netqueen wrote: ↑Fri Jul 02, 2021 1:14 pm
snooky wrote: ↑Wed Jun 30, 2021 10:39 pm
LULUBABY wrote: ↑Wed Jun 30, 2021 6:56 pm
Greatgreat wrote: ↑Wed Jun 30, 2021 3:25 pm
LULUBABY wrote: ↑Tue Jun 29, 2021 8:58 pm
UPDATE:
IT IS DECIDED
(1) The respondent’s application that this matter be stayed pending the determination of an appeal to the Court of Appeal from the order of the High Court in R (Akinsanya) v. Secretary of State for the Home Department (CO/4877/2020) is refused.
REASONS
1) Mostyn J refused the respondent permission to appeal to the Court of Appeal in Akinsanya reasoning that he was not satisfied that the proposed appeal had a real prospect of success or that there was some other good reason why an appeal should be heard: para. 9 of the order in Akinsanya dated 9 June 2021
2) The power to stay public law cases concerned with immigration matters pending a future appellate decision is to be exercised cautiously, and only where necessary in the interests of justice. The application notice of 22 June 2021 details that the respondent ‘intends’ to file an appeal in the matter of Akinsanya. However, the High Court order in Akinsanya required the respondent to file her notice of appeal with the Court of Appeal by 16.00 on 21 June 2021: para. 10 of order. The respondent has provided no confirmation that the relevant notice of appeal has been filed and served. In any event, the judgment of Mostyn J is comprehensive. In the circumstances, it is not presently in the interests of justice for the requested stay of proceedings to be granted.
3) The respondent can properly renew the application for a stay of proceedings at the oral hearing but will be expected to provide both the applicant and Tribunal with evidence confirming that a notice of appeal has been filed with the Court of Appeal in the matter of Akinsanya at least 24 hours before the hearing.
Really routing for you @lulu! You've been so strong and I cannot wait to hear of your good news! You've been amazing despite the situation. It's almost over!
Mhhhhhhh. Thank you so much. What would I have been able to do if I didn't come across this forum?.
I don't even know what to say anymore, at one point I lost confidence in my self. I felt like I was rubbish at everything. I cried and cried and cried, I felt like it was a lost cause, a cause nobody believes in. I lost hope at times, during such moments I kept on reading Snooky's previous posts, telling myself 'Lulubaby mind the gap!', kept on pushing anyway, kept on believing that something has got to give, hoping it won't be from my end.
My son wasn't helping matters. He too thought I was making up words.
Whenever I say I am knackered, he will look at me like I came all the way from la la land and just landed at Heathrow.
I brought out a big Advanced Learners Dictionary with a big magnifying glass, I left a note on it "IS KNACKERED IN HERE? - 5 POUNDS REWARD!
(I had respite) Hours later he found it and earned the money.
Oh dear, he loves money. With his 'skills', I think he will be better of volunteering at the HO, as a paid volunteer though. HO looks as Zambrano carers with 3D eyes!
You were born a fighter. You fo8ght from the lowest of the low to be where you are today.
I have enjoyed reading your spice humour thread. I always laugh when am stress. You are very wonderful. Keep that therapy up
Wow @LULUBABY indeed you are a warrior. You are winning now and there's no stopping you.
Glad t is all going well and we will succeed.
@ Snooky, Has HO lodge the appeal against the Akinsanya case and been barred from going further or they are yet to lodge the appeal or have been prevented from appealing the decision? which is the current situation , Do you happen to know?
My LTR expired on 24th of June and DRC on 30th of June so hoping per the Akinsanya case they will not delay me again.
Thank you
We will all succeed.
Mostyn J refused the respondent permission to appeal to the Court of Appeal in Akinsanya on the day of the judgment.
So HO can not appeal and they haven't said they would be going for JR.
They accepted a consent order, the full could be read by clicking the Web address below
https://www.bailii.org/ew/cases/EWHC/Ad ... /1535.html
1. The Home Office will reconsider Appendix EU as it applies to Zambrano carers. Until such time as it has reconsidered the rules (which it is unlikely to do until they have a decision by the Court of Appeal on their application for permission to appeal), the Home Office will pause decision-making on all Zambrano applications.
2. A Zambrano application under Appendix FM made on the same grounds as a Zambrano application under the EU Settlement Scheme will not vary the EUSS application, and vice versa. This was important to clarify because an applicant can’t usually have two immigration applications on the go at the same time.
Normally, when an applicant has an application pending under one part of the Rules, and then submits a second application under another part of the Rules, that second application “varies” the first one, meaning that the first one is “cancelled” and only the second one gets decided. The order has now confirmed that this general rule does not apply to Zambrano and Appendix FM applications, as long as they are “based on the same circumstances”.
3. The Home Office will confirm when it has reconsidered the Zambrano EUSS rules. It will then need to publish a policy confirming that all Zambrano applications submitted after that date, and for a period of at least six weeks beyond that, will be deemed to have been submitted “on time” for the purpose of Appendix EU. In other words, it will be possible to submit an application after 30 June 2021.
However, this does not mean that there is no deadline. The deadline is still 30 June 2021. For many applicants, including those who do not currently have any permission to be in the UK, it is still important to try to submit an application before 30 June — including so that they can work in the UK.
4. If someone without immigration status in the UK is “picked up” by the Home Office during those six weeks, and they are eligible for Zambrano status, then the Home Office should give them an opportunity to make an application within 28 days (and put that in writing).
5. Those who apply before 30 June 2021 will be issued with a certificate of application confirming their entitlement to work, study and rent in the UK until a decision is made on their Zambrano application. The Home Office hasn’t made a decision about those who apply after 30 June 2021 — and that is another reason why it is still a good idea to apply before the deadline.
So they ain't going to nowhere and can't do anything because the court stops them to play Russian Roulette with migrants