If the judge misrepresents your grounds

What if you argued points a,b, c but the judge says you argued points x,y,z? That is a clear error of law.

You could apply for permission to appeal and point out the discrepancy.

If you decide to appeal It is super important to understand the grounds you are arguing. It is better to ask the judge for more time than to submit arguments that you don't understand. At the end of the day, anyone can give you advice. If you are going to go through the hassle and stress of appeali...

To sum, if you 1.) Didn't argue you were entitled to residence as a family member, then the judge doesn't have to consider it. 2.) Relied on what Appendix EU says about Zambrano carers, then you were always going to lose because Appendix EU says you should NOT be granted residence due to having lea...

Hi Wishfulgirl, You can see in the example skeleton argument from above, I suggested in January that you should argue for your rights as a family member under the Withdrawal Agreement, for your human rights and more. Did you do that? The judge says you didn't list the Withdrawal Agreement. He also ...

Repost from page 192 Another example NOTE: Please do not copy and paste this example. Just use it as an example. IN THE FIRST-TIER TRIBUNAL (IMMIGRATION & ASYLUM CHAMBER) [/b] BETWEEN: EA/XXXXX/202X [/b] JANE DOE Appellant [/b] and [/b] THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent ...

Repost from page 192 I really feel this appeal is gonna be dismissed because now I am definitely unsure what I am doing...I do really need the help as I am running out of time & would be devastated if the appeal is dismissed because I failed to provide the relevant information to the courts and...

That's what I observed from his decision, I wondered if he decided to just focused on the appeal reason and Home Office refusal decision/ Argument which were all based on Zambrano. @Wishfulgirl, Per your judge: The Appellant’s claim is made as a Zambrano carer seeking reliance under Appendix EU of ...

The appellant is xxxxxxx (the Appellant), date of birth xxxxx she is female and is a citizen of xxxxx. The Appellant’s nationality is accepted. For the reasons that I set out below I have dismissed the Appellant’s appeal. The Appellant’s Immigration History The Appellant says and I accept that she ...

Errors of law - Example (Repost from page 221) 1.) FtT judge X did not consider all the relevant facts and circumstances of my application. The judge failed to recognise the rights afforded to me under the Withdrawal Agreement as the family member of an EU citizen. The rights include the following:...

That's what I observed from his decision, I wondered if he decided to just focused on the appeal reason and Home Office refusal decision/ Argument which were all based on Zambrano. Are you sure you posted the FtT judge's entire decision? Seems a bit short. Let's recap two points from yesterday. One...

Your First-tier Tribunal judge did not properly engage with your arguments around being an EU family member. Your judge didn't seem to acknowledge your rights under the Withdrawal Agreement....That's a pretty big error of law. Even if you 'win' at the Upper Tribunal, there is a chance your appeal i...

Begum: Your appeal can be remitted or retained If you are granted permission to appeal, the Upper Tribunal judge can - rule against you - rule in your favour - send the case back to the First-tier Tribunal Begum (Remaking or remittal) Bangladesh [2023] UKUT 00046 (IAC) https://tribunalsdecisions.se...

But I understand what your saying fully, I’ll refrain from engaging in the future. I think that would be a wise move, indeed. Another thing you said that struck me - You will find a 'competent' solicitor. How does one know any given professional is competent? Often not until it is too late. However...

Repercussions Let's say you have an appeal pending against the Home Office. You just lost at the First-tier Tribunal and you have the option to apply for permisison to appeal. You ask the Home Office Legal Department to work with you anyway to resolve the situation. Let's say you call the EUSS Cont...

Wishfulgirl wrote: ↑

Tue Jul 11, 2023 6:33 pm

You’ve been a gem here on this forum for the past few months.

I have been commenting for more than a few months, but I get your point. Onward and upward!

Wishfulgirl wrote: ↑

Tue Jul 11, 2023 5:55 pm

Hi Wishfulgirl, Sounds like a plan. I hope someone can help you file for permission to appeal by the deadline.

Legal Etiquette Whenever you sue an organisation, all further communication should go through their legal department. It's not the done thing to start legal action be provided with contact information for the legal representatives and then go behind the legal representatives. Just FYI. If you want ...

And it looks like I can make an application for retained rights, she advised I get a solicitor....She did say in order to apply, I'd need to cancel my zambrano administrative review first. Fantastic news, Wishfulgirl! I agree you are definitely entitled to settlement. The Home Office legal team sho...

The difference between me and a lawyer I am here to understand why Zambrano carers as a group are treated so differently and we reached this place. I am interested in the failings in the institutions and support mechanisms that led to 7 years of wrong policy. An immigration lawyer will look at what...

I haven't slept since Friday evening I'm now going 4 days without sleep, that's how fragile my mental health currently is. Hi Wishfulgirl, A direct access barrister may not be your best option as they are often short on time. I get the impression you need someone who is patient and a good communica...

What is an error of law?(Repost from page 204) https://tribunalsdecisions.service.gov.uk/utiac/aa-09484-2014 If you lose at the First-tier Tribunal, you may want to use these reasons to appeal to the Upper Tribunal: Background: She applied for a residence card on 1st March 2013. She claimed asylum ...

Appeal to the Upper Tribunal (UTIAC) on a point of law (Repost) An appeal on a point of law could include any ground of challenge that would be available in an application for judicial review. You may want to challenge the First-tier Tribunal judge if their decision: ignores relevant factors takes ...

Suggestion: Errors of Law Spreadsheet (Repost) If you are appearing in person, you may not want to rely on your memory to remember all of the errors of law. Instead, create a spreadsheet with a table. The table can have two columns and several rows. Each row can contain an error of law and space be...

Errors of law: Findings of fact (Repost) An error of law is an error made by a judge that caused the judge to rule against you. Perhaps the easiest error of law for a litigant in person to detect, is the failure to find a fact. Not just any fact, however. The fact that the judge fails to recognise ...

Errors of Law according to ChatGPT Model: Default (GPT-3.5) ChatGPT prompt "What are the errors of law a UK immigration judge can make?" UK immigration judges are expected to apply the law correctly and make decisions based on the evidence and legal principles relevant to each case. Error...