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Please help!first tier refusal to appeal what to do next?

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fudgecake
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Posts: 4
Joined: Sat May 31, 2014 1:44 pm

Please help!first tier refusal to appeal what to do next?

Post by fudgecake » Wed Jun 04, 2014 9:03 pm

My partner has been living in the uk for almost 13 years with all family in uk too, his country of orig is Zimbabwe with no ties to that country. 5 years ago he attended an interview to be able to stay in uk that was refused unknowingly as Mail was not received - we appealed the decision at the first tier tribunal this year and tried to apply for asylum article 8 family and private life as I am a British citizen but this was dismissed, we then appealed this as an error in law but was refused as was just seen as a disagreement with the judges decision with no arguable error of law - we only have a couple of days left to decide wether to appeal to the upper tribunal but this states only apply if there has been an error in law-is there a fee to appeal? or is there is another application we can make? I have looked into flr(Fp) but this states you cannot make an application when an application for asylum is refused? I hope some one here can help us!

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Please help!first tier refusal to appeal what to do next

Post by Zee ali » Wed Jun 04, 2014 10:16 pm

fudgecake wrote:My partner has been living in the uk for almost 13 years with all family in uk too, his country of orig is Zimbabwe with no ties to that country. 5 years ago he attended an interview to be able to stay in uk that was refused unknowingly as Mail was not received - we appealed the decision at the first tier tribunal this year and tried to apply for asylum article 8 family and private life as I am a British citizen but this was dismissed, we then appealed this as an error in law but was refused as was just seen as a disagreement with the judges decision with no arguable error of law - we only have a couple of days left to decide wether to appeal to the upper tribunal but this states only apply if there has been an error in law-is there a fee to appeal? or is there is another application we can make? I have looked into flr(Fp) but this states you cannot make an application when an application for asylum is refused? I hope some one here can help us!
I have looked into flr(Fp) but this states you cannot make an application when an application for asylum is refused? I hope some one here can help us!

Where u looked this?
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

fudgecake
Newly Registered
Posts: 4
Joined: Sat May 31, 2014 1:44 pm

Re: Please help!first tier refusal to appeal what to do next

Post by fudgecake » Wed Jun 04, 2014 10:25 pm

On the guidance notes for the flr form.

Thank you for your reply

fudgecake
Newly Registered
Posts: 4
Joined: Sat May 31, 2014 1:44 pm

Re: Please help!first tier refusal to appeal what to do next

Post by fudgecake » Wed Jun 04, 2014 10:28 pm

I have looked into flr(Fp) but this states you cannot make an application when an application for asylum is refused? I hope some one here can help us!

Where u looked this?[/quote]




You must not use this form
• to make an application for asylum or international protection (this includes an application for humanitarian protection or an Article 3 European Convention on Human Rights (ECHR) appli- cation made on protection grounds); or to make further submissions on asylum or human rights grounds after the refusal or withdrawal of an earlier asylum or human rights claim.

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Please help!first tier refusal to appeal what to do next

Post by Zee ali » Thu Jun 05, 2014 2:28 am

fudgecake wrote: I have looked into flr(Fp) but this states you cannot make an application when an application for asylum is refused? I hope some one here can help us!

Where u looked this?



You must not use this form
• to make an application for asylum or international protection (this includes an application for humanitarian protection or an Article 3 European Convention on Human Rights (ECHR) appli- cation made on protection grounds); or to make further submissions on asylum or human rights grounds after the refusal or withdrawal of an earlier asylum or human rights claim.[/quote]

it means u can't use this form for asylum, protection or further submission on a previous asylum or human rights ground

R u making asylum or protection claim again?

if not that use this form for your established private life, british partner and british kids.

U can use this form for Article 8 human rights and private life claim.



Family life as a partner (10 year route)
• Family life as a parent (5 year and 10 year routes)
• Private life in the UK (10 year route)
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Keffy
Newly Registered
Posts: 11
Joined: Thu Jun 05, 2014 3:46 pm

PLEASE HELP APPEAL WITHDRAWN WHAT NEXT

Post by Keffy » Thu Jun 05, 2014 4:58 pm

CAN SOMEBODY PLEASE HELP ME WITH THIS ENQUIRY:

I made application with my family under FLR(O) to UKBA on 2nd Nov 2012, were refused leave on 25th March 2014. Appealed and the date for appeal was 10th June, 2014 but on 4th June 2014 we got a letter of withdrawal from HO.

We got a letter from HO through our lawyer that we have submitted further evidence....that the immigration decision is being been withdrawn so that they can reconsider the new evidence. That a new decision will be made and notified to us in due course.

Please does any one know what next to do and also the time frame with which this will take. Will UKBA require additional evidence and is this the standard withdrawal letter from the UKBA?

Thank you in advance

Keffy
Newly Registered
Posts: 11
Joined: Thu Jun 05, 2014 3:46 pm

PLEASE HELP APPEAL WITHDRAWN WHAT NEXT

Post by Keffy » Thu Jun 05, 2014 4:58 pm

CAN SOMEBODY PLEASE HELP ME WITH THIS ENQUIRY:

I made application with my family under FLR(O) to UKBA on 2nd Nov 2012, were refused leave on 25th March 2014. Appealed and the date for appeal was 10th June, 2014 but on 4th June 2014 we got a letter of withdrawal from HO.

We got a letter from HO through our lawyer that we have submitted further evidence....that the immigration decision is being been withdrawn so that they can reconsider the new evidence. That a new decision will be made and notified to us in due course.

Please does any one know what next to do and also the time frame with which this will take. Will UKBA require additional evidence and is this the standard withdrawal letter from the UKBA?

Thank you in advance

fudgecake
Newly Registered
Posts: 4
Joined: Sat May 31, 2014 1:44 pm

Re: Please help!first tier refusal to appeal what to do next

Post by fudgecake » Thu Jun 05, 2014 8:26 pm

Zee ali wrote:
fudgecake wrote: I have looked into flr(Fp) but this states you cannot make an application when an application for asylum is refused? I hope some one here can help us!

Where u looked this?



You must not use this form
• to make an application for asylum or international protection (this includes an application for humanitarian protection or an Article 3 European Convention on Human Rights (ECHR) appli- cation made on protection grounds); or to make further submissions on asylum or human rights grounds after the refusal or withdrawal of an earlier asylum or human rights claim.
it means u can't use this form for asylum, protection or further submission on a previous asylum or human rights ground

R u making asylum or protection claim again?

if not that use this form for your established private life, british partner and british kids.

U can use this form for Article 8 human rights and private life claim.





Family life as a partner (10 year route)
• Family life as a parent (5 year and 10 year routes)
• Private life in the UK (10 year route)[/quote]




We have appealed to the first tier for asylum but was dismissed and appeal refused also, we have until tomorrow to appeal this to the 2nd tier as an error in law but the judge said there is no error, can we use the flr form to apply for leave when the appeal and asylum claim have been refused?

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