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Yes my son was born here they said your application does not fail for refusal on grounds of suitability in section s.ltr of appendix gmail under paragraph 276ADE
My post with the dot was merely to bring your topic to the top to merge with your new topic you posted in another non relevant part of the forum.
Thank u for very...stil learning from the forum..oh l did reply dear....
Thank you
check my posts, i had flrfp appeal aug 2017, we received our visas in Nov after we won our appeal and home office did not challenge the decision.Nikki06 wrote: ↑Sat Jan 20, 2018 2:57 pmHello Everyone need help.l just received refusal for my application had applied flp fp...lam an asylum my son turned 7 last year.my application was more based on him..l have 14 days to appeal.havent got a lawyer yet....can u please help with the advice on how to go about..and any experience you have gone through..
Ther reply was my son is not yet 18 he can stil settle anywhere l go with...l can explain further if u want...
Thank u very much let me search.how do l find it stil finding my way to forums..doubledee wrote: ↑Mon Jan 29, 2018 7:46 pmcheck my posts, i had flrfp appeal aug 2017, we received our visas in Nov after we won our appeal and home office did not challenge the decision.Nikki06 wrote: ↑Sat Jan 20, 2018 2:57 pmHello Everyone need help.l just received refusal for my application had applied flp fp...lam an asylum my son turned 7 last year.my application was more based on him..l have 14 days to appeal.havent got a lawyer yet....can u please help with the advice on how to go about..and any experience you have gone through..
Ther reply was my son is not yet 18 he can stil settle anywhere l go with...l can explain further if u want...
if you click on my username, you will see where to view my postsNikki06 wrote: ↑Mon Jan 29, 2018 8:41 pmThank u very much let me search.how do l find it stil finding my way to forums..doubledee wrote: ↑Mon Jan 29, 2018 7:46 pmcheck my posts, i had flrfp appeal aug 2017, we received our visas in Nov after we won our appeal and home office did not challenge the decision.Nikki06 wrote: ↑Sat Jan 20, 2018 2:57 pmHello Everyone need help.l just received refusal for my application had applied flp fp...lam an asylum my son turned 7 last year.my application was more based on him..l have 14 days to appeal.havent got a lawyer yet....can u please help with the advice on how to go about..and any experience you have gone through..
Ther reply was my son is not yet 18 he can stil settle anywhere l go with...l can explain further if u want...
Hello Kandamaya thank u very much for the information.my next question is do you send your evidence with the appeal form or you wil start to gather after you have sent..for the moment l don't have a lawyer was advice to start looking for lawyer wen l receive the court..wouldn't mind hearing your experience.how you sent your appeal..Kandamaya11 wrote: ↑Fri Feb 09, 2018 9:25 amFrom my experience, My family made an application when my son was over 6 years. Home office refused our application stating our child was 5 years and we should go back to home country. Whereas, at the time of decision child was over 7 years. We appealed in September 2017. Hearing held January 2018.
Our appeal was based on Article 8 ECHR AND 276 ADE Immigration rule. We didn't make use of any solicitor, so bundle was prepared by self using common case laws related to 7 year rule and Section 117 (6) B [A person who is not liable to deportation....]
---Letters from our child to Judge, and from his friends
---Letter from Child's School
---Evidences relating to our situation....medical report and other reason why we can't go back to home country.
On the day of hearing, Home office Presenting Officer, admitted there was a mistake with child's age, accepted our reference to MA Pakistan case law as stated in our bundle, but every other reasons given for reasonableness was not accepted by HOPO.
Judge couldn't see any reason that would tip the balance against allowing our appeal and based on Section 117 (6) B and having no criminal record. He allowed our appeal. Surprisingly, He went on to say how professionally our bundle was prepared in the appeal outcome letter.
If you are not using a lawyer, present your case as clear as possible, use common case laws related to 7 yr rule i.e MA Pakistan and others. Gather as much evidence as possible and state how it relates to your situation. Don't forget Section 117 (6)B. and most importantly Prayers.
If you are using a solicitor, assist him or her in preparing your bundle. You know your situation better than anyone.
N.B I don't offer legal service or advice, Have no legal background. Just sharing my experience for those that could pick one or two points.
Kandamaya11 wrote: ↑Fri Feb 09, 2018 4:20 pmAfter sending your appeal form, next thing is to start gathering evidences and preparing your bundle. Our bundle was sent 6 days to hearing, didn't get any bundle from home office till 2 days after hearing. All home office sent was copy of our application form and refusal letter. You will need to send your evidences with the bundle not later than 5 days before hearing.
At the moment, can't send private message. Once I can do that, will send you detailed explanation on how bundle was prepared and contents of skeletal argument and relevant case laws.
Hope it helps.
You don't have access to the privilieg of the PM function as you are a new member as is the user replying to you.Nikki06 wrote: ↑Fri Feb 09, 2018 5:20 pmThank you very much wil be sending my appeal on Mon.myself lam new in the group don't know how to wrk but wld have loved for further explanation n the bundle you sent..l was reading that the Judge might consider your case even with the evidence you submit in your appeal..so l was so hoping to have the all information.. How does 1 send a private message..Can admin help on this.....
Lam gona send Abit of supporting evidence on my appeal coz l read..They might consider your case without court based on your appeal evidenceNikki06 wrote: ↑Fri Feb 09, 2018 5:20 pmKandamaya11 wrote: ↑Fri Feb 09, 2018 4:20 pmAfter sending your appeal form, next thing is to start gathering evidences and preparing your bundle. Our bundle was sent 6 days to hearing, didn't get any bundle from home office till 2 days after hearing. All home office sent was copy of our application form and refusal letter. You will need to send your evidences with the bundle not later than 5 days before hearing.
At the moment, can't send private message. Once I can do that, will send you detailed explanation on how bundle was prepared and contents of skeletal argument and relevant case laws.
Hope it helps.
Thank you very much wil be sending my appeal on Mon.myself lam new in the group don't know how to wrk but wld have loved for further explanation n the bundle you sent..l was reading that the Judge might consider your case even with the evidence you submit in your appeal..so l was so hoping to have the all information.. How does 1 send a private message..Can admin help on this.....
Thank you very much l wil try and work with the guide.Admin said members can't private messageKandamaya11 wrote: ↑Fri Feb 09, 2018 11:31 pmThe content of my appeal bundle:
1. Immigration History
2. Skeleton Argument ---Error of law as it relates to your case, decision maker not engaging with section 55 or Article 8, Address any area mentioned in refusal letter that is not true.
3. Applicable case laws...MA PAKISTAN, PD SRI LANKA, JO AND OTHERS, Zoumbas, ZH Tanzania, MM Uganda,Azimi Moayed 2013 UKUT 197, EV Philippines, LD 2010 UKUT 278, EA 2011 UKUT 315.
4. Relevant Paragraphs of Immigration Rules & IDIs ---276 ADE, Section 117 (6) B, IDI Policy Statement, Article 8 ECHR.
5. Witness Statement ---Prepared BY ME
6. Medical Report
7. School report
8. Other supporting documents: Letter from volunteering agency,church or mosque, from families and friends, from child and friends,evidence relating to why you don't wanna go back if any.
Not possible for me to post here all content of bundle...soon as private message is available that wouldn't be a problem.
N.B : This is just a guide.