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keshgrover wrote:Hi Guys,
I put my humble request to you all to help with couple of queries regarding my Uncle's case. Here is a short snap shot of the case :
1) Uncle is British and so do his son from his wife.
2) Wife was on student visa and applied for Tier 4 extension before getting married to him.
3) They got married and the day they were about to send FLR (m) for her they recieved her Tier 4 refusal as college collapsed.
4) They appeal against the decision and filed a new FLR(M) application on same day.
Here is the interesting bit :
5) HO wrote to them saying that their appeal grounds are Variable now and should be considered as a 'spouse of some one settled in UK'. A decision can not be made until appeal is heard.
6) They have had their appeal heard today and HO solicitor fired them all the questions about previous colleges she have been to. He also challenged their relationship and corss questioned them. Every thing went ok apart from my Aunty could not remembered all previous lectruars names and all the exams she have written sofar since last 5 years.
7) My uncle's barristar argued that appeal should be allowed as she has family ties now and have setup the life in UK.
8)HO insisted that they both should go back to origin of their country and establish life there as it does not really matter if my Uncle and his son are British.
9) Barrister attacked back saying that system should work on protecting citizens not kicking them out of the country. Law has been setup to protect the families of British Citizen and to avoid illegal people entering or settling in country.
10) Judge also asked he what he thinks under what section appeal should be allowed 248 or Article 8 (Human rights). (I think these are the right sections as he could not remember himself). And Barrister answered both as firstly she is the wife of British and secondly she have setup a family here.
However, at last when all arguments finished Judge said he keeps his decision reserve and will let them know between 12 to 28 days.
Now question arises here why 12 to 28 days? When usually it takes 5 working days to send the court decision. And then HO does have 12 working days to appeal against it.
I just can not work out. Is Judge trying to make base of his refusal OR it is just a normal practice?
Moderators you guys do have very vast experience dealing with these kind of troubles. At the moment my uncle and his wife are very worried. And they have not had any meal today. Saying they are so much worried and do not feel like eating at all.
Could you guys kindly put some light on this situation for me please, as this forum have always been a great help. And let us know what you think Judge should have done in this situation. Is it a yes or it is going to be reffered to upper tribunal.
Sincere Regards
Keshav
I am confused on this.First this case law deals with entry clearance so in my humble view judge is of the view that applicant should apply oversea and get entry clearance as he does not have to meet maintenance and accommodation requirement under ZN - AFGHANISTAN - FC case judgment.keshgrover wrote:Thanks Ali.
Just another query. I just found out from my Aunty that during the hearing Judge did ask the HO solicitor weather her case falls under 'ZN - AFGHANISTAN - FC'. And HO solicitor agreed. What does this mean? What is this ZN - AF......' And after this my uncle was put on several questions weather it would be possible for him to go back and get settled in his country of origin. He just said no. Could Moderators put some light on this please.
Sincere Regards
Thanks for the link Ali. I have gone through myself and just can not work out why would judge mention this judgement? Also he asked thier barrister that what he thinks under what section their appeal should be allowed? i.e. Weather it is Paragraph 281 or Article 8. And he answered both.alikhan28 wrote:I am confused on this.First this case law deals with entry clearance so in my humble view judge is of the view that applicant should apply oversea and get entry clearance as he does not have to meet maintenance and accommodation requirement under ZN - AFGHANISTAN - FC case judgment.keshgrover wrote:Thanks Ali.
Just another query. I just found out from my Aunty that during the hearing Judge did ask the HO solicitor weather her case falls under 'ZN - AFGHANISTAN - FC'. And HO solicitor agreed. What does this mean? What is this ZN - AF......' And after this my uncle was put on several questions weather it would be possible for him to go back and get settled in his country of origin. He just said no. Could Moderators put some light on this please.
