Appeal Abondoned?...

[wiggsy]

So, got back to UK house today with a massive pile of documents from the home office.

it states that should my wife leave the uk she would be deemed to have abonded her appeal under section 104(4)(b) of the Nationality, immigration and asylym act 2002.

http://www.legislation.gov.uk/ukpga/2002/41/section/104

The appeal is a Regulation 9 and Zambrano Reg 15A of the EEA Regs 2004, which the appeal rights flow from Section 26 of the EEA Regs:
http://www.legislation.gov.uk/uksi/2006 ... on/26/made

Section 26 reads:
(5) The Secretary of State or an immigration officer may certify a ground for the purposes of paragraph (4) if it has been considered in a previous appeal brought under these Regulations or under section 82(1) of the 2002 Act(1).

Can somebody clarify... As my wife has left the UK (is now living in Dublin whilst I work there as a self employed photographer)... has she abandoned her appeal? or ?... most stupid oversight ever :S

[Obie]

That is wrong in law.

See See Regulation 25 (4).

[wiggsy]

That is wrong in law.

See See Regulation 25 (4).

THANKS OBIE!!!! (eh, the very previous reference to what i'd read!) I Guess I can safely re-inform the home office that my wife left the UK as they had told her she was expected to leave. - and so as not to hinder my free movement

[Obie]

Makes no difference whether you tell them or not. The fact is section 104(4) is not applicable in an EEA case appeal.

[wiggsy]

Makes no difference whether you tell them or not. The fact is section 104 is not applicable in an EEA case.

I didnt beleive so... I knew under the IR's that leaving the country withdraws your appeal. Just don't want to come from Dublin and find out the case isnt going to be heard

[Obie]

If I showed you the law and the exemption that applies to EEA appeal. Thats all I can do. What you choose to do subsequent to that is entirely up to you. I wish u all the best.

[wiggsy]

If I showed you the law and the exemption that applies to EEA appeal. Thats all I can do. What you choose to do subsequent to that is entirely up to you. I wish u all the best.

No, thats great Obie. It's clear as day. - You have put my mind at ease - The thought of wasting the £140 to prove a point, (singh will DEFINATELY apply when we do actually return now), and not being given the opportunity to fight it... that was the biggest "$%^$ It" moment

[Davmck70]

I understand your challenges Wig. The fact is that Obie has done a great job and for that i say many thanks to Obie. Also it is very difficult for case workers to differentiate the UK laws from the EEA laws as most of them are not knowledgeable. I would rather advice HO to pick some of our moderators as consultants to train their inefficient staff.....laughs