EEA2 refused and hearing.

[yassine2015]

Hello,
My husbands EEA2 application was refused saying my husband was an illegal entrant living illegally in the UK and for COL when we lived in France for 7 months.

We appealed and had our hearing.

At the hearing the Home office failed to send a representative, so therefore myself and my husband were not cross examined. Our barrister, began by telling the judge that my husband was not an illegal entrant as he arrived with his Article 10 residence card and therefore not illegal in the UK the judge seemed ok with that. then he went on to say he will take normal format proceedures.

My husband left the room and then our barrister asked me to confirm my name, my witness statement was mine and i agree to the content and asked me to sign the back page. Then our barrister ask the judge is he had any questions, he said no questions. so my husband came back in and did exactly the same and then further said no questions. then asked our barrister for her submission speech.

In all, there hearing took half an our.

My question is, how long has it been taking to receive a judges decision?
Can the judge also refuse on something he thinks is not right? Or does he only have to go on what the Home Office has refused us on??
Also, our barrister mentioned, the Akrich case law incase he was to say we circumvented the law, she mentioned o and b vs netherlands case law regarding our center of life.

has anyone else had a judge that has not asked any questions and got the EEA2 in the end?
Our judge showed no indication at all as to whether it will be allowed or not.

Thank you!

[noajthan]

What is HO's case regarding centre of life failings (whilst in France)?

[yassine2015]

The basically said, that i the EU spouse did not satisfy the center of life test in whilst living in France and never integrated into the community, to qualify under Surinder singh.

Because I didnt make an effort to learn French and did not join any social clubs etc.

My barrister made the point that learning french is not essentiasl as most people speak english in France and also, used the courts example of lawyers etc living in the EU who do not speak the national language of that country, and the fact it was not required to speak french in my job role.

Also, they say i had Arab friends and no french friends therefore the barrister said, being with in the Arab community in France does not make us any less integrated than anyone else in France.

[noajthan]

None of those HO items seem compatible with EU law.
And it seems judge did not entertain those issues.

[yassine2015]

yes, im worried incase he just wanted to go early so never bothered asking questions and then will read over our folder later.

Im worried sick, I hate waiting for the decisions, was wondering on how long it might take.

[yassine2015]

How long has people waited for a decision from a FTT judge regarding an EEA application?

In our case; EEA2.

[noajthan]

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