Appeal to the upper tribunal by homeoffice

[shampali]

Hi
My application was refused for my wife to come over to UK to live with me because of not enough evidence that I would able to support her financially, I went to appeal and than I won the appeal, I was all happy and was thinking that that was it and she will come over now,

but I received a letter today stating that the homeoffice asked for permission to appeal to the upper tribunal against that decision.

All I want to know is what is going to happen next? should I prepare myself for another hearing or what and is it normal for the home office to appeal against a judges discussion, I will appreciate all the help

Thanks

[Mr Rusty]

Have a look at this page regarding the functions of the Upper Tribunal:-

http://www.justice.gov.uk/guidance/cour ... /index.htm

Maybe this is the most important section to help you understand it:-

The Upper Tribunal will decide whether the decision of the First-tier Tribunal was correct in law. If the Upper Tribunal deems that an error of law has been made in the decision of the First-tier Tribunal, it can substitute its own decision in place of it, or order the First-tier Tribunal to rehear the initial appeal.

Presumably you have legal representation to offer you further guidance. If the letter says UKBA have asked for permission to appeal, the first thing is to wait and see if it's granted.

[shampali]

thanks alot for this information very usefull

[jp70]

Hi
My application was refused for my wife to come over to UK to live with me because of not enough evidence that I would able to support her financially, I went to appeal and than I won the appeal, I was all happy and was thinking that that was it and she will come over now,

Nice to hear that these appeals can work. Also good that they are independent judges I suppose.

[ddolheguy]

Hi shampali.... Just wondered if you'd receieved a Upper Tribunal hearing date?

I'm in a very simulate situation by winning the first tier, but the HO appealled and now I'm waiting for the Upper. Problem is they don't have to process the request in any timeframe, so welcome to the slow lane.

[N8gal]

Hi there,
Unfortunately i`ve just joined the club. My husband is Albanian and I`m British, we won our FTT last Tuesday then got the dreaded call yesterday the the HO are appealing to the UT. Honestly it`s such a farce!

My barrister told me I have to wait 2 weeks to find out the HO`s reasons against the appeal. Then will know more then. I read this on the internet-

The Upper Tribunal will decide whether the decision of the First-tier Tribunal was correct in law. If the Upper Tribunal deems that an error of law has been made in the decision of the First-tier Tribunal, it can substitute its own decision in place of it, or order the First-tier Tribunal to rehear the initial appeal.

In my case I hope they go for the oral appeal as on paper we`re screwed!

Its my husband they don`t believe due to his immigration history, they believe my reasons are genuine. But as my husband `deceived` the HO for more than 10 years they think he`s now `deceiving` me into a fake marriage.

Has anyone heard about their case, whether they are re hearing the appeal?