labelle wrote:mam2 wrote:@labelle,
Can you private mail me your email address and I will send you some documents to help with your appeal.
And Kofi75 too. Oh, you have already sent yours.
Mam2 , check your pm , many thanks.
Update:
The appeal Form IAFT-1 in relation to my Zambrano application refusal has now been sent.
In addition to submitting the appeal form, my solicitor has requested that the First-Tier Tribunal issues a date for a case management review hearing (CMRH) prior to the full substantive hearing for the appeal. The reason for this is there are several outstanding issues in respect of my application which have not been appropriately dealt with by the Secretary of State. In the interests of reducing costs and time wastage for all parties involved, my solicitor requested that a CMRH be held so that these issues can be resolved prior to the substantive hearing.
In particular, the outstanding issues in this matter are as follows: -
(a) My application for a derivative residence card as the primary carer of a British citizen was made on the basis that I am the primary carer of two British citizens. The Reasons for Refusal letter from the UKBA only makes a decision in respect of whether I am the primary carer of my daughter and failed to make any decision on whether I am the primary carer of my wife.
(b) I have a long outstanding request for reconsideration of my right to remain in the United Kingdom on the basis of my and my family’s rights under Article 8 of the European Convention on Human Rights. In the Reasons for Refusal letter, the UKBA failed to consider my family’s rights under Article 8 when making its immigration decision in respect of the decision under appeal. We have submitted to the First-Tier Tribunal that the appeal cannot be appropriately determined without full consideration of my and my family’s rights under Article 8 ECHR.
We have argued that my appeal against the refusal to issue me with a derivative residence card cannot be appropriately determined without taking into consideration my position as the primary carer of my wife and our rights under Article 8 ECHR. We requested that a CMRH be held in order to agree a timetable for further decisions from the UKBA in respect of these two outstanding issues so that all matters can be dealt with if necessary in a one-stop appeal.
A letter will be sent to the UKBA next week to ask them why they failed to consider my position as my wife's carer in their refusal letter.