urgent advice

JUBILEE · Post by **JUBILEE** » Wed Nov 27, 2013 8:17 pm

i married to an irish lady one and half years ago, we have applied for residence card twice but refused by home office but second time with right of appeal, we won the appeal but home office decided to appeal it . please i need ur urgent advice what to do.

Imshzd · Post by **Imshzd** » Wed Nov 27, 2013 8:25 pm

If HO decided to appeal then you should go and defend your case in upper tribunal.

Post by **Obie** » Thu Nov 28, 2013 1:08 am

They will only be granted permission to appeal if it is arguable that the previous judge erred in law.

You will need to study their grounds carefully, and see how you can defend the judges decision.

Post by **Amber** » Thu Nov 28, 2013 6:23 pm

JUBILEE wrote:thank you so much obie, the appeal we won was based on article 8 because my wife has a daughter which is severely disable and she is the full time carer for her daughter.She cannot work full time .

JUBILEE · Post by **JUBILEE** » Fri Dec 13, 2013 7:19 pm

thank you so much obie for the lovely response but how will i file the rule 24? i dont know how to do it and i dont know what HO appeal against,my appeal was allowed base on article 8, my wife is not really excersisng treaty right at the momemt because she is a carer to her daughter .the previous judge allowed the appeal base on article 8 that they can separate family, my wife is a disable and she is on medication and her daughter is on medication too.

Post by **Obie** » Fri Dec 13, 2013 7:22 pm

Dont you have a lawyer at present.

You are the respondent, and have to file in a rule 24, to oppose the appeal, if your believe the judge's decision was open to him.

JUBILEE · Post by **JUBILEE** » Fri Dec 13, 2013 7:23 pm

we got a letter yesterday stated that HO appeal allowed that HO has 14 days to summitt their argument. so we dont know what the errer in law was and what HO is appealing against.

JUBILEE · Post by **JUBILEE** » Fri Dec 13, 2013 7:30 pm

NO I DONT HAVE A LAWYER, WE HAVE LEFT OUR LAWYER BEFORE THE FIRST APPEAL BECAUSE HE WAS AFTER MONEY, ME AND MY WIFE DID THE APPEAL OURSELVES AND WON BUT WE ARE NOW THINKING OF GETTING LAWYER IF IT IS GOING TO UPPER TRIBUNAL.

Post by **Obie** » Fri Dec 13, 2013 7:41 pm

Try not to worry about the rule 24 notice, if you are not asked. It seem to have been wiped of the 2011 Tribunal procedural rule.

JUBILEE · Post by **JUBILEE** » Fri Dec 13, 2013 7:57 pm

WHAT SHOULD I DO NOW OBIE?

JUBILEE · Post by **JUBILEE** » Fri Dec 13, 2013 8:13 pm

we got a letter yesterday stated that HO appeal allowed that HO has 14 days to summitt their argument. so we dont know what the errer in law was and what HO is appealing against.
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askmeplz82 · Post by **askmeplz82** » Fri Dec 13, 2013 10:10 pm

JUBILEE wrote:i married to an irish lady one and half years ago, we have applied for residence card twice but refused by home office but second time with right of appeal, we won the appeal but home office decided to appeal it . please i need ur urgent advice what to do.

Ok i don't get it. How long your EEA family member living in the UK?

She never worked here before?

Are you working and supporting her?

Davmck70 · Post by **Davmck70** » Sat Dec 14, 2013 1:54 pm

You need to wait for them to reply, the Upper Tribunal will send you a decision of notice to appeal and the reasons why HO has been granted the rights of appeal to Upper Tribunal. You may need to consult your solicitor and now is the time to find one if you don't have any yet. All the best with the appeal

JUBILEE · Post by **JUBILEE** » Sat Dec 14, 2013 2:02 pm

Thank you for the response Davmck70, my EEA wife has been in uk for the past 10 years now, she worked for few times before she was sick, she is a disable and her daughter as well, i am currently working and surporting her.she is a full time carer of her daughter so she cannot work. we won the first appeal based on article 8 that she cannot leave UK because of her daughter disability and her disability as well.

Post by **Obie** » Sat Dec 14, 2013 2:21 pm

I have sent you a Private message, in regards to the legal assistance you could receive, as you will need to oppose the appeal.

JUBILEE · Post by **JUBILEE** » Sat Dec 14, 2013 2:23 pm

Thank you so much askmeplz82,my EEA wife has been living in uk for over 10yrs now, she worked for some times before she was sick, she is a disable now and her daughter is disable too. Iam working and surporting the family. We won the first appeal based on article8 ECHR. and the appeal under the EEA regulations is dismissed.

THE APPEAL UNDER THE EEA REGULATIONS IS DISMISSED

THE APPEAL UNDER ARTICLE 8 ECHR IS ALLOWED.

that was the decision of the first tier tribunal

JUBILEE · Post by **JUBILEE** » Sat Dec 14, 2013 3:51 pm

hello obie, i checked i did not see the private message you sent.

Post by **Obie** » Sat Dec 14, 2013 7:18 pm

I have resent it.

Davmck70 · Post by **Davmck70** » Sun Dec 15, 2013 8:32 am

Am very certain you will win the Upper Tribunal appeal. Now you need a very good proactive solicitor as well as some evidences to support your claims. I will advice you do some background checks before you select a solicitor as well as act fast as time is not on your side. This is a very crucial stage and you will win. All will go well if you need help just ask. All the best

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