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 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

[Goblin]

Hi,

I am not an expert and hardly know anything about immigration rules. Do understand your reasons to apply for article 8.
And, wish you and your wife good luck for future and may god bless you both with another baby. Your reasons are very valid but I am quite unsure whether a case worker will see it from that point. As, per them one doesn't need permissions to reside in the UK for this reason. Coz you and your wife can always travel to UK for this process on medical grounds. Stay here for a few months and go back. As, there are alternatives available that's why it might have been rejected in the first place.
Appeal will buy you time around 4 - 5 months easy. If you have plans already you can seek your doctors advice if this time frame is sufficient. But on the other hand I would wish that the Judge understands your scenario and your appeal is allowed. Best is to go through a good barrister and work together with him and prepare a strong argument and give it a good shot.
Apart from that other ways to get settled in the UK are many and very tedious too like work permit and all which then further leads to settlement. But I would say to go and seek a solicitors advice on that to check your options in the meanwhile.
Good luck. Stay positive.

[MPH80]

I hate to say it - but asking the same questions 6 times doesn't make it any more likely you'll get an answer - I refer you to my original 'how many people are likely to have been in this situation before' calculation to show how unusual your situation is.

You need a GOOD solicitor!

[jackwallace]

Because no one is not giving me some possible answer of those point.If any one can answer me those question ,

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

[peppekalle]

Have you got a lawyer helping you with your appeal?The chances of loosing your appeal are much higher if you represent yourself.If you loose your case you can appeal to the upper tribunal only if there is a serious error of law.

[MPH80]

Because no one is not giving me some possible answer of those point.If any one can answer me those question ,

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

Ok - I'll take a punt then:

# some case study on similar matters(links and others)

It won't exist - I refer you to my earlier calculation. There might be material on analagous situations but it's hard to know what to search for without direct experience of the cases. To prove a point - I just searched here: http://www.bailii.org/form/search_cases.html for 'sperm','egg' and 'ovum' in the immigration tribunals case law - I found nothing but horrible stories about eggs being thrown at people and hot eggs being held under arms to torture people.

# Chance of winning on Fist Tier Tribunal

Unknown - it's highly unlikely anyone has been through this situation before - I refer you to my earlier calculation

# If I refuse what is the chance of giving another hearing by upper tribunal ?

Unknown - it's unlikely anyone's been through this before - so it's impossible to know the kind of arguments the first tribunal might consider.

# one after another appeal how long we can stay in UK ?

Depends how the first tribunal rules!

# Finally if I loose my case, is there any way which I can use to settle in UK ? or used to leave to remain ?

Not unless you qualify in another visa from the circumstances you've given.

This is all why we keep saying 'get a good lawyer/solicitor'. You need someone who will take an unknown situation and find relevant situations which could create analogies in your situation. This requires access to the right systems and the right training. You need them to be able to understand the precise wording of the judgements so that they can be interpreted and argued correctly. You aren't going to get that for free on a forum I promise.

M.

[Just Wondering]

This is all why we keep saying 'get a good lawyer/solicitor'. You need someone who will take an unknown situation and find relevant situations which could create analogies in your situation. This requires access to the right systems and the right training. You need them to be able to understand the precise wording of the judgements so that they can be interpreted and argued correctly. You aren't going to get that for free on a forum I promise.

M.

I absolutely agree with this.

Whilst there is a certain amount of leeway given to self-represented appellants, you stand a much better chance of success with a good advocate and someone with legal training to put together a good submission with a logical argument and supportive case law.

You may want to investigate if there are any charities (e.g. Bar Pro Bono) that will support your case or a legal professional who will take on your case pro bono - especially if there is an interesting point of law.

[jackwallace]

At first I like to thanks everyone specially 'MPH80' who gave so much time on my issue.Actually I am not personally representing my case on Tribunal.I already had an solicitor who seriously misguided me and gave extremely bad service,unprofessional act and advice.Finally I had to complaint to Legal Ombudsmen. I have already contracted with another solicitor,spoke to him regarding my case.He did not gave much hope to win on my case.He said there are very little chance to win this case !!! So I desperate to know your view,advice and suggestion.

After my hearing I need another 13 months lawful living to make 10 years then I can apply for ILR.My solicitor said it would be miracle to make it 10 years !!! another issue I did not mention which is -NHS specialist strongly advised to take special hormone injection every 3 months till last day of my life.otherwise I will face serious health problem which could lead me to early dead.I came from a third world country where quality of medical treatment is not good.My disease is very rare.2-3 out of 100000. is it could be another ground ? can we explain to tribunal ? (I have all related NHS documents)

I found some human right case study related with health issue.can you guys check on http://www.freemovement.org.uk/2013/11/ ... -a-review/

If you guys able to help me more or tell me about any specialist solicitor I will be very very happy.

[jackwallace]

At first I like to thanks everyone specially 'MPH80' who gave so much time on my issue.Actually I am not personally representing my case on Tribunal.I already had an solicitor who seriously misguided me and gave extremely bad service,unprofessional act and advice.Finally I had to complaint to Legal Ombudsmen. I have already contracted with another solicitor,spoke to him regarding my case.He did not gave much hope to win on my case.He said there are very little chance to win this case !!! So I desperate to know your view,advice and suggestion.

After my hearing I need another 13 months lawful living to make 10 years then I can apply for ILR.My solicitor said it would be miracle to make it 10 years !!! another issue I did not mention which is -NHS specialist strongly advised to take special hormone injection every 3 months till last day of my life.otherwise I will face serious health problem which could lead me to early dead.I came from a third world country where quality of medical treatment is not good.My disease is very rare.2-3 out of 100000. is it could be another ground ? can we explain to tribunal ? (I have all related NHS documents)

I found some human right case study related with health issue.can you guys check on http://www.freemovement.org.uk/2013/11/ ... -a-review/

If you guys able to help me more or tell me about any specialist solicitor I will be very very happy.

If you guys able to help me more or tell me about any specialist solicitor I will be very very happy.[/quote]

[Wanderer]

Surely you can return to your home country and pay for these injections if they are so life-threatening.

[MPH80]

What the link you've posted says is this:

If you are in the UK and require a treatment which is simply not available in the country you'd be going to - you might have a case.

If you are in the UK and require a treatment which is hard to find in your home country - no chance.

I think you're going to be lucky if someone finds you a solicitor - you're probably going to need to do a lot of ringing around.

You should really have a plan B.

M.

[jackwallace]

thanks for your suggestion.