Home Office appealed against the Judges' Decision

[EEA Residence Card]

Dear Forum User,

I had a hearing in Tribunal about EEA Family Permit . After few days I received a written decision from the court saying the appeal has been allowed.

Within few days I receive another letter saying that Home Office has applied for permission for appeal in Upper tribunal.

I do not know what does this mean? and what is it going to happen?

Can anyone please tell me what will happen now. What will be the further process.

Your advice and suggestions will be much appreciated.

Yours faithfully

[Amber]

The Home Office think that that first tier tribunal has erred in law. It may be thrown out by the Upper Tribunal or allowed, you'll have to wait and see.

[chaoclive]

You might want to give some details about your case and someone on here might be able to give you some ideas/pointers. E.g. why was your EEA family permit refused in the first instance. What did the judge say at the first tribunal?

I guess you have a lawyer helping you to prepare for the appeal?

[EEA Residence Card]

The Home Office think that that first tier tribunal has erred in law. It may be thrown out by the Upper Tribunal or allowed, you'll have to wait and see.

I understand that the Home Office think that first tier tribunal has erred in law. But as per what the judge had read out that the appellant satisfies the EEA regulations on family member and hence the appeal was allowed.

But we have not yet receive the the grounds of appeal from the Home Office. But my worries is if the judges in first tier tribunal has found that the appellant satisfies the rules. How likely this is going to be dismissed by the upper tribunal.

If the upper tribunal is going to dismiss, will that mean the findings of the first tier judge is unlawful? If it was unlawful, does that mean the Judge in first tier tribunal do not know about the UK Law?How can this be possible?

[Amber]

Judges are human, they make mistakes or their interpretation of law is wrong, it happens, the appeal to the UTT may be dismissed. You'll have to wait.

[EEA Residence Card]

Judges are human, they make mistakes or their interpretation of law is wrong, it happens, the appeal to the UTT may be dismissed. You'll have to wait.

Judges are human, they make mistakes or their interpretation of law is wrong, it happens, the appeal to the UTT may be dismissed. You'll have to wait.

Dear Forum users,

The applicant had initially applied for EEA family permit back in 2008 from outside of EEA nation. It was rejected and wewent to appeal and the appeal was also dismissed under immigration rules s317(not all of its criteria was met as per the immigration judge).

We accepted the defeat and tried for at least visiting visa in mid of 2009. It got rejected again in the ground that the applicant would not go back to his/her home country if allowed as a visitor. This was merely based on the fact that the applicant had a history of different kind of application as EEA family permit back in 2008 and the fact there was nothing in support to show that the applicant will return back to the home country after visiting for certain period.

We appealed and it was allowed. On the appeal we showed that the applicant had a house and some farm land back in the home country and the applicant also have a daughter. The applicant came for 6 months and went back. We then applied for two years multiple visit visa. It was granted and the applicant came in the UK for second time and returned back in time. The third time when the applicant was here in the UK, we applied for EEA family permit in October 2012.

We received the rejection letter from Home Office in April 2013 and we appealed against the decision. Under EEA rules the non EEA family member is allowed to stay with EEA family member in the UK if the non EEA family do not have any financial support and its only the EEA family member who the non EEA family can turn for financial support.

We have included all the financial support papers from long ago. On this basis, I think the judge in first tier tribunal allowed the appeal. But we do not know why the Home Office appealed against the judges' decision.

Your advice and reply on this will be much appreciated.

Regards

[EEA Residence Card]

Judges are human, they make mistakes or their interpretation of law is wrong, it happens, the appeal to the UTT may be dismissed. You'll have to wait.

Yes anyone can make mistakes. But when I look into the EEA rules, the applicant has satisfies the criteria. But its only home office who do not seem to be satisfied.

[Amber]

That's their right to ask for an appeal if they so wish. Does not mean it'll be granted.

[Raghwani]

I had a appeal granted on human rights artical 8 by the first tier. been in the country for 13 years. a week later i got a letter in the post saying that home office have asked permission to appeal to upper tribunal so what does that mean? would it be accepted and where does that leave me?

[Alytm]

Hy i have a question , my husband is in uk since 2007 he is a romanian citizen he was sentenced for 2 years and 6 months in prision. Now he received a home office decision , that they want to deport him. He always worked in uk as a carpenter he paid taxes , we have a wonderful family with three kids all born in uk. In prison he worked full time he have qualification in prison and outside , we have the life here if he will go back he will not be able to work cos he didn't finish school in romania , he have here the qualification we have a lot of papers from another prisoners and one mp to tell that my husband is a good guy and he will not re-offend again. Now we are waiting for the court date to go at appeal against home office decision . Do you think that we have any chances to win ? I am so desperate to have him back in family . Thx in advance

[dalebutt]

What crime is your husband committed of? What year was he sentenced? has he been working since he arrived here?

[Iye]

Hi there, we were granted right to appeal, and faced a tribunal judge on 20th May 2015. He informed us our decision would sent to us in writing within 10 working days. It's nearly a month now, we keep calling up only to be told nothing has apparently come back from the judge himself. Is this normal? How or from who can we immediately find out what our position is? We're awfully worried. Many thanks

[Kabz30]

What if you win both the first tier and the upper tribunal.. can the home office still appeal?

[CR001]

What if you win both the first tier and the upper tribunal.. can the home office still appeal?

Kindly desist from digging up and tagging onto topics from 2014 and 2015, both in completely different sub forums.

Please start your own topic with your circumstances and relevant visa category.