EEA4 rejected with right of appeal. please help

mini1982 · Post by **mini1982** » Fri Nov 15, 2013 5:02 am

Thanks. That was helpful. I didn't steel his passport. He forgot to take when he left home the time we separated. When he ask me to give him, I told him to wait as I had to send my application. He didn't say a word but went and declared it mission and obtained a new one.

Post by **Amber** » Fri Nov 15, 2013 5:03 am

If he asked for it and you didn't give it that can be construed as theft. Moreover, why did your solicitor not advise you what to do/send?

mini1982 · Post by **mini1982** » Fri Nov 15, 2013 5:05 am

Ok mr moderator. I am a thief. Happy?

Please Obie and other standing members, any advice?

Post by **Amber** » Fri Nov 15, 2013 5:07 am

Well it doesn't make me happy however, you need to act more mature and gain your ex's help, particularly if you may rely on evidence he can submit to help your RoR case.

mini1982 · Post by **mini1982** » Fri Nov 15, 2013 5:18 am

people come here cos they are despirate and needs advice and not for being judged or questioned. i think i have been mature enough to answer u politely. if you dont have anything meaningful to say, please kindly go to bed and get some sleep.

mini1982 · Post by **mini1982** » Fri Nov 15, 2013 5:30 am

Moreover, why did your solicitor not advise you what to do/send?

[/quote]

because i did not contact him before sending the initial application. But wait a minute, i can see you are a moderator. are u hear to challenge people, to learn from others or to offer contructive advice?

mini1982 · Post by **mini1982** » Mon Nov 18, 2013 12:21 am

It was refused becos I submitted my ex husbands passport which he has declared it lost

Post by **Obie** » Mon Nov 18, 2013 12:40 am

Pointless going for an appeal. A professional letter stating the legal positon and the fact that such document would not have been necessary in any event, would have sufficed and much more quicker.

Looks like he is seeking to prolong this matter for reasons best known to him or her.

mini1982 · Post by **mini1982** » Mon Nov 18, 2013 2:09 am

Thanks Obie. Do you think I can write that letter? And if we send the letter, are we suppose to be sending all previous documents which they already have? The application was refused on 26th of September. And apparent he send the appeal late for his reasons even though I gave him the appeal the date I received it

Tarikranaa · Post by **Tarikranaa** » Mon Nov 18, 2013 11:37 am

I am on the same situation.I applied retention of rights application after divorce and I wrote my ex wife's passport number(which was reported lost/stolen) and ukba refused my application on this ground that the passport number provided on section 3 was reported lost.
And the moment I am waiting for my oral hearing.my solicitor relying on this point that under EU regulations forms are not mandatory so ukba not refuse the application on the bases that the forms are incomplete and wrongly filled.
Second ground is that the applicant provide this passport number because on his previous application applicant provide the same passport number.etc etc.
Do you thing that this will work????

Post by **vinny** » Mon Nov 18, 2013 11:48 am

See also Barnett and others (EEA Regulations: rights and documentation) Jamaica [2012] UKUT 142 (IAC) (14 May 2012).

Post by **Obie** » Mon Nov 18, 2013 12:22 pm

These incompetent lawyers tend to get their clients in unnecessary troubles.

There is no need for passport to be sent . Sending a passport which has been reported lost, cast a lot of credibility issue on the person making the application.

What if UKBA take the view that, this marriage was never real. That someone's passport was taken to carry out a sham, and the person has now reported this.

Davmck70 · Post by **Davmck70** » Wed Nov 20, 2013 11:27 pm

mini1982 wrote:Thanks Obie. Do you think I can write that letter? And if we send the letter, are we suppose to be sending all previous documents which they already have? The application was refused on 26th of September. And apparent he send the appeal late for his reasons even though I gave him the appeal the date I received it

Hi Mimi,
You have a strong case. I do believe the HO will reconsider if you explain things to them but I will advice you to be diplomatic as whatever you do not say can not be used against you in a court of law. Whatever you say is evidence they can use against you. I have said this because i understand your predicament and all i can say is stay calm and think hard before you take any step further. You do not need to send any previous documents.
I expect your solicitor to handle this case with professionalism but will advice you look for a better one if you have any reasons to doubt him. I switched solicitors about 3 times to win my case. I wish you the best

