**URGENT** Upper tribunal rejected appeal

[Wanderer]

"...Procedural legitimate expectations have been recognized in a number of common law jurisdictions..."

Correct. UK law, well English law, operates on common law (Scottish law is a hybrid of the common and civil legal systems). Indeed, common law is a foundation of English law.

EU law, which is based on civil law, does not have the concept of legitimate expectations or indeed other concepts central to English and common law. I had suggested in another post that you may benefit from understanding the basis of the difference between the civil and common legal systems.

This post on Quora has a very good explanation of the difference in outlook between the two systems.

...the level of abstraction in rules (which entails different ways of looking at facts and applying the law) plays a role in making Common and Civil law different.

As an aside, the idea or notion that there are laws that cannot be modified is anathema to English law. From an English legal point of view (this does not stretch to other common law jurisdictions, though I believe that New Zealand and Israeli law have similar outlooks), Parliament can make and unmake any law that it wishes.

The doctrine of Parliamentary Sovereignty can be summarised as

• Parliament can make laws concerning anything.

• No Parliament can bind a future parliament (that is, it cannot pass a law that cannot be changed or reversed by a future Parliament).

• A valid Act of Parliament cannot be questioned by the courts. Parliament is the supreme lawmaker.

A key English constitutional principle is that "No Parliament can bind its successor". What was granted today can be withdrawn tomorrow and what was made today can be unmade tomorrow. There is no legal restriction on the ability of Parliament to change the law. There are always political considerations, but no legal or constitutional restriction.

I do find it appalling that people born and raised in these isles do not have a fuller understanding of their constitution (or legal system) than me, a migrant.

Similar wth language and grammar, my partner, a migrant knows her subjunctives from her gerunds but Brits in general haven't a clue. Similarly over her I've taken an interest in Irish, not to speak it, just got hooked by the dual language bus stop announcements, but the locals don't care, don'r know their lenition from their eclipsis or what a 'síneadh fada' is...

[mkhan2525]

My wifes application was also refused and we are currently going through the appeal process. HO refused on circumventing UK Immigration rules, centre of life and for not being a qualified person on return although I have met the latter two requirements.

HO just saw a previously refused application under the Immigration rules and just refused on that basis. They didn't bother to look at the other evidence submitted with application. I now have to challenge them on all three conditions of refusal and the latter two don't worry me too much.

[greatscott]

hahaha, seriously, some of you guys are cooked. SecretSimon, you need to go study law, it seems to be in your blood, and Wanderer, wonder no more, you Sir are an English teacher!

Thanks (I think).

[greatscott]

My wifes application was also refused and we are currently going through the appeal process. HO refused on circumventing UK Immigration rules, centre of life and for not being a qualified person on return although I have met the latter two requirements.

HO just saw a previously refused application under the Immigration rules and just refused on that basis. They didn't bother to look at the other evidence submitted with application. I now have to challenge them on all three conditions of refusal and the latter two don't worry me too much.

Let me know how it goes, when are you expecting to go to the tribunal? Did you manage to get 5 years as qualified person after your refusal, or just able to prove it now?

Best of luck.

[Wanderer]

hahaha, seriously, some of you guys are cooked. SecretSimon, you need to go study law, it seems to be in your blood, and Wanderer, wonder no more, you Sir are an English teacher!

Thanks (I think).

Oddly enough my degree is in Law! We did boring stuff though, contract, tort, patent, all business stuff..

I can tell you all there is to know about Memorandum and Articles of Association, Ultra vires, the Cottman vs Brougham clause and something about The Carbolic Smoke Ball company.

That was 1988 though, I remember it well, had to miss a Neil Young gig because of my finals and England lost to the Netherlands 3-1 in the European Championship to a Marco van Basten hat trick. The headline next day in The Sun was 'Van Bastard'.

Things change, but The Sun newspaper doesn't.......

[greatscott]

Oddly enough my degree is in Law!

Can't make it up, just too funny! Mate you are from the land of Obie, if you spot him, please ask him to give us all some sage advice about the current state of Eind.

[Wanderer]

Oddly enough my degree is in Law!

Can't make it up, just too funny! Mate you are from the land of Obie, if you spot him, please ask him to give us all some sage advice about the current state of Eind.

