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Permission to appeal Upper Tribunal granted

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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nuille
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Posts: 18
Joined: Sat Dec 13, 2014 11:45 am

Permission to appeal Upper Tribunal granted

Post by nuille » Wed Feb 18, 2015 7:26 pm

Hi guys,

First Tier appeal dismissed 13/12/2014
Application for permission to appeal submitted 27/12/2014
Notice of Decision 13/02/2015

My application was considered out of time.
The judge considered some of my grounds arguable but not all " While the remaining grounds are weaker I do not reject them"
The notice of direction states:
1. Any response which the respondent to this appeal wishes to make under rule 24 of the Tribunal Procedure (Upper Tribunal) Rules 2008 must be sent or delivered to the Upper Tribunal so that it is received no later than 14 days after the respondent was sent notice that permission to appeal had been granted. At the same time, a copy of the response must be sent to the appellant.

2. The parties are reminded of the need to make an application pursuant to rule 15(2A) of the Tribunal Procedure (Upper Tribunal) Rules 2008, where appropriate, and of the requirements of that rule.

3. The parties shall prepare for the forthcoming hearing on the basis that if the Upper Tribunal decides to set aside the determination of the First-tier Tribunal any further evidence, including supplementary oral evidence, that the Upper Tribunal may need to consider if it decides to re-make the decision, can be so considered at that hearing.
5. The parties are to serve on the Upper Tribunal and the other party, not later than 21 days after these directions were sent:
(a) an indexed and paginated bundle, containing all documentary evidence upon which it is intended to rely at the forthcoming hearing, pursuant to rule 15(2A); and
(b) where it is intended to develop the grounds of appeal, a skeleton argument (with authorities).
6.A party is not required to re-serve any documentary material that he or she has previously filed with the First-tier Tribunal; but in all cases an index of all material to be relied on, including that previously filed, shall be served on the Upper Tribunal and the other party, not later than 21 days after these directions were sent.
I am struggling to get clarity on this 15(2A) rule.
Is it wise to develop the grounds of appeal or do the grounds served in the application suffice?

nuille
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Posts: 18
Joined: Sat Dec 13, 2014 11:45 am

Re: Permission to appeal Upper Tribunal granted

Post by nuille » Mon Feb 23, 2015 7:38 pm

anybody? :shock:

nuille
inactive
Posts: 18
Joined: Sat Dec 13, 2014 11:45 am

Re: Permission to appeal Upper Tribunal granted

Post by nuille » Tue Feb 24, 2015 7:53 am

Ive received a letter from HO stating that they challenge the appeal and will prepare their trial bundle.
they also requested an oral hearing, which i was under the impression was happening anyway.
should i be worried or is this normal procedure?
i am worried.
anybody please?

Obie
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Location: UK/Ireland
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Re: Permission to appeal Upper Tribunal granted

Post by Obie » Tue Feb 24, 2015 11:09 am

That is a rule 24 Notice. Home Office always sends it. So it is little surprise .
Smooth seas do not make skilful sailors

nuille
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Posts: 18
Joined: Sat Dec 13, 2014 11:45 am

Re: Permission to appeal Upper Tribunal granted

Post by nuille » Tue Feb 24, 2015 1:41 pm

thanks obie

and they are required to send me a copy of the arguments they wish to present right?

nuille
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Posts: 18
Joined: Sat Dec 13, 2014 11:45 am

Re: Permission to appeal Upper Tribunal granted

Post by nuille » Wed Feb 25, 2015 7:08 pm

Hi can anyone help answer this question: am i supposed to include a witness statement in the appeal bundle or just the the documentary evidence one would want to rely on? there seems to be contradictory information on this

nuille
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Posts: 18
Joined: Sat Dec 13, 2014 11:45 am

Re: Permission to appeal Upper Tribunal granted

Post by nuille » Fri Feb 27, 2015 8:56 am

anybody pls?

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