Please read What Happen in the eea Appeal

[irene_hamm]

I am just here to write what happen at the appeal.
I and my non eea husband apply for a residence card, the application was refused because they said we did not provide enough evidence to show we are married and because of my husband previous immigration history by claiming an asylum.
We appeal the home office decision and the case went to the first tribunal, the first tribunal disallows the case without any evidence from home office and said we did not provide enough evidence using the “IS” CASE on us. we appeal the case to the upper tribunal through the first tribunal but they refused again and we now apply direct to the upper tribunal and it was allowed on the bases that the first tribunal judge did not say what she saw by disallowing our appeal because no one ask us any question at the tribunal and the upper tribunal also say the first tribunal cannot say we lack evidence because the judge did not look at all the evidence we provided that the case should be allow to go to the upper tribunal, all this was with the help of our solicitor.
After 6 months we got a date from the upper tribunal for an oral hearing. My non eea husband and I went to the oral hearing, but this time, home office representative was there. at the first stage of the oral hearing, the judge dismiss the ruling of the first tribunal that it was an error of law and now decided to rule on the case, at this point we have provided more than 50 new documentary evidence.

Joint Bank statement
Hotel reservation
Flight Reservation
Doctor's letter from the same GP
MP letter
Fertility treatment paper carried on both of us from the doctor during and after I lost my pregnancy.
Bills
Purchased item receipt
Etc….
All this document are addressed to both of us at the same address

My husband and I were interviewed separately and we gave exactly the same answers but only one mistake of one of the family last name. We are asked virtually everything about our relationship for the past 2yrs 8months and our marriage is now 1yr 9months.
Our witness that came with us was also ask question and no one gave them the wrong answers because we are truly together.
At the end of the day, the home office representative still continue to fight on that the marriage is not the one that will last, that it is a marriage of convenience in her word to the judge after all this interviews, she said my husband is only trying to have a baby with me because he knows if I have a baby for him it will be a British baby that means he cannot be deported. I was so angry when the home office representative says this. I am more than 40yrs and not a kid, I was so mad but I could not do any thing at the court because the case was coming to an end at about 6hrs we have been there on this case. Latter the home office representative said our relationship become to flourish after my husband knows his asylum claim has failed and the judge ask the home office representative a question that is there anything wrong if a relationship evolved?. Home office representative could not answer that.
Later our barrister and solicitor stood up for us and tell the judge that is what normal relation does, when someone get married, they will like to have a family of their own.
After the judge quash the first tribunal decision, he was ready to grant us not until the Home Office representative started saying all kind of thing to discredit our evidence all just because my husband claim asylum with a valid visa when he came to country and we let the judge know we have met before he claim asylum and it was a mistake by the solicitor we went to meet that advised him to do so and who then claim it for him on his behalf even though the solicitor knew he had a valid visa.
The judge said he will get back to us in written and asked our barrister to see him in court the next day base on their own friendship as our barrister told us.
Reason why I came here is that, do the law allow Home Office to Humiliated someone the way she humiliated me at the court saying to the judge in my present that after marriage of more than 1yrs 9months that we are only trying to have a baby so that my husband cannot be deported.
Please I need your comment on this and how will the judge look at all this issues.
The eea Application is only the first application we have made and our solicitor said we have to wait for the decision of the upper tribunal to know what to do. I know we should be able to make a fresh application but now that we have submitted all our evidence dating back to 2yrs and 8months what can we do next. Home office have never boarder to check on us or interview us, will they just take away my husband from me by saying it is a marriage of convenience whereby we have been living together for all this years and with evidence to prove this? Please I need advice and hope from you all. I am disabled and the Home Office representative at the court accept that, that I am a qualified eea person as permanently incapacitated having worked for 15yrs in UK and I also have a letter from my document that I can’t live or get the same medical treatments I get here in UK in my husband country. I am an Irish citizen.
The court case was yesterday and how long do we have to wait for their reply.

[Elzibubs]

Hi Irene_hamm,

Firstly I am sorry to hear of your stress of going through this appeal process. I cannot offer any advise, I am just about to start this process myself so wanted to let you know I understand what you must be feeling...

My issue is relating to an Unmarried Partner Visa, I am a British citizen, I work and pay my mortgage (blah blah blah) and currently I`m 8 months pregnant. Myself and my partner provided more than enough evidence and still we have been refused. I am angry and disappointed at the `system`and that we had speaant so much money on the application and now more for the appeal (as I am sure you are frustrated with also)...

Good Luck with your appeal, I hope that you suceed! It seem sthe genuıne and honest applicants are those who get turned away!!

[Obie]

I believe you will be fine. It is the HO presenting Officer's job to discredit your case and say you are not a qualified person. They will even say your marriage is convenience. If they did not they will look stupid and the question will be asked, why are you in the tribunal in the first place.
Take no notice of them. This is what they get paid for, although the manner you stated it was done seems humiliating.

You will be fine in the end. At the end of the day, the Judge will analyse all the evidence and make a decision on a balance of probabilities. On a balance of probabilities, it seems more probable than not, that your relationship is genuine.

I wish you all the best and try not to get too worked up about your experience.

