SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

[Star in sky]

Just to update. My solicitor did not mention my first refusal in grounds. He said grounds are for appeal to be heared once listed for hearing then we will add first application reference. Confusing me know

[Shahbazraja786]

Hi I need some help if anyone can please.1st time I applied in 2015 for efm nd refused and court informed for hearing 17 Oct 2016.but when I attended court judge said sory I cnt follow ur cause due to no rite of apeal.then I applied again 2017 jully.but they refused my cause again.so wats next.can I use my old apeal right or I need to apply for new cause,s apeal.

[eeaprneu2]

Hi I need some help if anyone can please.1st time I applied in 2015 for efm nd refused and court informed for hearing 17 Oct 2016.but when I attended court judge said sory I cnt follow ur cause due to no rite of apeal.then I applied again 2017 jully.but they refused my cause again.so wats next.can I use my old apeal right or I need to apply for new cause,s apeal.

You need to appeal again obviously focusing on the new reason they have given for refusal.

[Shahbazraja786]

My 2nd application refused November 2017 and I have sent application for apeal.is it 100 percent court will give me apeal or mostly chances they wil refuse my application for apeal ?is it better I have to s3nd fresh application and wait for apeal too

[Imran_Mushtaq]

Hi guys
Hope you are good.
I am extended family member of two EEA nationals and i applied for EEA family permit from Pakistan in April 2016 but get refused in May 2016.
According to EEA regulations of 2006 i had have rights of appeal and i registered an appeal in May 2016 and requested to first tier tribunal for an oral hearing. My hearing was in July 2017 but judge of first tier tribunal dismissed my appeal without hearing on the basis of SALA case.
In October 2017 i decided to appeal upper tier tribunal and requested for a permission for same from first tier tribunal. Also in October court of appeal overturned the decision of upper tier tribunal on SALA case.
In January 2018 i received a notice from first tier tribunal against IAFT4 form that i sent in Ocotober 2017. The judge order to first tier tribunal to be a fresh hearing. ITS REALLY A GOOD NEWS FOR ME AND ALSO FOR ALL EFMs WHOSE APPEALS ARE IN PIPELINES.
I am little bit confuse and require some assistance that what should next be happened? When will my hearing be conducted?

[Raja2018]

I am posting what happened to my case can you please update about yours.

[Raja2018]

I am posting what happened to my case can you please update about yours.

hi
writing this again as last one did not got through.
My case was submitted in mid 2015 on extended family member of EU nation which is my real brother in my case, case was refused in end of 2015. I appealed against it which was to be heard in start of 2017 but when we went their judge told us he can't hear us as law is changed.
Received the decision in 1 moth stating how in the case of SALAH vs SOS appeal is no more for EU EXFM so I appealed in FTT to have permission to appeal in upper tribunal but it was refused so i directly apply for permission to appeal in upper tribunal in Sep 2017 which was approved in DEC 2017 because of KHAN vs SOS.

They gave both parties 7 days to object, no body did so after 10 days I got a letter for hearing which is due in 3 weeks. but yesterday I received another letter from UT with a copy of objections from home office and also saying they apologies for objecting later then 7 days but they do fall in 28 days of 2008 rule of UT.
They said that judge should wait as KHAN VS SOS is challenged and he should wait for new decision.

so can some one please tell me

1. what will happen and when will I hear from UT(upper tribunal) ?
2. Should I send more supporting documents ?
3. Should I send them the bundle again or they will get it from old hearing ?

Note: I have no representative and handling my case myself. the case is remitted to FTT BY UT but the address given for the hearing is Breams building which is of upper tribunal.

[Dissickbrown]

Hi Raja2018.
I thought the court of appeal refused the home office appeal right on khan case?

Am in a similar situation like you. I just got refused as an Extended family member to my sister. And this is my fourth refusal since 2015. So I am sending my first refusal without appeal to UT tomorrow instead of Ftt. I will keep you updated. Cheers

[Raja2018]

Hi
Thanks Dissickbrown for your reply, I am not sure if they got refused for their right of appeal or not but they did oppose my permission to appeal and when I got any updates I will post them.
Many thanks.

[Raja2018]

Hi
Can someone help me with the questions asked in previous msg really need help.

Secondly do I have to take my passport with me to Upper Tribunal hearing ?

Thanks

[Dissickbrown]

Hi Raja2018. I think your hearing will still go ahead in 3 weeks time. The court should have written to you, to dismiss the hearing if they think HO objection was right.

