snooky wrote: ↑Fri Mar 27, 2020 8:01 pm
LULUBABY
What Zambrano Ombudsman's saying is the truth.
In law, you can seek ruling after you have followed the due process.
From AR to PAP to JR and when not satisfied you can launch court proceedings.
No, no no. I am talking about an appeal.
An appeal is not a judicial review.
Judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.
It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision.
An appeal is brought to challenge the outcome of a case - the actual refusal. The court can substitute what it thinks is the 'correct' decision on appeal, if they feel UKVI got it wrong.
The appeal form many Zambrano carers will need is
FIRST-TIER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER
IAFT-5
Appeal against an in Country [Asylum/Immigration] Decision
https://assets.publishing.service.gov.u ... 0_save.pdf
d. Grounds of your appeal
If you have made an application for EU Settlement Scheme leave and your application has been refused or you have been granted pre-settled status but believe you qualify for settled status and believe the decision was not in accordance with settlement scheme rules complete box 6,
6. EEA Decision
If you believe the decision on your EU Settlement Scheme application was not in accordance with the settlement scheme rules please explain why.