Flr (fp) on the basis of British Child

[minhas23]

sorry open link below

general-uk-immigration-forum/asylum-fre ... h%20asylum

Thank You Munirabid cheers

[yarab]

Just to Help Other Members maybe it will be useful for some going to face Firt tier Tribunal

Line to Line from Decision 

Judge Finding 

The First Question to consider is whether there is Family life. I accepted the appellant has family life with his six month old son. The evidence from the appellant and his Partner which i accepted is that they currently live separately but he sees his son daily and aids his partner for both herself and their son. HO Rep conceded that Both section 117b(6) of the 2002 act and respondent's August 2015 policy of British children applied.

I accept that it would not be reasonable to ask the appellant's child and mother to leave this country but whilst i accepted the appellant has a genuine and subsisting relationship with his son and that is a significant factor to have regard to it is nevertheless not the only factor.

The duty in section 55 of 2009 act to have regard to the need to safeguard and promote the welfare of children who are in the UK means that consideration of the child's best interests is a primary consideration in immigration cases.

The appellant provides support to her partner who had a difficult time after the pregnancy with an infection and he submits that there is very close bond between himself and his son.

The appellant spoke English and told me that if he was able to obtain employment he would seek to obtain employment as ......... however it goes without saying that the appellant has never been able to demonstrate any financial independence and his whole life here started whilst he was here unlawfully.

The Fact the appellant has a genuine and subsisting relationship with his son , backed up by a court order is a significant factor that i have to take into account but as i stated above the mere fact that child is British does not mean as appeal automatically succeed.


I am satisfied of the child as British citizen is to remain in UK but the appellant is not the primary carer. Whilst i accept the appellant sees his son regularly it seems that his Partner who takes child to appointment and looks after him at night (here judge totally disregarded evidence red book and Dr appointments where they states they sees Child with Dad and mum )

The appellant has not charged with any criminal offences and has no criminal convictions. Ho Rp argued that appellant has a very poor immigration history and pointed to the fact that when he entered the country he did not tell the truth. The appellant by virtue of that deception and by reason of his failed applications has never been here lawfully.


Taking all these factors into account and whilst i attach significant weight to the evidence i have heard about his level of involvement with his son i nevertheless conclude that immigration control is in the public interest and it would not on the facts of this case be disproportionate to remove him.

I dismiss the appellant appeal on Human rights Grounds..


End off

Hello minhas ,

What does that mean then ???
U seeing ur son daily basis and they confirmed u have parental responsibility and u have a strong relation with your son and they agree about all of that which is great..

What does that mean
I dismiss the appellant on human rights ground??
Does that mean they refused you again ?
So what r you doing to do now ??
Was the main reason because you had poor immigration history or what?
Iam bit confused really of this decision and I can't understand it .
Will be great if you can explain

[minhas23]

Just to Help Other Members maybe it will be useful for some going to face Firt tier Tribunal

Line to Line from Decision 

Judge Finding 

The First Question to consider is whether there is Family life. I accepted the appellant has family life with his six month old son. The evidence from the appellant and his Partner which i accepted is that they currently live separately but he sees his son daily and aids his partner for both herself and their son. HO Rep conceded that Both section 117b(6) of the 2002 act and respondent's August 2015 policy of British children applied.

I accept that it would not be reasonable to ask the appellant's child and mother to leave this country but whilst i accepted the appellant has a genuine and subsisting relationship with his son and that is a significant factor to have regard to it is nevertheless not the only factor.

The duty in section 55 of 2009 act to have regard to the need to safeguard and promote the welfare of children who are in the UK means that consideration of the child's best interests is a primary consideration in immigration cases.

The appellant provides support to her partner who had a difficult time after the pregnancy with an infection and he submits that there is very close bond between himself and his son.

The appellant spoke English and told me that if he was able to obtain employment he would seek to obtain employment as ......... however it goes without saying that the appellant has never been able to demonstrate any financial independence and his whole life here started whilst he was here unlawfully.

The Fact the appellant has a genuine and subsisting relationship with his son , backed up by a court order is a significant factor that i have to take into account but as i stated above the mere fact that child is British does not mean as appeal automatically succeed.


