whether it is reasonable for your 14 year old brother to leave the UK and based on that decision, whether it is necessary to deport your parents.

However, from the specific section of the law referred to by the UTT, I doubt that the final judgment will be favourable to you or any of your siblings who are adults now.

In any case, the case has been remitted to the FTT, which will give a further judgment on this matter. Once that judgment is given, the Home Office may make a further appeal and only then will it write to you. So it may take a few more months of waiting, not just two.

[Nickel31266]

Do you think home office will send us a letter for a FTT hearing or a decision ?