Family Appeal Allowed But Only Main Applicant Was Granted Leave To Remain

[Kandamaya11]

Please I need urgent advice on next step to take.

We made application on family life and private life, Wife was main applicant while Husband and Child were dependants. Application was refused and subsequently our appeal was allowed.

Home office sent BRP only to main applicant with letter stating leave to remain as parent. None to Husband and Child. We sent a letter requesting why no BRP was sent to Husband and Child and why leave should have been on family life and private life not Parent route.

They corrected it to leave on private life with reference to main applicant only. Stating since our application went to appeal and only main applicant paid appeal fees, they will only grant leave to main applicant (Wife). Requesting that Husband and Child should make a new application for leave using FLR FP.

We think this is an error on the part of Home Office because since we won our appeal as a family, leave should have been granted to all family members. There is no reason why husband and child should be asked to make another FLR FP application.

Anyone with knowledge of how to go about it should kindly assist.

[Obie]

That is normal i believe.

I have experienced similar problems with family appeal. Last yest a family of 6 who had their appeal allowed, received their BRP in 3 installments.

[Kandamaya11]

Thanks Obie for your response. Could you please explain further any reason why you think it's normal?.

Guess you are saying we need to make an another flr fp application despite family appeal allowed.

Even the child through which leave was granted based on 7 year rule was not given leave to remain and needs to make fresh application?

[Obie]

No fresh application need to be made.

All is say is that not all the BRPs are sent in one go, they tend to send them bit by bit, but residence will be issued for everyone.

[Kandamaya11]

Thanks... But we were told to make a new a flr fp application for husband and child. That's what shocked me and reason for asking for guidance.

[Obie]

Who told you that and why.

I cannot comment on why you were told that.

[Kandamaya11]

Home Office letter states only main applicant was granted leave because our application went to appeal and only main applicant paid appeal fees. Reason why leave was granted only to main applicants..

Husband and child should make application using flr fp.

That's the letter we got in response to asking why only main applicant has brp.. and none for husband and child.

[Obie]

If you did not lodge a notice of appeal for you and your spouse then that is a stupid mistake. Appeal should have been sent for everyone so judge could make a decision for everyone. Those advising your should have thought about that.

Due to failure to file appeal, it means judge did not have jurisdiction on your case.

It is a shame but you may have to apply again and possibly seek remission.

This is an own goal you should not have given to Home Office.

[Kandamaya11]

Appeal was in name of everyone. Wife main applicant, husband and child as dependants.

Even on appeal determination letter by Judge, it states that appeal allowed for main applicant therefore husband and child appeal allowed.

Husband, wife and child attended hearing.
Husband wrote witness statement
Husband was cross examined

[Obie]

I appreciate your point.

However was a notice of appeal filed for you and wife and was the relevant fees paid.

When the appeal application was filed who was it filed for.

Was it just your child's name or it was filed for everyone.

This is a legal question.

[Kandamaya11]

If I get you correctly, appeal was filed for wife, husband and child. Since Refusal notice came with each of us name.

We are on asylum support so fee waiver was applied.

Appeal was filed for everyone. Main applicant and two dependants.

Same for appeal determination, main applicant and two dependants.

Everything from application has always been name of each family member.

[vinny]

“appellant” means a person who has provided a notice of appeal to the Tribunal against an appealable decision in accordance with these Rules;

Then the Home Office letter may be a mistake.

[Kandamaya11]

Our application was based on 7 yr rule. Main applicant and 2 dependants.

Refusal letter came with name of main applicant and two dependants.

Appeal was lodged in name of main applicant and two dependants.

Each family member was present on hearing and Appeal was allowed based on child's 7 yr rule.

Judge's determination states

Name of main applicant and two dependants. And reason for allowing appeal.

Appeal allowed based on child's 7 yr... Therefore main applicant appeal allowed, subsequently husband and child's appeal allowed.

[vinny]

Did each person file a separate notice of appeal?

[Obie]

“appellant” means a person who has provided a notice of appeal to the Tribunal against an appealable decision in accordance with these Rules;

Then the Home Office letter may be a mistake.

Indeed that is the law.

If appeal was indeed lodged, then Home Office has not foot to stand on, and Judicial review application must be filed following a further warning via the pre action protocol, if they continue to maintain their stand.

[Obie]

The appeal form does not make provision for dependent. A separate form has to be signed for all parties, was this done, and was a total fee of £420 or £240, or a fee remission application made for exemption of the fees?

[Kandamaya11]

A single appeal was lodged as there was no reason to lodge different appeal for each person. Fee waiver was applied because we are on asylum support.

Our application has always been main applicant and two dependants in one place. Each person was part of the appeal.

[Obie]

A single appeal was lodged as there was no reason to lodge different appeal for each person. Fee waiver was applied because we are on asylum support.

Our application has always been main applicant and two dependants in one place. Each person was part of the appeal.

I am simply telling you what the law says. Appeal form has no dependent section as opposed to an Immigration application.

The law states that separate notice of appeal has to be filed for each applicant, with separate appeal reference for all of them.

If a judge deal with an appeal for 3 person when only one notice of appeal was filed, then he or she has not jurisdiction to do so, and the Home Office can ignore whatever he say about people for whom no notice of appeal was filed.

For every applicant, even if he or she is a baby of 1 day old, a separate notice of appeal has to be filed. so do not tell me there is not need. The law says there is a need.

[Kandamaya11]

Are you saying... The section on the appeal form asking if you are paying for any family members is irrelevant? Despite listing family members and relationship to them.

[Obie]

That section only relates to payment of appeal fee for notice of appeal which has been lodged. It does not absolve you of the requirements to provide notice of appeal for all appellant to whom a notice of decision relates.

The way it works is you fill notice of appeal for each appellant and sign it , but rather than filling fee payments for each, the father for example can pay for all of them on the fee section on his application.

That is all that means.

This is why I sometime advise people who are not familiar with the law to seek legal advise as these mistakes can be very costly.

[vinny]

Yes. The Home Office is disputing whether multiple persons, using only one form, gave a proper notice of appeal.

[Kandamaya11]

I quite understand you. This is the first time I will be hearing that appeal needs to be lodge for each applicant separately.

Every appeal we have made had been on a single application. Main applicant and two dependants.

The reason they gave was fee related... stating only main applicant fee was paid. which could have taken by whomever processes fees.

It is not relayed to lodging different notice of appeal forms. Fee could have been taking from main applicants form as you have stated. Because it contains each family members name.

[Kandamaya11]

But home office bundle sent to us regarding appeal contains each persons name and D. O. B as appellants.

If they had problem with the notice of appeal. Why was it not challenged before or during? Even after hearing why was it not challenged? When they had all the time to do so.

[vinny]

But home office bundle sent to us regarding appeal contains each persons name and D. O. B as appellants.

Interesting. It seems that both the Home Office and the Tribunal had accepted who the appellants were.

[Obie]

How many HU reference numbers did you get? Was it 3 or 1? Every appellant has to have an individual number.

It is only when a case reaches the court of Appeal that only 1-appellant notice can cover all appellants.