Fustrated2019 wrote: ↑Thu Apr 08, 2021 10:02 am
snooky wrote: ↑Fri Apr 02, 2021 12:27 pm
Fustrated2019 wrote: ↑Fri Apr 02, 2021 10:31 am
Happy new month everyone.
@snooky please I need to pick your brains. I have received a date from the court for case management review before a hearing. I am appealing DFR1. I haven’t received anything from the home office and I haven’t sent anything either . I am self representing .
What will happen ? Can you please help?
Thank you
Hi
The reason why hearing has been converted to a Case Management Review Hearing is in order for the Judge to determine whether the case should proceed to a full hearing. If decided it is not necessary the Appellant’s case will be decided on the papers only.
The Immigration Tribunal often arranges Case Management Review (‘CMR’) Hearings where the Immigration Judge, Appellant, his or her representative and the Secretary of State for the Home Department’s representative attend to discuss any preparations required for the hearing. While there are few of these hearings, paragraph 7.2 of the relevant Practice Direction relates their significance:
The main purpose of the CMR is to confirm the points in issue prior to the substantive hearing. The judge conducting the hearing should be seeking to confirm the issues that will be raised by either side. ... The CMR is regarded as a hearing of the appeal and is held before an Immigration Judge.
Now self representing against HOPO is a very dangerous thread to go. The HOPOs are ambiguous with their definitions and twist so much.
You will need to engage a representative to properly help you through.
You have to also make sure you have a bundle of Skeleton Argument and Witness Statement for your trial should your case goes on trial.
Prepare for courts proceedings else your case wouldn't succeed.
I always say to people to do paper applications because if you can't argue with law whilst in court with HOPO then it call a car crash.
@snooky
Sorry to be a pain . I have called several solicitors and their general conscensus is to abandon the appeal and renew as normal because the appeal will not succeed according to them but I don’t feel like giving up.
Please please help
What i can say is that, most solicitors really love money and easy cases. They don't want hustle.
When they introduced Zambrano into the Appendix EU of the Withdrawal Agreement, most solicitors after May 2019 wrote off the prospect of Zambrano Carers.
But on this board we have seen that majority have benefited from testing the law. The laws are there to test. Laws ain't static.
Follow your heart because you don't lose anything from applying under the Zambrano route euss.
Most solicitors behaves like the HO. Money money money. As Zambrano applications are free and less work for them, they do not pay attention to the injustices being meted on people who have been disfranchised by they system.
You have seen on this board how others have tested the law and succeed even though their lawyers wrote them off.
I repeat and will say it again that, the HO has no right to ask anyone to
1. Do domestic application before eea Zambrano route
2. The euss should be compatible with eea reg 16 and eu articles.
3. HO has no right to determine which way you have to go with your immigration matter.
4. It is not within the eea regs and the articles that all people should be doing HR applications, Been refused, and Appendix fm before meeting their requirements.
5. It is not in the eea regulations that Limited Leave to Remain exempt one to meet their requirements.
Is all HO Policy which precludes one to meet the law.