Cheers! i think!

I've lost my depth of knowledge, I came her for advice in 2005 or so, learnt a lot, gave a lot back, but now I've no personal interest I've tended to not keep up, and I'm always getting stuff wrong.

I maybe should retire or stick to playing with money-sapping expensive cars and guitars...

[mkhan2525]

hahaha, seriously, some of you guys are cooked. SecretSimon, you need to go study law, it seems to be in your blood, and Wanderer, wonder no more, you Sir are an English teacher!

Thanks (I think).

Oddly enough my degree is in Law! We did boring stuff though, contract, tort, patent, all business stuff..

I can tell you all there is to know about Memorandum and Articles of Association, Ultra vires, the Cottman vs Brougham clause and something about The Carbolic Smoke Ball company.

That was 1988 though, I remember it well, had to miss a Neil Young gig because of my finals and England lost to the Netherlands 3-1 in the European Championship to a Marco van Basten hat trick. The headline next day in The Sun was 'Van Bastard'.

Things change, but The Sun newspaper doesn't.......

It's funny you should say that. I did a degree in Computer Science but ended up as an IT Engineer - the complete opposite to what I studied.

[mkhan2525]

My wifes application was also refused and we are currently going through the appeal process. HO refused on circumventing UK Immigration rules, centre of life and for not being a qualified person on return although I have met the latter two requirements.

HO just saw a previously refused application under the Immigration rules and just refused on that basis. They didn't bother to look at the other evidence submitted with application. I now have to challenge them on all three conditions of refusal and the latter two don't worry me too much.

Let me know how it goes, when are you expecting to go to the tribunal? Did you manage to get 5 years as qualified person after your refusal, or just able to prove it now?

Best of luck.

We applied for an RC and are still waiting for a hearing date.

[greatscott]

I can't believe there are only 3 of us:
- rhamseye (centre of life)
- mkahn2525 (circumventing)
- greatscott (Eind)

Should we start a thread about S/S refusals since 25 Nov 2016? There must be more than 3 refusals.
And only one is based on Eind law not being recognised.

This whole law change is very, very suspect.

[rahmsye]

Hi I am BC my wife is Non EEA, we are appealing against adecision for a residence card, so we get any proof to say that she is allowed to remain in theUK?

Any help would be appreciated thank you

[alphagear]

Have you appealed to first tier tribunal?

[rahmsye]

Yes we have the first tier tribunal they refused

[alphagear]

Reasons?

Let me guess, centre of life, principal residence and artificial residence?

[CR001]

Topics Merged (click)

[CR001]

Reasons?

Let me guess, centre of life, principal residence and artificial residence?

Have merged topics. OPs case, Eind didn't apply.

[mkhan2525]

Reading the Op's post it seems he was refused for centre of life/integration.

When challenging this ground of refusal one needs to show the Tribunal how it is unlawful. I'm sure the Op will succeed in the Upper Tribunal if this is the reason for refusal.

[rahmsye]

Well the refusal by the lower courts was unusual as the HO provided little evidence. They simply stated that my accommodation was too short only 6 months even though that is the norm in Ireland. Also they said that I could have applied for spousal visa although when my wife applied for visitor visa to attend my graduation the HO in the refusal letter for that stated I should apply for that visa instead making a recommendation. I certainly had the income to do so.

Whats more the judge in his refusal statement for the RC said that he didn't believe that I worked in Ireland even though the HO didn't even refute that. One more point is that the HO painted me as that I was planning on coming back to the UK all along as I prepared the witness statement from my gym and dance classes as a way of evidence but failed to mention to the fact that this was required as part of the family permit which they granted first time applying but then refused the RC

[rahmsye]

Hi I am british my wife is non eea, we applied for a eea RC but got rejected and then appealed to lower tribunal which also got rejected he stated that my centre of life was not transferred even though we got family permit.We went to upper tribunal stating that the judge erred in law which they accepted and the case went to upper tribunal. The upper tribunal stated that the judge did not err in law and that the case to dismiss the appeal stands.

My question is what do I do now, wehave also since the whole process began had a child in the UK recently.

Any help would be appreciated.

[rahmsye]

Can anyone help please?