[Shahbazraja786]

My 1st cause refused of efm in 2015 and hearing was in October 2016 but dismissed due to no rite of apeal and 2nd cause refused in November 2017 under section 8 2016.i applied for apeal and court sent me ref. Number.now my question is what wil happen next.court will log in my apeal or the will dismiss my request?thanks if anyone can help me

[Dissickbrown]

Hi
Can someone help me with the questions asked in previous msg really need help.

Secondly do I have to take my passport with me to Upper Tribunal hearing ?

Thanks

Hi Raja2018. Have you got any update on your hearing? Please update thanks

[Raja2018]

Hi
Thanks Dissickbrown for your reply , I send the reply of notice of HO regarding rule 24 soon after I received it then I call the uper tribunal 3 days before my hearing to confirm that everything is going ok and they confirmed I got a hearing.
When me and my sponsor brother went their and faced the judge who told us that home office have used rule 24 and before he can continue he need to ask the opposing lawyer to say something. Who told us that they had opposed the permission to hear the case but not anymore because of recent events, which I m not sure what are but I believe they got denied to appeal from Supreme court against overturing of Sala which is Khan vs SOS but I am not sure yet, so the judge told us that he is remittig the case to ftt and we will hear from ftt for hearing date.

For shabazraja786 who asked what will hapen to his appeal I believe it will be heard.
When should I expect the date of new hearing ?

Many thanks

[Imran_Mushtaq]

Good luck Raja2018 for your hearing.
My case's situation is also same. My appeal was dismissed by FTT without hearing on the basis of SALA. I applied for permission to UTT but thr judge overturned the decision of FTT on my appeal and ordered for a fresh hearing.
Judge gave 14 days to both parties if they do not agree with his decision but HO did not get back to you on it and in last week i got another notice from Judge that there ahould be a fresh hearing and FTT will give you a hearing date.
Now i am waiting for hearing date. When? Do not know

[Dissickbrown]

Hi
Thanks Dissickbrown for your reply , I send the reply of notice of HO regarding rule 24 soon after I received it then I call the uper tribunal 3 days before my hearing to confirm that everything is going ok and they confirmed I got a hearing.
When me and my sponsor brother went their and faced the judge who told us that home office have used rule 24 and before he can continue he need to ask the opposing lawyer to say something. Who told us that they had opposed the permission to hear the case but not anymore because of recent events, which I m not sure what are but I believe they got denied to appeal from Supreme court against overturing of Sala which is Khan vs SOS but I am not sure yet, so the judge told us that he is remittig the case to ftt and we will hear from ftt for hearing date.

For shabazraja786 who asked what will hapen to his appeal I believe it will be heard.
When should I expect the date of new hearing ?

Many thanks

Thank you Raja2018. It should not be over 3 months to hear from Ftt normally after UT remit a case to them, am not sure though. But you can confirm by calling.
Ftt wrote to me last week Friday to make payment of £140. I paid it online. Now I am waiting for their reply

[bbcuk]

hi my case was refused with sala objection and appeal rights were not given due to sala, also my case was refused with regualtion 2006. and i have been refused two more times after this refusal of eu residance card. what i did i have sent appeal to ftt on behalf of first refusal which was refused in 2016 with regulation of 2006 efm. give me a guess that will this work i just told to ftt in appleal form that many salas are heared and over turned so this case is one of them and i sent them refusal notice by post how ever appeal i was sent through online and paid 80£ if some one has guess what will be happend next write me or i will write you that what they did but this needs time.

[Star in sky]

I directly apply in FTT about appeal which HO did not allow. My 2nd application was refused in 2017 when sala was overturned. But HO did not allow me appeal so I applied directly in FTT. But FTT dismissed it as invalid. My first application was refused in 2016 for which appeal was also not given. What should I do now. Should I go for JR. Should I apply again. But in 2nd application HO object on my relationship with my bro in law. They want to see direct relation with my brother in law. What options do I have now. So much disappointed.

[bbcuk]

hi my case was refused with sala objection and appeal rights were not given due to sala, also my case was refused with regualtion 2006. and i have been refused two more times after this refusal of eu residance card. what i did i have sent appeal to ftt on behalf of first refusal which was refused in 2016 with regulation of 2006 efm. give me a guess that will this work i just told to ftt in appleal form that many salas are heared and over turned so this case is one of them and i sent them refusal notice by post how ever appeal i was sent through online and paid 80£ if some one has guess what will be happend next write me or i will write you that what they did but this needs time.