Sincere Regards
I did a little research and found that this is a very important case judgment.I have a link for detail judgment for you.below
In short according to this judgment spouse for British person(who gained through asylum..means he was on asylum and obtained British citizenship) dont need to meet normal maintenance and accommodation retirements.
http://www.bailii.org/uk/cases/UKSC/2010/21.html
regards
Ali
You are welcome.For arctile8 read some important judgments likekeshgrover wrote:Thanks for the link Ali. I have gone through myself and just can not work out why would judge mention this judgement? Also he asked thier barrister that what he thinks under what section their appeal should be allowed? i.e. Weather it is Paragraph 281 or Article 8. And he answered both.alikhan28 wrote:I am confused on this.First this case law deals with entry clearance so in my humble view judge is of the view that applicant should apply oversea and get entry clearance as he does not have to meet maintenance and accommodation requirement under ZN - AFGHANISTAN - FC case judgment.keshgrover wrote:Thanks Ali.
Just another query. I just found out from my Aunty that during the hearing Judge did ask the HO solicitor weather her case falls under 'ZN - AFGHANISTAN - FC'. And HO solicitor agreed. What does this mean? What is this ZN - AF......' And after this my uncle was put on several questions weather it would be possible for him to go back and get settled in his country of origin. He just said no. Could Moderators put some light on this please.
Sincere Regards
I did a little research and found that this is a very important case judgment.I have a link for detail judgment for you.below
In short according to this judgment spouse for British person(who gained through asylum..means he was on asylum and obtained British citizenship) dont need to meet normal maintenance and accommodation retirements.
http://www.bailii.org/uk/cases/UKSC/2010/21.html
regards
Ali
Now What does it mean? I know a bit about Article 8 but what about Paragraph 281? And how it is applicable in their case.
Sincere Regards.
If I looked on case laws on article 8 and then to me this is a Yes.keshgrover wrote:Thanks Ali,
As long as I am aware of he did ask quite few questions. And reffered quite few judgements. He asked my uncle that on his child's birth certificate it says his wife is retail assistant. So was she working full time at the time of the birth of baby? He says no. She worked part time over a period of couple of months and after delivery she never been bothered. But still what do you reckon? Is it going to be a yes or no. Or going to be reffered to upeer tribunal?
See also Effect on family membersalikhan28 wrote:For arctile8 read some important judgments like
Chikwamba, Baku,WV,Razgar.All these are avalibale on Balli web site.
Thanks for the link Vinny. It has now become more confusing as Every Judge is standing with their opinion with individual cases. My uncle rang AIT and asked about decision this morning. And guess what? He was told that Judge is holding his decision reserve and wait for next 28 days. It is being just a nightmare.vinny wrote:See also Effect on family membersalikhan28 wrote:For arctile8 read some important judgments like
Chikwamba, Baku,WV,Razgar.All these are avalibale on Balli web site.
After all that long waiting, my uncle called ATI and hearing centre today. And after 3 weeks and 2 days decision is still reserved and case is with judge. I can not understand why judge is too long to give a decision.keshgrover wrote:Thanks for the link Vinny. It has now become more confusing as Every Judge is standing with their opinion with individual cases. My uncle rang AIT and asked about decision this morning. And guess what? He was told that Judge is holding his decision reserve and wait for next 28 days. It is being just a nightmare.vinny wrote:See also Effect on family membersalikhan28 wrote:For arctile8 read some important judgments like
Chikwamba, Baku,WV,Razgar.All these are avalibale on Balli web site.
John, What you say on this?
Wait for few more days and then ring and fax AIT for yours decision.After all that long waiting, my uncle called ATI and hearing centre today. And after 3 weeks and 2 days decision is still reserved and case is with judge. I can not understand why judge is too long to give a decision.
Is it really normal? Could seniors please put some light on.
Sincere Regards.
Thanks Ali.alikhan28 wrote:Wait for few more days and then ring and fax AIT for yours decision.After all that long waiting, my uncle called ATI and hearing centre today. And after 3 weeks and 2 days decision is still reserved and case is with judge. I can not understand why judge is too long to give a decision.
Is it really normal? Could seniors please put some light on.
Sincere Regards.
Nothing harm if you(the applicant) can send an email to AIT and ask for update.
Ali