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Do All Appeals Win In Court Based On Article 8?

General UK immigration & work permits; don't post job search or family related topics!

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charlotterahman
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Do All Appeals Win In Court Based On Article 8?

Post by charlotterahman » Thu Apr 12, 2012 10:39 pm

Hi, if my husband's visa goes to an appeal and all paperwork is okay but is refused on previous history and it goes to an appeal does it have to be granted on article 8. Because EU courts are more relaxed to give visas than the UK. But is it quite certain if all the information they require is 100% okay and it is just refused under 320.11 can they still refuse the visa in an appeal?

I am really worried because new rules will be announced in June 2012 and i'm worried i wont be able to apply again if the visa is refused on appeal too. Does anyone have any knowledge on appeals being granted. Can anyone post some links i may have missed regarding appeals for rule 320.11? Thanks if you could help.

Lucapooka
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Location: Brasil

Post by Lucapooka » Thu Apr 12, 2012 10:55 pm

Depends entirely on the circumstances.

Greenie
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Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Thu Apr 12, 2012 11:01 pm

No not all appeals are allowed on the basis of article 8. The right to a family life is not absolute. For information, the echr is not an EU convention- it is a council of Europe convention.

ElenaW
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Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Fri Apr 13, 2012 6:29 am

They can refuse based on the fact that your family does not have to live in the UK and you can still be a family elsewhere.
I tell it like it is.

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