I am satisfied of the child as British citizen is to remain in UK but the appellant is not the primary carer. Whilst i accept the appellant sees his son regularly it seems that his Partner who takes child to appointment and looks after him at night (here judge totally disregarded evidence red book and Dr appointments where they states they sees Child with Dad and mum )

The appellant has not charged with any criminal offences and has no criminal convictions. Ho Rp argued that appellant has a very poor immigration history and pointed to the fact that when he entered the country he did not tell the truth. The appellant by virtue of that deception and by reason of his failed applications has never been here lawfully.


Taking all these factors into account and whilst i attach significant weight to the evidence i have heard about his level of involvement with his son i nevertheless conclude that immigration control is in the public interest and it would not on the facts of this case be disproportionate to remove him.

I dismiss the appellant appeal on Human rights Grounds..


End off

Hello minhas ,

What does that mean then ???
U seeing ur son daily basis and they confirmed u have parental responsibility and u have a strong relation with your son and they agree about all of that which is great..

What does that mean
I dismiss the appellant on human rights ground??
Does that mean they refused you again ?
So what r you doing to do now ??
Was the main reason because you had poor immigration history or what?
Iam bit confused really of this decision and I can't understand it .
Will be great if you can explain

Hi Yarab
Yes they Refused my appeal on the basis or according to them i didnt tell the truth on arrival at airport that im not going back so i have a very poor immigration history other side they accepted all my positive points but on this issue it was refused .
but dont worry i think i was the unlucky person because they dont refuse normaly on this ground to many people so dont lose hope
Regards

[yarab]

Just to Help Other Members maybe it will be useful for some going to face Firt tier Tribunal

Line to Line from Decision 

Judge Finding 

The First Question to consider is whether there is Family life. I accepted the appellant has family life with his six month old son. The evidence from the appellant and his Partner which i accepted is that they currently live separately but he sees his son daily and aids his partner for both herself and their son. HO Rep conceded that Both section 117b(6) of the 2002 act and respondent's August 2015 policy of British children applied.

I accept that it would not be reasonable to ask the appellant's child and mother to leave this country but whilst i accepted the appellant has a genuine and subsisting relationship with his son and that is a significant factor to have regard to it is nevertheless not the only factor.

The duty in section 55 of 2009 act to have regard to the need to safeguard and promote the welfare of children who are in the UK means that consideration of the child's best interests is a primary consideration in immigration cases.

The appellant provides support to her partner who had a difficult time after the pregnancy with an infection and he submits that there is very close bond between himself and his son.

The appellant spoke English and told me that if he was able to obtain employment he would seek to obtain employment as ......... however it goes without saying that the appellant has never been able to demonstrate any financial independence and his whole life here started whilst he was here unlawfully.

The Fact the appellant has a genuine and subsisting relationship with his son , backed up by a court order is a significant factor that i have to take into account but as i stated above the mere fact that child is British does not mean as appeal automatically succeed.


I am satisfied of the child as British citizen is to remain in UK but the appellant is not the primary carer. Whilst i accept the appellant sees his son regularly it seems that his Partner who takes child to appointment and looks after him at night (here judge totally disregarded evidence red book and Dr appointments where they states they sees Child with Dad and mum )

The appellant has not charged with any criminal offences and has no criminal convictions. Ho Rp argued that appellant has a very poor immigration history and pointed to the fact that when he entered the country he did not tell the truth. The appellant by virtue of that deception and by reason of his failed applications has never been here lawfully.


Taking all these factors into account and whilst i attach significant weight to the evidence i have heard about his level of involvement with his son i nevertheless conclude that immigration control is in the public interest and it would not on the facts of this case be disproportionate to remove him.

I dismiss the appellant appeal on Human rights Grounds..


End off

Hello minhas ,

What does that mean then ???
U seeing ur son daily basis and they confirmed u have parental responsibility and u have a strong relation with your son and they agree about all of that which is great..

What does that mean
I dismiss the appellant on human rights ground??
Does that mean they refused you again ?
So what r you doing to do now ??
Was the main reason because you had poor immigration history or what?
Iam bit confused really of this decision and I can't understand it .
Will be great if you can explain

Hi Yarab
Yes they Refused my appeal on the basis or according to them i didnt tell the truth on arrival at airport that im not going back so i have a very poor immigration history other side they accepted all my positive points but on this issue it was refused .
but dont worry i think i was the unlucky person because they dont refuse normaly on this ground to many people so dont lose hope
Regards

It's a shame really they refused you because of just poor immigration although u have son here that u have access to him.
I really thought u have a good case to argue,
I was so upset for you all day today mate ,
So what are you going to do now ?
What is your next step ?

