Can we challenge to court regulation 21.5

[Obie]

It is like this.

Right of appeal is not given by the Home Office, it is given by the EEA Regulations or in the case of Human Right, by section 82.

Section 82 of the 2002 Act is different, in the sense that the Home Office may certify a person's right of appeal under Section 94 or other provision specifically for people they call foreign criminal, with the consequence that even though they will still have a right of appeal, they can only exercise it once they had left the United Kingdom.

Under the Regulations, right of appeal are found in Regulation 36. It confers an automatic right of appeal, once all the criteria are met. In your case, all the criteria are met, in that you had provided a marriage certificate attesting that you are a family member, you have provided a passport as confirmation of your Identity, a previous residence card was issued to you, which is not in dispute. Therefore the law says the decision can be appealed. As simple as that, and the Home Office failure to provide a lawful notice of decision informing you of an appeal right is itself unlawful and the notice is essentially invalid.

[Lexy06]

It is like this.

Right of appeal is not given by the Home Office, it is given by the EEA Regulations or in the case of Human Right, by section 82.

Section 82 of the 2002 Act is different, in the sense that the Home Office may certify a person's right of appeal under Section 94 or other provision specifically for people they call foreign criminal, with the consequence that even though they will still have a right of appeal, they can only exercise it once they had left the United Kingdom.

Under the Regulations, right of appeal are found in Regulation 36. It confers an automatic right of appeal, once all the criteria are met. In your case, all the criteria are met, in that you had provided a marriage certificate attesting that you are a family member, you have provided a passport as confirmation of your Identity, a previous residence card was issued to you, which is not in dispute. Therefore the law says the decision can be appealed. As simple as that, and the Home Office failure to provide a lawful notice of decision informing you of an appeal right is itself unlawful and the notice is essentially invalid.

Hi Obie, please check my entry on ROR refusal based on ex-ID and kindly reply, cheers.

[Sarfraz125]

It is like this.

Right of appeal is not given by the Home Office, it is given by the EEA Regulations or in the case of Human Right, by section 82.

Section 82 of the 2002 Act is different, in the sense that the Home Office may certify a person's right of appeal under Section 94 or other provision specifically for people they call foreign criminal, with the consequence that even though they will still have a right of appeal, they can only exercise it once they had left the United Kingdom.

Under the Regulations, right of appeal are found in Regulation 36. It confers an automatic right of appeal, once all the criteria are met. In your case, all the criteria are met, in that you had provided a marriage certificate attesting that you are a family member, you have provided a passport as confirmation of your Identity, a previous residence card was issued to you, which is not in dispute. Therefore the law says the decision can be appealed. As simple as that, and the Home Office failure to provide a lawful notice of decision informing you of an appeal right is itself unlawful and the notice is essentially invalid.

I got refusal notice on 18.5.2018 do I still have time to appeal? Thanks Obie

[Obie]

law says, if Home Office failed to give you a proper notice informing you of your right of appeal, then time for filing appeal does not run out.


Therefore had they notified you of your appeal rights, then you would have been out of time. But because they did not, then you will be fine.


Hope that answers your question."

[ranarehman]

law says, if Home Office failed to give you a proper notice informing you of your right of appeal, then time for filing appeal does not run out.


Therefore had they notified you of your appeal rights, then you would have been out of time. But because they did not, then you will be fine.


Hope that answers your question."

Hi
I have submit my appeal in court on eea pr refusal letter because of no eea id i have been provided to HO my question is
How long time the court ll be take for give oral hearing date in Feltham London
Can i submit fresh application in HO while hearin is pending in court