SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

[eeaprneu2]

Great stuff. Next I am hoping is Lounes where the ECJ would put the Home Secretory back in her place.

[atikhonee]

Hi
I applied for my wife UKRC on 25th April 2017 using surinder Singh route. But i got refusal with no right of appeal due to that Sala . The time i submit my application i wasn’t married now after this good news, what you guys think i should do ?
Thanks

[vinny]

Hi
I applied for my wife UKRC on 25th April 2017 using surinder Singh route. But i got refusal with no right of appeal due to that Sala . The time i submit my application i wasn’t married now after this good news, what you guys think i should do ?
Thanks

Different wife?

[eeaprneu2]

@Obie @Vinny

Do you guys have any idea how long would it take UKBA to update their guidance for ECOs?

https://www.gov.uk/government/publicati ... -nationals

Just curious how is this update passed on to ECOs.

[bbcuk]

its great news i was applied efm but refused in september 2016 with sala objection so applied again and was refused wothout sala so this time i want to send third efm card a pllicatiom os is this possible that i will hv a appeal in efm if i will refused? i have issues in dependency please any one confirm me that did any one get appeals after won sala case in court of appeal or its is confiremd that after this appeals are opend now ? yet no update from home office so how we will know this . thank you

[malik0543]

I think you can file appeal, i know you dont have right of appeal however you can still file an appeal and mention about new case ( Court of Appeal) and they will hold appeal until and full judgement will handover.

[bbcuk]

thank but please confirm is there any judgement behind i mean that any sala's case pending ? i have sent third file for efm and coa has arrived also bio matric submitted. i need to file this case lengthy. is there any way to solve this case easily,?

[malik0543]

HI

what is your case, pls provide little more details.

[bbcuk]

malik 543 read my case bbcuk blog in this post on end of page 8.

[Obie]

Court of Appeal ruled that sala was wrongly decided.

Decision out.

https://lawmostly.com/wp-content/upload ... nded-3.pdf

[bbcuk]

plz tell is there option in efm appeal if refuse in tesidance card now ? i know sala was decided wrong.but what is new for applicant who making new files

[vinny]

Righting a wrong wrought by the Upper Tribunal:Court of Appeal decides Sala was wrongly decided
Sala overturned in the Court of Appeal – judgment published > Khan v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1755 (09 November 2017)

[bbcuk]

to vinny and other

please confirm now will applicant have right
of appeal in efm eu applicantions?

i was refused with sala reference in my previous applicantion as eu efm and no appeal right were given,
my new eu efm application is with home office
so please confirm will i have to wait for decision from home office or i will have to rewite to tirbunal for sala is successful, or with this my new application of efm i will have appeal rights if i refuse? answer me plez all these link are in official words not helping in clear words. thanks to all.

[Obie]

The effect of Sala is that all those who received a decision before the 31-01-2017 are able to challenge the decision of the Home Office with the Tribunal. The fight will continue for those whose decision is dated after the 31-01-2017, as there was a legislative change, so the situation is much harder, a person will need to prove that the legislation is ultravires, or the basis for the distinction does not exist in light of the decision of the Court of Appeal.

[bbcuk]

obie
so u cleared mind to efm that all now can appeal new are old . Thanks

[Star in sky]

Hi everyone,

I made my first application as an extended family member in 2016 which was refused and no right of appeal was given due to Sala. I made my second application in july 2017 and got refused after Sala case is overturned. HO did not give me right of appeal. What options do I have now. Could anyone help me out. Thanks

[bbcuk]

to star and sky

you can send a appeal form to first teir tirbunal without fee and if a judge will find u r right he will add ur appeal and they will write you to pay a fee whoch is normally 80 and 140.


on other hand you can third time apply with this but may be you will hv positive result with grant a card or an appeal.

add a appeal in court and apply an other file with home office can be done same time but if you find ur appeal is added u can withdraw third file from home office or if tirbunal do not get judiction again this time so ur file will be already in home office. it is informed to you that chances in these days are more positive from home office that they r giving working coa to all after sala returned and stay hopeful with this. thanks

[Obie]

As things stand, only if the decision was made before the 01-02-2017, will you have the opportunity to appeal

[Star in sky]

Hi everyone,

I made my first application as an extended family member in 2016 which was refused and no right of appeal was given due to Sala. I made my second application in july 2017 and got refused after Sala case is overturned. HO did not give me right of appeal. What options do I have now. Could anyone help me out. Thanks

[bbcuk]

star in sky
send a appeal with old refusal to teirbunal and open ur appeal

[Star in sky]

I have appealed in court. Court sent me a acknowledgment letter. I don't know what's next

[bbcuk]

star in sky

now a judge will look on ur appeal and will decide that has court power to hear hear this
case which is called jurisdiction. if yes than they will write you letter for further that wait more ur listed case final hearing date will be told u later and during this perioed judge will inform to home office give visa or i will have to start this case and after home office response to court that they r giving or not giving court will write you that u r granted no appeal will be listed for further or will give you a date to hear both sides. this all can take to 6 to 10 months. Good luck if ur appeal u sent within regulation 2016 than this will work of after 2016 than its difficult to add ur case.

[Star in sky]

My solicitor has qouted both of my refusals. My first refusal is under regulation 2016. I have to wait for outcome of this whole process. Hope for the best and ready for the worst. Thanks for your helpful information

[bbcuk]

sorry srar in sky

if sala was mentiond and refused with regulation 2006 than case will be listed in court also all mess was due to uper tirbunal se case can be refer to uper tirbunal too directly.
with regulation 2016 no appeal will be listed.
but u addedd both se u will hv positve sign. u can also call to court for update while to ask lawer that always in atitude. so directly u can know every thing dont wait for letter just, call wvery few days to them 0300 123 1711 i am here i will help u how to deal even u get illeagal

[Obie]

The supreme court will be reconvening to hear the SM(Algeria) case, and they want to hear the Sala Matters aswell.

The Court of Appeal has allowed the Sala appeal but they have not remitted the case to the Upper Tribunal. The Home office was also refused permission to appeal.

We will see what the Supreme Court says.

It appears the Supreme court is minded to make a reference to the CJEU, for reasons unrelated to the Sala matters.