[minhas23]

Just to Help Other Members maybe it will be useful for some going to face Firt tier Tribunal

Line to Line from Decision 

Judge Finding 

The First Question to consider is whether there is Family life. I accepted the appellant has family life with his six month old son. The evidence from the appellant and his Partner which i accepted is that they currently live separately but he sees his son daily and aids his partner for both herself and their son. HO Rep conceded that Both section 117b(6) of the 2002 act and respondent's August 2015 policy of British children applied.

I accept that it would not be reasonable to ask the appellant's child and mother to leave this country but whilst i accepted the appellant has a genuine and subsisting relationship with his son and that is a significant factor to have regard to it is nevertheless not the only factor.

The duty in section 55 of 2009 act to have regard to the need to safeguard and promote the welfare of children who are in the UK means that consideration of the child's best interests is a primary consideration in immigration cases.

The appellant provides support to her partner who had a difficult time after the pregnancy with an infection and he submits that there is very close bond between himself and his son.

The appellant spoke English and told me that if he was able to obtain employment he would seek to obtain employment as ......... however it goes without saying that the appellant has never been able to demonstrate any financial independence and his whole life here started whilst he was here unlawfully.

The Fact the appellant has a genuine and subsisting relationship with his son , backed up by a court order is a significant factor that i have to take into account but as i stated above the mere fact that child is British does not mean as appeal automatically succeed.


I am satisfied of the child as British citizen is to remain in UK but the appellant is not the primary carer. Whilst i accept the appellant sees his son regularly it seems that his Partner who takes child to appointment and looks after him at night (here judge totally disregarded evidence red book and Dr appointments where they states they sees Child with Dad and mum )

The appellant has not charged with any criminal offences and has no criminal convictions. Ho Rp argued that appellant has a very poor immigration history and pointed to the fact that when he entered the country he did not tell the truth. The appellant by virtue of that deception and by reason of his failed applications has never been here lawfully.


Taking all these factors into account and whilst i attach significant weight to the evidence i have heard about his level of involvement with his son i nevertheless conclude that immigration control is in the public interest and it would not on the facts of this case be disproportionate to remove him.

I dismiss the appellant appeal on Human rights Grounds..


End off

Hello minhas ,

What does that mean then ???
U seeing ur son daily basis and they confirmed u have parental responsibility and u have a strong relation with your son and they agree about all of that which is great..

What does that mean
I dismiss the appellant on human rights ground??
Does that mean they refused you again ?
So what r you doing to do now ??
Was the main reason because you had poor immigration history or what?
Iam bit confused really of this decision and I can't understand it .
Will be great if you can explain

Hi Yarab
Yes they Refused my appeal on the basis or according to them i didnt tell the truth on arrival at airport that im not going back so i have a very poor immigration history other side they accepted all my positive points but on this issue it was refused .
but dont worry i think i was the unlucky person because they dont refuse normaly on this ground to many people so dont lose hope
Regards

It's a shame really they refused you because of just poor immigration although u have son here that u have access to him.
I really thought u have a good case to argue,
I was so upset for you all day today mate ,
So what are you going to do now ?
What is your next step ?

Thank You Yarab for your concerns
I've applied to Upper Tribunal its been 4 weeks now but didn't hear anything since yet. I know another person whom case was also rejected by first tier Tribunal and he applied to Upper but he got rejection letter with in 2 week but mine still pending
Lets see whats next in my case my Elder son is also completing his 7 year on 3rd of April so i might be able to fight on this ground as well in upper tribunal

[Obie]

No new issues can be raised with Upper Tribunal.

Upper Tribunal only deals with Error of law.

[minhas23]

No new issues can be raised with Upper Tribunal.

Upper Tribunal only deals with Error of law.

Oh Ok some one Told me you can add new eviden e at hearing because at first hearing we did mention about elder son 7 years going to complete and did sumbit some Papers as well Even HO rep asked me Question about Elder son like he has contact with anyone back home i said no hes busy now here with friends and collage etc

What do you think "Obie" if i submit 7 year route fresh application ? But to be honest atm im expecting a Big NO from them
Regards

[minhas23]

And Do you think Obie there is any error of low in previous Decision?