[Dissickbrown]

hi my case was refused with sala objection and appeal rights were not given due to sala, also my case was refused with regualtion 2006. and i have been refused two more times after this refusal of eu residance card. what i did i have sent appeal to ftt on behalf of first refusal which was refused in 2016 with regulation of 2006 efm. give me a guess that will this work i just told to ftt in appleal form that many salas are heared and over turned so this case is one of them and i sent them refusal notice by post how ever appeal i was sent through online and paid 80£ if some one has guess what will be happend next write me or i will write you that what they did but this needs time.

Hi. It is very strange for Ftt to refuse your appeal which is 2006 regulation. Did they sent you reference number after you sent the appeal?.

I sent my appeal with refusal letter of 2006 regulation, and I paid £140 for a hearing. They give me references number and said they will send my appeal to a judge because its out of time appeal, and they will write to me if I will get a hearing.

I will update you if I get any reply. Cheers

[bbcuk]

hi my case was refused with sala objection and appeal rights were not given due to sala, also my case was refused with regualtion 2006. and i have been refused two more times after this refusal of eu residance card. what i did i have sent appeal to ftt on behalf of first refusal which was refused in 2016 with regulation of 2006 efm. give me a guess that will this work i just told to ftt in appleal form that many salas are heared and over turned so this case is one of them and i sent them refusal notice by post how ever appeal i was sent through online and paid 80£ if some one has guess what will be happend next write me or i will write you that what they did but this needs time.

Hi. It is very strange for Ftt to refuse your appeal which is 2006 regulation. Did they sent you reference number after you sent the appeal?.

I sent my appeal with refusal letter of 2006 regulation, and I paid £140 for a hearing. They give me references number and said they will send my appeal to a judge because its out of time appeal, and they will write to me if I will get a hearing.

I will update you if I get any reply. Cheers

thanks for reply me
1 please tell ur refusal date i was refused in october 2016
2 please tell how many days after ftt sent u appeal number i am still waiting that 9 working days gone that i just filled appeal form online and sent serfusal by post.
3 please tell how many days now gone that u r waiting from ftt judge since that appeal number letter .
ur answer can help me for peace of mind and i will let u know too. thanks

[Dissickbrown]

1. My refusal letter was in July 2016.

2. It will take 21 days approximately from the day you send the appeal. I done mine through fax.

3. I got appeal number on Friday last week. I should get a respond from judge in 2 weeks time.

So long your refusal letter was decided with the 2006 regulation. You definitely have an appeal, so relax your mind.

When did you send and got the refusal from Ftt?

[bbcuk]

1. My refusal letter was in July 2016.

2. It will take 21 days approximately from the day you send the appeal. I done mine through fax.

3. I got appeal number on Friday last week. I should get a respond from judge in 2 weeks time.

So long your refusal letter was decided with the 2006 regulation. You definitely have an appeal, so relax your mind.

When did you send and got the refusal from Ftt?

Thanks for a quick reply
yes why i sent this appeal because long searches on sala cases over google than
wrote to a barrister who also told that regulation 2006 has appeal right if sala was reason so after third refusal on same day i filled appeal, so can you please tell what documents u sent with appeal i know that judge will decide is this an appeal or not but just for understanding. i have mentioned in my appeal application that further papers i will send in process of appeal once my appeal get listed. thanks again stay in touch

[Obie]

Anyone receiving decision after 01-02-2017, will not be able to appeal under the 2006 Regulations. They will have to rely on the 2016 Regulations which does not have any appeal rights for Extended family members.

We are expecting an opinion form the CJEU, as the case of Banger was heard very recently. So hopefully this issue will be resolved soon.

[eeaprneu2]

Anyone receiving decision after 01-02-2017, will not be able to appeal under the 2006 Regulations. They will have to rely on the 2016 Regulations which does not have any appeal rights for Extended family members.

We are expecting an opinion form the CJEU, as the case of Banger was heard very recently. So hopefully this issue will be resolved soon.

Obie, can you tell me what exactly is the difference between decision under 2006 versus decision under 2016? I have tried to look around but couldn't find any.

The reason UK was not allowing appeal was because it was not an EEA decision, ECJ rules that no, they can still appeal.

So what difference does it make if its 2006 or 2016?

It might be a dumb question so apologies in advance