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Judges from First-tier Tribunal have different decision

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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

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cqln
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Judges from First-tier Tribunal have different decision

Post by cqln » Fri Nov 13, 2015 10:47 am

ECO has refused my wife's application as a spouse, reasons include A and B (sorry I don't give the details). She then lodged the appeal to First-tier Tribunal. The Judge from First-tier Tribunal sustained the reason A and said reason B was not material. Because of this, The Jude dismissed the appeal and my wife had to apply for the permission to appeal to the Upper Tribunal.

In the application, my wife mentioned a new court file which can clearly demonstrate that the reason A was not authoritative to her application for the visa. The Judge erred in her appeal. However, she just received the refusal letter from First-tier Tribunal after a long time of waiting. Another Judge heard her appeal and concluded that her appeal was very competently prepared and reason A was proven not material to her visa application. However, reason B was and is still right to refuse her visa application and so her application for permission to appeal to the Upper Tribunal is refused.

Now we are confused. These two Judges surely have different understanding to law but whose judgement should be final? Can a Judge in the same level can overturn another Judge's decision?

Thanks for any replies.

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CR001
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Re: Judges from First-tier Tribunal have different decision

Post by CR001 » Fri Nov 13, 2015 11:05 am

How do you expect anyone to offer advice without knowing what A and B points of refusal are?
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cqln
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Posts: 48
Joined: Thu Feb 28, 2013 3:42 pm

Re: Judges from First-tier Tribunal have different decision

Post by cqln » Fri Nov 13, 2015 11:12 am

CR001 wrote:How do you expect anyone to offer advice without knowing what A and B points of refusal are?
I don't expect anybody to give advise on the reasons, just the question if the second Judge has the right to overturn the previous decision?

Thanks!

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