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I wouldn't say a disgrace to the justice system, given that the judge admitted he has no knowledge of Zambrano and decided to adjourn to study the case before passing judgement, you should be thankful instead that he didn't decide your fate without proper prior knowledge of Zambrano.kofi75 wrote:What a disgrace to the British justice system!!!
Thanks Kofi for sharing, atleast we know where we are heading. I am 100% sure my solicitor don't know all these case laws as in my appeal he just write abt the best interest of the child which I think is article 8.Hope every thing goes well. Please don't for get to help us with that useful knowledge abt ZAMBRANO which is a gate way to our leave to remain.Obie wrote:Zambrano is a novel and complex area of law. Even the most experience of lawyers have issues with it. Judges deals with many areas of law. Immigration law is getting increasingly complex.
It is your duty to have printed the relevant legislative provisions, and the necessary authorities.
It is good he made you aware of his lack of understanding, so you could direct him appropriately.
In our appeal letter, it was actually written all the case law, etc, and sent a list of relevant case laws etc (actual bundle was about 1000 pages, and consited of FOI replys from the home office explaining the concept of Zambrano, the actual laws, etc (The Home Office documents actually make it clear the concept etc, so I think the HO PO will have a tough time arguing with the Home Office's official position on the matter...Obie wrote:Zambrano is a novel and complex area of law. Even the most experience of lawyers have issues with it. Judges deals with many areas of law. Immigration law is getting increasingly complex.
It is your duty to have printed the relevant legislative provisions, and the necessary authorities.
It is good he made you aware of his lack of understanding, so you could direct him appropriately.
forward some case laws to Kofi to save his time and also widen our chances to win the appeal plsewiggsy wrote:In our appeal letter, it was actually written all the case law, etc, and sent a list of relevant case laws etc (actual bundle was about 1000 pages, and consited of FOI replys from the home office explaining the concept of Zambrano, the actual laws, etc (The Home Office documents actually make it clear the concept etc, so I think the HO PO will have a tough time arguing with the Home Office's official position on the matter...Obie wrote:Zambrano is a novel and complex area of law. Even the most experience of lawyers have issues with it. Judges deals with many areas of law. Immigration law is getting increasingly complex.
It is your duty to have printed the relevant legislative provisions, and the necessary authorities.
It is good he made you aware of his lack of understanding, so you could direct him appropriately.
I think we need to buy some more paper and get a van to get to the court for my wifes appeal, just to be sure we dont miss anything
@Obie - What is the stance of Laptops in court? I know some magistrates confiscate mobiles etc... Are there laws to prevent opening and use of a laptop for reference etc.
Kofi check your PM inbox plse.kofi75 wrote:I went for my hearing on a refusal on our Zambrano refusal and my wife and I entered the court room for the judge and the HOPO openly admitting that they had no clue what the Zambrano regulation was about.The hopo was confusing zambrano with chen and started arguing that we do not fall within the zambrano because the child was not an EEA national(complete disaster).The judge seem to agree with her.Then i knew i had a huge task to explain to them the CJEU ruling on Zambrano and direct them to Article 20TFEU.Then the judge seem to get a picture of the case.He then admitted it wont be fair on our part to make a decision on something he has no knowledge about so had to adjourn the case for an hour so he could have time do some research about the whole case.We came back in an hours time and he got more confused an was still insisting Zambrano applied to EEA child.I now have to give him some case laws and he promised us that he was going home to read through all the articles and the caselaws i have directed him and luckily enough i had the ukba caseworkers manual on Zambrano and gave it to him.The hopo was only arguing on chen
He apologised for his low knowledge on the case and said the bundle was handed to him the morning of the hearing.He promised he ll be fair and make sure he reads through my witness statement and every note before he makes a decision.What a disgrace to the British justice system!!!
A lot of the case laws I sent are relating to Singh (In hopes) However, all of the FOI requests I've filed are on:sarahassy wrote:forward some case laws to Kofi to save his time and also widen our chances to win the appeal plse
( WDTK's Robert SimpsonFile list: https://dl.dropboxusercontent.com/u/278 ... PNlist.htm )Durable Partners
9. Due to the wording of regulation 26(3) a right of appeal can only be
restricted if a person claims to be a ‘family member’ or ‘relative’ of an
EEA national. This does not include durable partners applying as
extended family members of EEA nationals as they do not meet either
of these definitions. This means that durable partners will have a right
of appeal in all EEA decisions even where no evidence of relationship
or identity has been provided. Further detail can be found in policy
notice 08/11. It is important that caseworkers do not illegitimately
restrict appeal rights in such cases on the basis of any practice within
casework teams. (emphasis added)
Some lawyers don't even know much about zambrano, some haven't even heard of it. I remember when I took my case to my lawyer, he didn't even know much about it, and kept telling me to go for article 8, but when he saw I was adamant, he went online, printed the forms, did his research and was ready. So even Kofi is using a lawyer, he still needs to back him up.honeybay1 wrote:@kofi why dont you employ a standard lawyer to fight your case for you.i will rather spend my overdraft to sort out my status than stressing myself again.i know its hard to get the money,but trust me,it worth it.all this 3 year gone,if you had have your status sorted out,u will be working and earning money for your family by now.i wish you best of luck.
my close friend use lawyer to argue his own case last year after going to prison for fraud, he won instantly even the judge does not know anything about zambrano by then.the lawyer explain and support it with law documents and the judge grant him his visa on the spot.