[yarab]

Hello minhas ,

What does that mean then ???
U seeing ur son daily basis and they confirmed u have parental responsibility and u have a strong relation with your son and they agree about all of that which is great..

What does that mean
I dismiss the appellant on human rights ground??
Does that mean they refused you again ?
So what r you doing to do now ??
Was the main reason because you had poor immigration history or what?
Iam bit confused really of this decision and I can't understand it .
Will be great if you can explain

Hi Yarab
Yes they Refused my appeal on the basis or according to them i didnt tell the truth on arrival at airport that im not going back so i have a very poor immigration history other side they accepted all my positive points but on this issue it was refused .
but dont worry i think i was the unlucky person because they dont refuse normaly on this ground to many people so dont lose hope
Regards

It's a shame really they refused you because of just poor immigration although u have son here that u have access to him.
I really thought u have a good case to argue,
I was so upset for you all day today mate ,
So what are you going to do now ?
What is your next step ?

Thank You Yarab for your concerns
I've applied to Upper Tribunal its been 4 weeks now but didn't hear anything since yet. I know another person whom case was also rejected by first tier Tribunal and he applied to Upper but he got rejection letter with in 2 week but mine still pending
Lets see whats next in my case my Elder son is also completing his 7 year on 3rd of April so i might be able to fight on this ground as well in upper tribunal

I really wish you a good luck mate .
Thinking about you and everyone in this situations .
I knew that my flr fp been void because they said I can't make in country application because I have been refused entry visa which is bit confusing for me but they still considering my position based on one stop representation or section 120 so they still looking at it .
And the family court received a letter from border force asking them about my next hearing in my family case and what is the outcome which gave me a bit of hope they still looking at my position and they said they will answer me as soon as they make a decision so hopefully I will hear soon from them . But my family case hearing is not untill the end of next month .

Let's hope all of us get sorted and I think minhas you will get there with your fight .
My heart with you and I hope we can hear food news for u soon

[minhas23]

Hi Yarab
Yes they Refused my appeal on the basis or according to them i didnt tell the truth on arrival at airport that im not going back so i have a very poor immigration history other side they accepted all my positive points but on this issue it was refused .
but dont worry i think i was the unlucky person because they dont refuse normaly on this ground to many people so dont lose hope
Regards

It's a shame really they refused you because of just poor immigration although u have son here that u have access to him.
I really thought u have a good case to argue,
I was so upset for you all day today mate ,
So what are you going to do now ?
What is your next step ?

Thank You Yarab for your concerns
I've applied to Upper Tribunal its been 4 weeks now but didn't hear anything since yet. I know another person whom case was also rejected by first tier Tribunal and he applied to Upper but he got rejection letter with in 2 week but mine still pending
Lets see whats next in my case my Elder son is also completing his 7 year on 3rd of April so i might be able to fight on this ground as well in upper tribunal

I really wish you a good luck mate .
Thinking about you and everyone in this situations .
I knew that my flr fp been void because they said I can't make in country application because I have been refused entry visa which is bit confusing for me but they still considering my position based on one stop representation or section 120 so they still looking at it .
And the family court received a letter from border force asking them about my next hearing in my family case and what is the outcome which gave me a bit of hope they still looking at my position and they said they will answer me as soon as they make a decision so hopefully I will hear soon from them . But my family case hearing is not untill the end of next month .

Let's hope all of us get sorted and I think minhas you will get there with your fight .
My heart with you and I hope we can hear food news for u soon

Bless You Mate

Lets pray for everyone whos suffered same situation.
Regards

[Obie]

And Do you think Obie there is any error of low in previous Decision?

In terms of Article 8, the law says provided a judge takes all relevant matter into account, he or she is entitled to accord appropriate weight to them as they wish.

In your case the judge appear to have taken all matters into consideration. However there seem to be an error in relation to the question of whether it is reasonable for a child you have a genuine an subsisting relationship with to accompany you, and that is where the judge erred slightly, as he or she found it will not be reasonable and that the child will be with his mother, but that is not the statutory test or question.

I did advise to wait until the other child is 7, but you went your solicitors way i guess. Best wishes for the future.

[minhas23]

And Do you think Obie there is any error of low in previous Decision?

