evie233 wrote:Wiggsy..so sorry for this decision... May God help us all with all these refusals..
I knew it would be a refusal, so its not a shock... the good news being it clearly states right of appeal: yes..
the problem is, we didnt receive the notice yet... and Ollie Carlisle has said numerous times on the telephone that no decision has been made (last time was just on friday, and again today)... But it looks clear that the decision HAS been made already... we have just not been informed about it...
I called Ollie again today, and he said to me that unforetunately he is just a middle man... and he has just repeated what he has been told... to which I said "well to be fair, its unfair on yourself being told one lot of bullsh... to then pass that onto the end person..." (he seamed to agree although didnt say it)...
I've wrote to the home office outlining that I expect a formal decision sending within 14 calander days (at which point six months will be up)... and I have included the note above... Ive made it clear that myself and our children can also file an action against the home office for them breaching our rights to a family life, in addition to my wife...
Ive made it clear that the amount of evidence we have outlining the welfare of children is quite substantial... and that it is clearly stated in the Human Rights Act 1998 that in ANY DECISION made by an org, it MUST pay attention to the HRA.
I've included a copy of the ISE343 that they sent to my wife, and made it clear on the basis that the Home Office have already threatened to detain my wife, the appeals route is not required, as they would be breaching Art 5 of the HRA.
I've also made it clear that the application was as a spouse of an EEA national that has worked in Finland (highlighting Metock, which raises the method of entry into the country [including any possible overstaying ETC] cannot be taken into account], and the fact that EU law states that a person on the EU route CANNOT be treated any less favourably than a person on the UK Regs.
It is clear by the fact that they will not consider Art8/Zambrano IDI's guidance that they are treating EU law less favourably...
I've stated that I expect a final response within 14 days, with my wifes residence card as the spouse of an EU national (I am british, but HAVE WORKED in the EU - albeit prior to marriage etc).
Just a matter of waiting on that response, and the formal refusal notice I guess, but we are going round a solicitors tomorrow... along with getting Social Services involved... As it is clear that they need to be involved now as the Home Office are proposing that I take on full time care responsabilities.
so they have left the site there (for now)]