Thanks Secret.simon and obie. I have found following errors of law in this decision. In paragraph 7 of decision Judge wrongly applied Devaseelan whilst according to devaseelan principles paragraph 38. Devaseelan can not be applied if new evidences and arguments are presented before second adjucator ...
You should be able to upload the operative part and remove personal details. I am not sure moderators are required to give you any particular permission. infct I am not able to upload a picture when i press insert image button i got image code on the board and i have to write image URL within that ...
Seen as your lawyer and your team misled the judge in relying on Pedro and Lim, it is likely that the UT will find that even if there was an error of law, you guys were responsible for it. The Devaseelen though was a totally different kettle of fish. If I could be granted permisson to post pics in ...
I think the lawyer is very confused, it is not Pedro and Lim V ECO that establish that previous dependency outside the UK is not necessary, it is Pedro V SSWP that establishes that. If he relied on that in the appeal, that may well have costed you success. It is a material misdirection in law, for ...
The Tribunal decision of Pedro and Lim vs ECO was appealed by the Home Office to the Court of Appeal. The CoA fine-tuned the decision. You need to prove that not only did you transfer funds to your parents, but also that they needed it to meet their basic needs (Paragraph 32 of the Court of Appeal ...
We have provided the comprehensive expenditure sheet with relevent receipts proving that theirPension doesn't suffice their essential expenditures. Our current issue is Devaseelan and permission of appeal in UT. In light of my above post I need help of respectable Moderators and members of this ...
My parents applied for EEA(FP) as dependent parents of spouse of an EEA national. ECO refused the application on the basis that we did not provide enough means of income showing that we can support our parents. secondly ECO made objection that in previous EEA(FP) dependent parents appeal hearing ...
It is like this. Right of appeal is not given by the Home Office, it is given by the EEA Regulations or in the case of Human Right, by section 82. Section 82 of the 2002 Act is different, in the sense that the Home Office may certify a person's right of appeal under Section 94 or other provision ...
About 40% of cases I know of are people whom Home Office refuse to confirm a right of appeal. The people nevertheless appealed and were successful. I 100% believe you have and appeal right and this must be pursued. Are you receiving legal representation from a lawyer? I am not receiving any legal ...
Was it because of failing 36 (2)? I do not think that is correct. In the case of this OP, it is 36(4)(b) (iii) that applies and not 36(2). He does have a right of appeal as he appears to have provided all what that regulation requires, and he should file in a notice of appeal. I applied for EEA Pr ...
In this case, i believe it may be best to wait for the outcome of the Reconsideration. The Court may refuse to grant you relief, or refuse to award cost, if you pursue JR in circumstances where the Home Office had agreed to reconsider the case. If it is any consolation, the Home Office have been ...
I am still confused.
What should i do?? We are still living at the same address and not divorced. But she is not ready to cooperate. Is it Ok not send her passport or id with my EEA4 application?? What should i do??
No i have not applied for the divorce yet and my residence card is still valid.
I have all required documents except Passport of my wife and she has refused to provide it.
Hello everyone. I am going to apply for EEA4 PR card i have been living in uk for more than 5 years and my wife has been exercising her treaty rights for all the time. I have all the proofs to show her treaty rights being exercised during last 5 years. My problem is that due to our matrimonial ...
