Please read what happen in eea appeal hearing

[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.

[tanabrennan]

To me this is an open insult. who was he having baby with. for God sake you are married, that is what husband and wife do...
Anyway i dont know much about court maybe the guru will give you advice.