In terms of Article 8, the law says provided a judge takes all relevant matter into account, he or she is entitled to accord appropriate weight to them as they wish.

In your case the judge appear to have taken all matters into consideration. However there seem to be an error in relation to the question of whether it is reasonable for a child you have a genuine an subsisting relationship with to accompany you, and that is where the judge erred slightly, as he or she found it will not be reasonable and that the child will be with his mother, but that is not the statutory test or question.

I did advise to wait until the other child is 7, but you went your solicitors way i guess. Best wishes for the future.

Thank You Obie

Yes i went as per my Solicitors way Because they Believed in this Case ive more solid grounds but on 7 year route there is another Good chance. I am stuck in middle if i continue with UT or withdraw and submit on 7 year .

[Obie]

I see. I think he will guide you moving forward.

Best wishes for the future.

[minhas23]

I see. I think he will guide you moving forward.

Best wishes for the future.

Thank You Very Much Obie

[minhas23]

I see. I think he will guide you moving forward.

Best wishes for the future.

Hi Obie

Sorry to Bothered You just spoke to a friend and he said Courts has a power to act on as HO i dont know what that means but he referes SM Afghanistan Case. do you have any idea about this ?
its about when UT will hear this case i can include 7 year Child route too .

[munirabid]

if UP court found error of law and so if judge decide to hear your Appeal fresh again then you are able to put New evidence .

[minhas23]

if UP court found error of law and so if judge decide to hear your Appeal fresh again then you are able to put New evidence .

Thank you MunirAbid

[minhas23]

****UPdate****

Permission from UTT has been Granted against FTT Decision today Dont know how long they will take to Hear but Good thing is in permission Judge States there is error in Previous Decision ...

[yarab]

****UPdate****

Permission from UTT has been Granted against FTT Decision today Dont know how long they will take to Hear but Good thing is in permission Judge States there is error in Previous Decision ...

Good news mate
Hopefully it will work better for you now

[minhas23]

****UPdate****

Permission from UTT has been Granted against FTT Decision today Dont know how long they will take to Hear but Good thing is in permission Judge States there is error in Previous Decision ...

Good news mate
Hopefully it will work better for you now

Hi Yarab
Thank you very much you are always kind andn hope you doing good too
Best Regards

[minhas23]

Update

Hello EveryOne hope all is good at your part
just an update from my side
i applied for premission to Uper Tribunal which were granted 3 months back and this month july 9th had hearing in UTT
both sides argue on error of law and to be honest i was not hopeful because the judge was more on HO side today i received the decision by post
Judge has Set Aside previous Decision and made fresh decision and allowed my appeal
biggest day in my life but still bit worried if HO appeal to Court of appeal or not but still first happinens since im struglling in courts
thanks every one who ever prayed for me wish you all the best everyone

Best Best Regards

[minhas23]

Hi
Another update
went on reporting today and the lady at counter Congradulate me and said you dont need to come again your visa has been granted and hopefuly you will get everything via post

Thats Biggest Moment for me since 7 years wishing for everyone in same Condition
Good Luck

[yankeedudu11]

Hi
Another update
went on reporting today and the lady at counter Congradulate me and said you dont need to come again your visa has been granted and hopefuly you will get everything via post

Thats Biggest Moment for me since 7 years wishing for everyone in same Condition
Good Luck

Big congratulations to you!!! I have been reading your post since last year, even when you and Obbie seemed to disagree you kept going. You are indeed a fighter. God bless you and enjoy your freedom

[minhas23]

Hi
Another update
went on reporting today and the lady at counter Congradulate me and said you dont need to come again your visa has been granted and hopefuly you will get everything via post

Thats Biggest Moment for me since 7 years wishing for everyone in same Condition
Good Luck

Big congratulations to you!!! I have been reading your post since last year, even when you and Obbie seemed to disagree you kept going. You are indeed a fighter. God bless you and enjoy your freedom

Aww So Sweet of you Made my day grateful Yankee And Amen for your prays May God Help Every one
Very Best Regards

[yarab]

Hi
Another update
went on reporting today and the lady at counter Congradulate me and said you dont need to come again your visa has been granted and hopefuly you will get everything via post

Thats Biggest Moment for me since 7 years wishing for everyone in same Condition
Good Luck

Really happy for you mate ,
What a long journey .
Well done