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Help please - Removal direction after failed Surinder Singh

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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alphagear
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Posts: 277
Joined: Thu Sep 11, 2014 10:33 am

UK residence card refused!

Post by alphagear » Wed Aug 23, 2017 12:16 pm

My appeal has been dismissed for centre of life.

Spent 10 months but dismissed cause i didnt make any friends there and didnt play any sports. Also living in same house that i left before going to ireland.

I clearly told the judge that i had many friends there and i have proof to show it.

The house i live in is owned by 4 people including me. Should i have taken my share before leaving?

Obie, any advice on where to go from here?

I thought article 7 is enough and integration etc is irrelevant in eu law case o and b.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: UK residence card refused!

Post by Obie » Wed Aug 23, 2017 12:34 pm

I have had to split your post.

Please don't post into someone else's thread.

If your appeal is dismissed, you have 14 days to challenge the basis of refusal on the basis of an Error of law.
Smooth seas do not make skilful sailors

alphagear
inactive
Posts: 277
Joined: Thu Sep 11, 2014 10:33 am

Re: UK residence card refused!

Post by alphagear » Wed Aug 23, 2017 12:44 pm

Sorry obie,

Any ideas what error of law there is?

Shall i post the refusal?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: UK residence card refused!

Post by Obie » Wed Aug 23, 2017 12:51 pm

I believe you were represented by counsel? he knows what he submitted in oral submissions and the evidence he advanced.

I think he may be best placed to determine the error in the decision.
Smooth seas do not make skilful sailors

alphagear
inactive
Posts: 277
Joined: Thu Sep 11, 2014 10:33 am

Re: UK residence card refused!

Post by alphagear » Wed Aug 23, 2017 1:41 pm

Thanks obie,

Is it true though that centre of life and integration play no part in eu law?

mkhan2525
Member
Posts: 244
Joined: Thu Sep 11, 2014 9:27 pm
United Kingdom

Re: UK residence card refused!

Post by mkhan2525 » Wed Aug 23, 2017 6:10 pm

Did your representative not alert the judge to the fact that in O&B Netherlands the courts says that genuine residence must be asessed in line with the criteria set out in Article 7 of the Citizens Directive?

alphagear
inactive
Posts: 277
Joined: Thu Sep 11, 2014 10:33 am

Re: UK residence card refused!

Post by alphagear » Wed Aug 23, 2017 6:17 pm

No mention of article 7 in hearing or refusal.

Refusal says i did not give evidence i made any friends. Even though i stated i did and was never asked for evidence.

I did not play any sports.

I did circumvent rules but akrich has to be taken into consideration.

The reasons for refusal are laughable in my opinion. A

tmonaghan
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Posts: 237
Joined: Sat Dec 31, 2016 2:23 pm
Mood:
United Kingdom

Re: UK residence card refused!

Post by tmonaghan » Fri Aug 25, 2017 12:26 pm

alphagear wrote:
Wed Aug 23, 2017 6:17 pm

The reasons for refusal are laughable in my opinion. A
The Home Office has been known to reject cases on the basis that the HO believed that you know too much about the law in that area. It Is frightening to hear when it happens because although you complied with the rules and have a genuine case; it gets thrown out just like that...

alphagear
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Posts: 277
Joined: Thu Sep 11, 2014 10:33 am

Re: UK residence card refused!

Post by alphagear » Fri Aug 25, 2017 2:05 pm

Did not know or mention any law.

Only checked the law after refusal.

We only returned because of birth of child.

alphagear
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Posts: 277
Joined: Thu Sep 11, 2014 10:33 am

Help please - Removal direction after failed Surinder Singh

Post by alphagear » Fri Aug 24, 2018 2:50 pm

Hi guys,

We have today received Red.0001 and Bail conditions after appeal rights exhausted following Surinder Singh.

Appeal was refused due to centre of life etc.

We have now received Red.0001 letter which says removal wont happen in first 7 days and within 3 months.

Reporting in a couple of weeks.

Asked us to make a claim within 10 days but doesnt tell us where to send it.

Cannot see section 120 anywhere.

Just says if 'if you have a legitimate reason for staying based on human rights and have any reasons why you should not be expected to appeal only after you have left the UK, you must inform us as soon as possible ( no later than any claim you are making or within 10 working days of receiving this notice)

We have 2 British children and I am British

Where are we suppose to send the claim or are we suppose to send a Flr Fp application?

alphagear
inactive
Posts: 277
Joined: Thu Sep 11, 2014 10:33 am

Re: Help please - Removal direction after failed Surinder Singh

Post by alphagear » Fri Aug 24, 2018 4:33 pm

Any ideas guys?

Obie?

We received a Bail 201 form and Red.0001 form.

Asks to make human rights claim within 10 working days.

Flr fp application.

I dont see statement of additional grounds anywhere nor where to send a claim to.

alphagear
inactive
Posts: 277
Joined: Thu Sep 11, 2014 10:33 am

Re: Help please - Removal direction after failed Surinder Singh

Post by alphagear » Sat Aug 25, 2018 2:04 am

????

Any ideas?

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