Post
by susoroh » Fri Nov 22, 2013 7:22 am
My appeal hearing was yesterday 29th October, 2013. It has to me one of the most anxious experiences of my life. I wanted to shear my experience with you.
My partner and I went to the appeal court at about 8.30am, we quickly found out that the court was open at 9.00am, we decided to travel early because we lived in Leeds and the hearing was in Stoke-on-Trent .
On arrival it was like going through airport security. My hearing was scheduled for 10am with 2 other people at the same time. But I was the super early and guess what? The barrister representing my appeal was 1.45min late!! NOT COOL at ALL
Ok, finally the barrister turns up and then we had a 30min talk about what he was arguing about.
The time has come, am nervous, unease and anxious, I walking into the hearing room, 4 people in the room. The Judge, UKBA representative, my barrister and me.
The Judge asked me to state my name
My defence was on article 8 right to a family life. My lawyer asked me questions about my relationship, easy questions. Questions to affirm my relationships with my partner. Most importantly was the difficulty of separation would have on your relationship. Also my barrister asked if we had now leaved for 2 yr. I said 2yr 3months
The UKBA representative asked me why I applied for an unmarried partner visa if I haven’t lived together for two yrs,
I say I thought that I had to show that I was in a relationship for 2 yrs, that it was my interpretation of the rules and that I only missed it by 4 months.
The UKBA representative asked me why I didn’t apply again after we lived together for 2 yrs. guess what UKBA just gave me ammunition.
I say, that all my documentation was withheld from me, that my passport, driving license and university certificate. That my life was at a stand still
Now the Judge asked her if that was true the UKBA representative said YES.
Now I sat at the back I was told by the Judge not to speak as my Partner was called in as witness
My barrister asked her questions about our relationship, easy answers. The UKBA representative said I have no question to ask.
Total time spent in the hearing room so far 20min
Finally the UKBA representative said that she upholds her decision to refuse my visa but withdraw the removal clause (DEPORTATION ) . That she is not arguing that our relation is not true and real but we leave together for 20 month at the decision was made.
My Defence, MY barristers says, article 8 right to a family life, and he use a lot of case laws to back up my appeal.
1. am not a threat to public safety, not a criminal
2. am not economically a disadvantage to UK
3. We now leave together for more than 2yrs
I feel positive about the hearing, the judge say the outcome will be in 4wks.
MY advise make sure that u, ur partner and witness are all saying the same thing
