Family Appeal Allowed But Only Main Applicant Was Granted Leave To Remain

[Kandamaya11]

One...HU reference . Only in name of main applicant.
Same with Home office reference.. Just one.

And that's all we have been using throughout our applications and appeal.

Husband and Child have no home office reference. Only wife does.

[Obie]

There should be different HU numbers for all appellant and fees or fee remission ought to have been done for all. All my 7. Year appeal, notice for all appellant, otherwise judge has no jurisdiction.

Concept of dependents do not apply.

[Obie]

Just notice you were a litigant in person. This is why those mistakes were made. I was getting extremely furious. Thought it was a lawyer that messed up like that, coz no competent lawyer should make such mistake.

I understand you were doing things yourself. I only wish judge had informed you, adjourn the proceedings and allowed you to file a late notice seeking extension of time for other appellant.

[Kandamaya11]

Home office is aware there are 3 appellants.
Court is aware there are 3 Appellants.
Fee waiver applied based on asylum support.
How are we responsible for fees paid?

What has fee paid for appeal got to do with Home office grant of leave?
Judge did not award any fee both ways.

There was no issues with notice of appeal before, during and after appeal allowed. Nothing was challenged.

[Obie]

There will be no issue. An appellant is responsible to file notice of appeal. No issue will be raised if an appellant fails to file one. It is the right of the person to file 3 appeals or just 1 appeal, no one can force them to file an appeal if they do not wish to.

If you call tribunal and give that ref. They will say 1 appellant. There can never be 3 appellant under 1 appeal, in my many years of working in this area it has never been the case.

[Kandamaya11]

OK. If there was no notice of appeal for child and husband as you have explained.

How come appeal determination was implemented based on child with no notice of appeal?

[Obie]

The SSHD has power to do anything he wishes. The 1971 acts give her extensive powers. I cannot fetter that power. He can choose to grant registration under 3(1) to child, grant amnesty to you tomorrow. I have no power about that.

In your initial post you said father and child were not issued. So it is strange that child has now been issued, when it was the 2 of you that were not granted.

All I have power to say, is that if a notice was filed for everyone, and home office failed to give effect, then that is unlawful and a person is entitled to take them to court.

[Kandamaya11]

I appreciate your help. Mix up.. Child and husband not issued. What I meant is.. How come they grant to main applicant which is wife... Despite child not given or recognised as having given notice of appeal as you have explained.

Kindly suggest what you think is way forward.

Secondly, could you provide me the exact quote stating that no more than one appellant can be on same notice of appeal.

What are the implications of making new application as they have requested despite having granted leave to main applicant based on child?

If making fresh application, does the child need separate application from that of husband or child could be added as dependant on husband application.
Thanks.

[vinny]

It is only when a case reaches the court of Appeal that only 1-appellant notice can cover all appellants.

Even the Court of Appeal may expect individual notices.

The undertaking has been framed in this form to allow for the possibility that individual notices of appeal are not required, but I have proceeded on the basis that they will be required. But I have also proceeded on the basis that they are before me, that those cases have been listed before me this morning and they were the cases dealt with by Underhill LJ.

[Obie]

I am not sure why the lady justice was saying that. It is the practice of the Court of appeal to receive 1 appellants notice for a whole family and 1 fee charged provided the names of all family member is stated on the appellant notice. That is how I have done it and there has never been an issue.

It may be the lady justice did not see the names of other family members on the appellant notice and then assume that an appellant notice has to be filed for all and fees paid.

But as far as the requirements for fees to be paid for all, that is clearly not my experience at the court of appeal.

[vinny]

Secondly, could you provide me the exact quote stating that no more than one appellant can be on same notice of appeal.

Did the notice satisfy the requirements of 19? Note that the singular noun "appellant" or "person" is used. However, there is an ambiguity in

(b)be signed and dated by the appellant or their representative;

[Yaye]

I quite understand you. This is the first time I will be hearing that appeal needs to be lodge for each applicant separately.

Every appeal we have made had been on a single application. Main applicant and two dependants.

The reason they gave was fee related... stating only main applicant fee was paid. which could have taken by whomever processes fees.

It is not relayed to lodging different notice of appeal forms. Fee could have been taking from main applicants form as you have stated. Because it contains each family members name.

It's just strange,did home office invite to do biometric enrolment to main applicant or including dependants?

[Kandamaya11]

Summary :
Main applicant with dependants applied.
Main applicant with dependants did biometric.
Main applicant with dependants refused.
Main applicant with dependants on allowed appeal determination.
Main applicant and dependants on home office bundle as Appellants.

Only main applicant granted leave. Even the child through which appeal was allowed based on 7 year rule was not granted leave.

Was told to re-apply with husband.

[secret.simon]

Secondly, could you provide me the exact quote stating that no more than one appellant can be on same notice of appeal.

Did the notice satisfy the requirements of 19? Note that the singular noun "appellant" or "person" is used. However, there is an ambiguity in

(b)be signed and dated by the appellant or their representative;

I do not think there is any ambiguity in that, vinny. In this sentence, "their" is likely used as a gender-neutral singular adjective.

[vinny]

Ah, yes. Thank you secret.simon. That explains it then. Unfortunately, no loopholes for the OP.

[Kandamaya11]

I made the application as requested by Case Worker and got my leave within a month.
Guess the request to make a new application was just for paperwork.