Obie wrote: ↑Fri Dec 01, 2017 11:51 pm
I found it most strange that despite PAP you were not given at least a right of appeal.
In 3 of the matters i was associated with, a right of appeal was granted in one following a reconsideration, and a refusal was then made on an entirely different basis.
In one the application was granted.
In another one they refused with a right of appeal, and the appeal have since been allowed on the papers.
There must be something about your case, as Home Office have since taken a step back. They are refusing still on ID but they are giving people a right of appeal, as they know a JR against them is very likely to succeed.
Hi Obie, may be i didn't explain very well enough.
When they refused my initial application they listed EX-ID and other four STUPID & BASELESS reasons stating that 'you have not supplied adequate evidence of,
1. My treaty right---(Despite submitting HMRC work record for 5years, with P60, PAY SLIPS AND BANK STATEMENT plus letter from my employer)
2. My Ex treaty right--- (Despite submitting HMRC work record for 5years, with P60, PAY SLIPS AND BANK STATEMENT)
3. Evidence of divorce--- (despite submitting decree absolute...LOL)
4. Evidence of living in the UK FOR 5years ---(Despite being in their record that i have been the UK for over 6years)
When my solicitor wrote reconsideration PAP letter they didn't out-rightly respond on the right to appeal matter, rather they only emphasized on the non provision of Ex-ID and they stylishly dropped these mentioned four points stating because i didnt supply EX ID considerations was not given to the rest of the documents i submitted. . My solicitor now wrote the tribunal correcting them that my Right of appeal was derived from the EEA Regulations and not from any case worker. Next thing we received was an acknowledgement letter from the First Tier Tribunal saying they received our appeal and they will tell us the next thing to do. The following week they sent a letter requesting me to go and pay court fees and this was followed by giving me First Tier appeal date in April. How ever we havent heard anything from the initial application for permission for JR that we already lodged, the last thing we were told was that its yet to be allocated to a judge. Lately my solicitor wrote both the upper and lower tribunal asking them to look into my case and decide which of them is going to handle it as technically its like i am have a case in both the lower and the upper tribunal at the same time.We havent got any response since then.