[irene_hamm]

Thank you very much for your advice, I just hope all this issue get out of my head, it is like lifting a mountain. Someone that is little to you just come out and saying rubbish about your marriage because you married to a non eea national, I still think that is a dearly beloved if it is looked that way.
I hope the judge will be fair because it is upper tribunal and we will not be able to appeal that decision if the judge don't grant it and we don't know what to do after that maybe will go for a human right case. I still believe the home office should have evidence before calling a marriage a marriage of convenience. They never call to our door or invite us for interview.

[irene_hamm]

I want to use the opportunity to that everyone here and for the advice I got from the forum. We received a letter from the upper tribunal and the appeal is allowed. Judge said first tier tribunal was error of law and it is set aside and a new decision is remake the hubby is entitled to a residence card as a family member of an eea, so appeal allowed.

[nico2185]

hi irene congratulations about your appeal allowed hope it well goes with you,,,im going also to appeal to upper tribunal about the decision of the first tier tribunal to dismissed my case so im so worried because i need a permission from first tier tribunal to appeal in upper tribunal,,,so im so worries because my first tier tribunal is only paper hearing can i do also with upper tribunal?

[irene_hamm]

hi irene congratulations about your appeal allowed hope it well goes with you,,,im going also to appeal to upper tribunal about the decision of the first tier tribunal to dismissed my case so im so worried because i need a permission from first tier tribunal to appeal in upper tribunal,,,so im so worries because my first tier tribunal is only paper hearing can i do also with upper tribunal?

I will give you a strong advice, paper appeal is no good, when our case was allowed to upper tribunal by the upper tribunal itself because the first tier tribunal refuses to allow us to appeal to upper tribunal and we requested permit from upper tribunal itself and they allow us to appeal the decision of the first tier tribunal that it is arguable as an error of law and said paper appeal will be okay in the case, but we have to requested for oral appeal and thank God we did so, if not, we will not have been able to present our case to the judge openly and HO sneaky kept the evidence they have and brought it on same day to the appeal, an evidence that is more than 2yrs if you can imagine, a statement made on interview more than 2yrs ago. We were able to present our case very well to the judge, and the judge said he was satisfy that our marriage is not one of convenience, thank God someone in higher authority believed us. But I am not saying that paper appeal is not good at all, but I believe in some cases it will be good but to a like of our own case, it will be better on oral. HO is very conniving and you have to be prepared or else you will lose. Even after oral evidence including more than 50pcs paper evidence we provided, we were still afraid, but thank God today.
We requested also for Article 8 in our appeal but the judge said it is not necessary to consider it because we have won on our own right. I am permanently Incapacitated, our solicitor said my hobby is entitle to a permanent residence card but anyone for now will do.

My personal advice is for you to use an oral appeal but I still say it depends on your kind of case. I don’t really know if HO always Appeal the decision of Upper Tribunal too because in the letter we receive they said either party can appeal to the court of appeal, but anyway, we still have Article 8 in our case, either way as our solicitor said, we have a very strong human right ground.
And thanks a lot for Obie with his positive altitude in advising on the forum.

[nico2185]

hi irene thank you so much for your advice it helps for me to decide what is good about my case,,honestly i want an oral hearing for me to able to say to the judge all the things we have in mind and documents,,but sadly i cant do it at the moment because currently my partner is away taking care of his sick mother for the mean time because his mum is old so he decide to leave me here for the meantime until his mom back to normal state, so i can't wait for him so i need to decide now because i only have 5 days to ask the first tier tribunal permission to appeal in upper tribunal,,,,
question?
1.i saw you in your post you ask the first tier tribunal permission to appeal to upper tribunal and been refused, how long you need to wait for the first tier tribunal to refused you permission to appeal in upper tribunal?
2.and when you refused by the first tier tribunal so go straight to upper tribunal right?how long you need to wait for the upper tribunal to accept your appeal?and how long did it take for you to know when is your hearing?

thank you so much irene for being helpful and enlighten someone here about you case im so proud of you and what you have done

[irene_hamm]

hi irene thank you so much for your advice it helps for me to decide what is good about my case,,honestly i want an oral hearing for me to able to say to the judge all the things we have in mind and documents,,but sadly i cant do it at the moment because currently my partner is away taking care of his sick mother for the mean time because his mum is old so he decide to leave me here for the meantime until his mom back to normal state, so i can't wait for him so i need to decide now because i only have 5 days to ask the first tier tribunal permission to appeal in upper tribunal,,,,
question?
1.i saw you in your post you ask the first tier tribunal permission to appeal to upper tribunal and been refused, how long you need to wait for the first tier tribunal to refused you permission to appeal in upper tribunal?
2.and when you refused by the first tier tribunal so go straight to upper tribunal right?how long you need to wait for the upper tribunal to accept your appeal?and how long did it take for you to know when is your hearing?

thank you so much irene for being helpful and enlighten someone here about you case im so proud of you and what you have done

Hopefully all work out for you.
regarding your questions.
After the First Tier Tribunal Dismiss the Appeal, we request for permission to appeal to the upper tribunal from the first tier tribunal and it took one month to get a reply from them that we are not allowed to appeal it, we then request direct to upper tribunal and it also took them another one month from the upper tribunal to accept us to upper tribunal, all this process took 3months.