Davmck70 · Post by **Davmck70** » Wed Nov 20, 2013 11:29 pm

On the other hand, I would write a Reconsideration letter to HO stating the situation without going into much details (about what happened previously on why you kept ex passport) and politely ask that if I can provide new ex passport, will they reconsider? I believe they should respond.

mini1982 · Post by **mini1982** » Fri Nov 22, 2013 12:03 am

thanks for the reply. aparently, i got a letter today from tribunal stating that my appeal arrived late and that we have up to the 25 of nov to give documentary evidence why the appeal came late.
it makes me depress cos i gave the bundle to my lawyer the day i received the refusal letter. not sure why he left it. I phoned him and as usual, he said dont worry, it will be fine. i am really crossed and i already paid half his fee.
meanwhile i have sent a letter to ukba to explain the situations surrounding the lost but phone passport.
I gave the a faint copy of my ex passport and explained that was all i could get as he sent it to me via whatapp.
i also told them that my lawyer said the passport was never one of the requirements and to make matters worse, i dont expect him to be cooperative as he would if we were still married.
i told them that i got his up to date employment wage slips becos all his letters have been coming to my address which means he has not updated it with his employer and banks. do u think i stand a chance?
i also phoned them yesterday to check the progress and apparent they are looking at it as i addressed it to the same case worker that dealt with the initial application. i explained to them that i need to go home for my dads funeral as he passed away on the 15th nov. the chap who took the call was polite and compassionate. he said he will make a note that i called.

Davmck70 · Post by **Davmck70** » Fri Nov 22, 2013 1:16 pm

mini1982 wrote:thanks for the reply. aparently, i got a letter today from tribunal stating that my appeal arrived late and that we have up to the 25 of nov to give documentary evidence why the appeal came late.
it makes me depress cos i gave the bundle to my lawyer the day i received the refusal letter. not sure why he left it. I phoned him and as usual, he said dont worry, it will be fine. i am really crossed and i already paid half his fee.
meanwhile i have sent a letter to ukba to explain the situations surrounding the lost but phone passport.
I gave the a faint copy of my ex passport and explained that was all i could get as he sent it to me via whatapp.
i also told them that my lawyer said the passport was never one of the requirements and to make matters worse, i dont expect him to be cooperative as he would if we were still married.
i told them that i got his up to date employment wage slips becos all his letters have been coming to my address which means he has not updated it with his employer and banks. do u think i stand a chance?
i also phoned them yesterday to check the progress and apparent they are looking at it as i addressed it to the same case worker that dealt with the initial application. i explained to them that i need to go home for my dads funeral as he passed away on the 15th nov. the chap who took the call was polite and compassionate. he said he will make a note that i called.

You need to get your lawyer to act quickly on this as he caused it in the first place. I will advice he uses fax to correspond with Tribunal as this is the fastest and most secure means with proof attached on time and dates his response was sent. You lawyer has to get you a right of appeal at all cost to make progress with this case. It is advisable he sends it today as 25th is Monday and may be a bit late then.

mini1982 · Post by **mini1982** » Sat Dec 14, 2013 3:37 am

Obie wrote:Pointless going for an appeal. A professional letter stating the legal positon and the fact that such document would not have been necessary in any event, would have sufficed and much more quicker.

Looks like he is seeking to prolong this matter for reasons best known to him or her.

Thanks for this brilliant idea Obie. I asked my solicitor to send them an explanatory letter but he refused despite sending an out of time appeal.
I personally wrote the letter to the case worker who dealt with me case. The letter was about 3pages and I quoted the little knowledge I had regarding EU law. I sent letter on the 19th nov, and my permanent resident card was received on the 04th dec dated the 28th of nov.

I sincerely thank each and everyone of you. Your opinions have been helpful

Davmck70 · Post by **Davmck70** » Sat Dec 14, 2013 1:41 pm

Congratulations!!!

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

That is a wonderful new mini1981. Wish you all the best for the future.

fatimahh · Post by **fatimahh** » Mon Dec 16, 2013 12:00 pm

Congratulation mini1982 !!! that is a very good news. Do you think you could share the cover letter you have written. That will be very helpfull, As i am preparing myself for ROR as well.
Thanks in advance

Immigrationboards.com: Immigration, work visa and work permit discussion board

EEA4 rejected with right of appeal. please help