appeal hearing on Article 8 refusal

[jackwallace]

I came in UK as a student in 30th of june 2006 and My wife came in UK on march 2011 as my dependent.we was trying to having a baby since then .unfortunately end of 2011 NHS found I am suffering a serious fertility problem ''primary testicular failure''and I never become a father.but we did not lost our hope.after many treatment I went for testicular biopsy which was very very unlikely to found any sperm,chance was maximum 10%. It was a miracle that surgeon found 2 straw of sperm,it was end of 2011.Specialist advised me to take a special injection in every 3 month until my last day of life ,otherwise I will face serious health problem..after 2 unsuccessful attempt, my wife become pregnant on end of 2012 she gave birth of a baby boy.


They used 1 straw for making egg using my wife embryo and kept 1 in the storage for future use.we privately bear all medical treatment cost.Me and my wife want more baby in our family.When our visa was nearly expiry we can't took frozen sperm back of my country.because of serious transportation problem and unreliable treatment in my country.moreover my family and society will not take IVF treatment easily which we always hided from them.

We Applied our visa on article 8 and its refused. I appeal for this refusal decision and waiting for a hearing on late July 2014 by tribunal.

I will appreciate if anyone can provide few information for me:-
# some case study on similar matters(links and others)
# Chance of winning on Fist Tier Tribunal
# If I refuse what is the chance of giving another hearing by upper tribunal ?
# one after another appeal how long we can stay in UK ?
# Finally if I loose my case, is there any way which I can use to settle in UK ? or used to leave to remain ?

I will appreciate if you quickly replay my mail as I don't have enough time. and please please pray for me.

Many thanks

[Wanderer]

Are you saying you applied for leave under article 8 based on frozen sperm?

[jackwallace]

we applied for extended leave to remain then we can try to having another baby using frozen embryo and sperm.many thanks

[MPH80]

A quick google (not knowing much about this) suggests that transporting frozen embryos cross border is entirely possible (with the right permits): http://forums.fertilitycommunity.com/fo ... -a-new-lab

So you'll have to prove why it's not viable to transport in order for that argument to succeed.

I think you're going to have a REALLY hard time finding any case law or any references for this kind of circumstances. The number of immigrants who will have frozen sperm in the UK is low ... the number of those immigrants who want to apply for leave to remain on that basis alone will be even lower.

This article suggests there's 100,000 to 200,000 frozen embryos in the UK. http://www.telegraph.co.uk/health/79480 ... abies.html Let's assume there's an average of 3 embryos per couple ... that means there are (at best) 66,000 couples going through this process.

The 'foreign born' population of the UK is running at around 12% (http://en.wikipedia.org/wiki/Foreign-bo ... ed_Kingdom) - so let's say (at best) that number is therefore 8000 foreign born couples with embryos frozen. So now we have to divide that up into people with no leave, temporary leave, permanent leave and british citizenship (as that's 'foreign born' - not 'still immigrant').

I can see how the number of people with no leave, from India (which is important given the cultural issues) and frozen sperm/embryos is going to be in the tens, if not single digits.

You're going to need a really good solicitor on this.

*Edit: I realised I'm conflating frozen embryos and frozen sperm here across my examples - but I'm just using the numbers on embryos as they are easier to find!

[jackwallace]

I will appreciate if anyone can provide few information for me:-
# some case study on similar matters(links and others)
# Chance of winning on Fist Tier Tribunal
# If I refuse what is the chance of giving another hearing by upper tribunal ?
# one after another appeal how long we can stay in UK ?
# Finally if I loose my case, is there any way which I can use to settle in UK ? or used to leave to remain ?

I will appreciate if you quickly replay my mail as I don't have enough time. and please please pray for me.

Many thanks

[jackwallace]

I will appreciate if anyone can provide few information for me:-
# some case study on similar matters(links and others)
# Chance of winning on Fist Tier Tribunal
# If I refuse what is the chance of giving another hearing by upper tribunal ?
# one after another appeal how long we can stay in UK ?
# Finally if I loose my case, is there any way which I can use to settle in UK ? or used to leave to remain ?

I will appreciate if you quickly replay my mail as I don't have enough time. and please please pray for me.

Many thanks

[jackwallace]

I came in UK as a student in 30th of june 2006 and My wife came in UK on march 2011 as my dependent.we was trying to having a baby since then .unfortunately end of 2011 NHS found I am suffering a serious fertility problem ''primary testicular failure''and I never become a father.but we did not lost our hope.after many treatment I went for testicular biopsy which was very very unlikely to found any sperm,chance was maximum 10%. It was a miracle that surgeon found 2 straw of sperm,it was end of 2011.Specialist advised me to take a special injection in every 3 month until my last day of life ,otherwise I will face serious health problem.after 2 unsuccessful attempt, my wife become pregnant on end of 2012 she gave birth of a baby boy.


They used 1 straw for making egg using my wife embryo and kept 2 in the storage for future use.we privately bear all medical treatment cost.Me and my wife want more baby in our family.When our visa was nearly expiry we can't took frozen sperm back of my country.because of serious transportation problem and unreliable low quality treatment in my country.moreover my family and society will not take IVF treatment easily which we always hided from them.

We Applied our visa on article 8 to extend our leave to remain then we can try another baby from our frozen embryos and its refused. I appeal for this refusal decision and waiting for a hearing on late July 2014 by tribunal.

I will appreciate if anyone can provide few information for me:-
# some case study on similar matters(links and others)
# Chance of winning on Fist Tier Tribunal
# If I refuse what is the chance of giving another hearing by upper tribunal ?
# one after another appeal how long we can stay in UK ?
# Finally if I loose my case, is there any way which I can use to settle in UK ? or used to leave to remain ?

I will appreciate if you quickly replay my mail as I don't have enough time. and please please pray for me.

Many thanks

[KindHeart]

Dear Friend
When your visa was rejected and when did you apply for appeal.........Basically I have put my case in appeal but I did not get any hearing date........can you please tell me how long court take to give hearing date.....
Best regards...

[KindHeart]

Dear Friend
When your visa was rejected and when did you apply for appeal.........Basically I have put my case in appeal but I did not get any hearing date........can you please tell me how long court take to give hearing date.....
Best regards...

[jackwallace]

they are taking 6 months.thanks