After we were accepted to upper tribunal, it took upper tribunal 6 months to give us a date for hearing and all together making 7months to the date of hearing.

And it took upper tribunal approximately 1 mth to give us decision.

All appeal process took 17 months precisely.

I hope this explains the process to you but it might vary...

all the best.

[EUsmileWEallsmile]

I am delighted that you have had success in the end, but could I ask something?

Were you at any point before the upper tribunal given any real opportunity to refute the allegation that yours was a marriage of convenience?

[mobismome]

Hi irene pls is it a must that your sponsor will be present during an oral hearing i think the hearing can still go on but all depends on the reason for refusal

I called the court and asked them they said if the sponsor can not attend it is not a problem but depends on the reason for refusal. Provided the appellant is present

[irene_hamm]

I am delighted that you have had success in the end, but could I ask something?

Were you at any point before the upper tribunal given any real opportunity to refute the allegation that yours was a marriage of convenience?

They did not visit us, they did not invite us, at the first tier tribunal the allegation were not raised and interview not made. it was only at the upper tribunal hearing we were able to refute the allegation and thank God the judge believes us. They sit at their office and say someone marriage is one of convenience without any investigation.

[irene_hamm]

Hi irene pls is it a must that your sponsor will be present during an oral hearing i think the hearing can still go on but all depends on the reason for refusal

I called the court and asked them they said if the sponsor can not attend it is not a problem but depends on the reason for refusal. Provided the appellant is present

I understand that if none of you are there, the oral appeal will go on. they wont force you to come, it depends on you if you don’t want to go or your sponsor don’t want to go or you come along with the entire community, anyone of these you think will benefits you.
In our case, we took them to court by appealing their decision, so I do not see any reason why we should not be present. We also went along with witness. No matter your case, it depends how strong and important you want it to be.

[EUsmileWEallsmile]

They did not visit us, they did not invite us, at the first tier tribunal the allegation were not raised and interview not made. it was only at the upper tribunal hearing we were able to refute the allegation and thank God the judge believes us. They sit at their office and say someone marriage is one of convenience without any investigation.

Do you have the residence card yet? If not, I hope it comes soon.

Was marriage of convenience specifically mentioned in the original rejection? In general, the home office is not meant to just assume that a marriage is not genuine, they need to show what the basis for their suspicions are. Once that is done, it is up to the applicant to demonstrate otherwise. If they did not do that in your case, I would consider complaining.

[irene_hamm]

They did not visit us, they did not invite us, at the first tier tribunal the allegation were not raised and interview not made. it was only at the upper tribunal hearing we were able to refute the allegation and thank God the judge believes us. They sit at their office and say someone marriage is one of convenience without any investigation.

Do you have the residence card yet? If not, I hope it comes soon.

Was marriage of convenience specifically mentioned in the original rejection? In general, the home office is not meant to just assume that a marriage is not genuine, they need to show what the basis for their suspicions are. Once that is done, it is up to the applicant to demonstrate otherwise. If they did not do that in your case, I would consider complaining.

thanks EUsmile, what they suppose to do and what they suppose not are two different thing, I and my hobby have suffer a lot on this case, we just got the letter from the UT that our marriage is not a marriage of convenience stating the paparoji case of Jan 2012, that my hobby is entitled for the eea residence card.
I will like to ask, do HO appeal UT decision in a case like this? Because I see a paper included separately, saying if either party want to appeal to the court of appeal. What does that means?

[EUsmileWEallsmile]

I will like to ask, do HO appeal UT decision in a case like this? Because I see a paper included separately, saying if either party want to appeal to the court of appeal. What does that means?

As far as I understand matters they could appeal in theory, but would only be able to do so if the judge in the case had erred on a point of law. I would hope that you had legal help with the case, if so, I would urge you to discuss any concerns with a professional to get proper reassurance.

Remember, you are legitimately married. This is a fact. Your husband will get a residence card.

[akif]

hi i have an upper tribunal apeal can you please guide what will happened there as i have been refused by upper tribunal.

[Directive/2004/38/EC]

hi i have an upper tribunal apeal can you please guide what will happened there as i have been refused by upper tribunal.

Can you please rephrase this to make it clearer. What happened in the past? What is happening in the future? What is your exact question.

[skylarkcm]

hi irene_hamm, how long did it take to get your hubby's passport back after the appeal was allowed?

[devon_123]

Hello,

I am about to going through what you had gone through...
In my case, We have been married for 8 years to my european husband and we have 3 children together
however HO dismissed first tier appeal only the reason because HO believe
that I did not provide our comprehensive sickness insurance document which, off course, I did in my original application for EEA 2.
HO even stated in their decision letter that they hardly believe my husband really lives in UK despite of providing the letter such as electrical letter from council and house insurance letter includes all of our names etc....
Now first tier tribunal refused to provide me a permission to appeal to upper tribunal so that I believe I have to request upper tribunal for a permission to appeal in upper tribunal...
I am really stressed out to even think of how long I will have to be in this state.

Anyways congratulations for your case!!