SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

[mkhan2525]

The advocate opinion is esentially saying that extended family members should be treated more favourably than those entering a Member State under its domestic Immigrations rules but by no means should residency rights be guaranteed.

Whilst an unmarried partner may succeed under the Singh Judgment it is a big fat no for other family members.

[eubritish]

The advocate opinion is esentially saying that extended family members should be treated more favourably than those entering a Member State under its domestic Immigrations rules but by no means should residency rights be guaranteed.

Whilst an unmarried partner may succeed under the Singh Judgment it is a big fat no for other family members.

I don't think having a guarantee of issuing entrance or residence to partner/other extended family was ever the question. There is no entitlement for them because they are not family members but mere beneficiaries.

[Obie]

Whilst an unmarried partner may succeed under the Singh Judgment it is a big fat no for other family members.

I am not sure how or where you deduced the Big Fat no from.

The totally goes against the whole logic of the Opinion.

The AJ states that the UK position that Surinder Singh applies to Family member alone cannot be sustained.

The Advocate General state the fact that Extended family member were not mentioned in Singh does not mean it is incapable of applying to them. It made the point that the questions asked relates to family member, and hence the answer received. That the UK cannot use the answer to a specific question asked as a basis for saying the scope is confined to the answer given.

Firstly there is no indication in the opinion that the scope is confined to unmarried partner, as the court was dealing with unmarried partner so it needed to mention unmarried partner, but it does not mean that dependents were excluded. Infact i am of the view that there are strong argument that all Extended family members are covered by it.

[mkhan2525]

Whilst an unmarried partner may succeed under the Singh Judgment it is a big fat no for other family members.

I am not sure how or where you deduced the Big Fat no from.

The totally goes against the whole logic of the Opinion.

The AJ states that the UK position that Surinder Singh applies to Family member alone cannot be sustained.

The Advocate General state the fact that Extended family member were not mentioned in Singh does not mean it is incapable of applying to them. It made the point that the questions asked relates to family member, and hence the answer received. That the UK cannot use the answer to a specific question asked as a basis for saying the scope is confined to the answer given.

Firstly there is no indication in the opinion that the scope is confined to unmarried partner, as the court was dealing with unmarried partner so it needed to mention unmarried partner, but it does not mean that dependents were excluded. Infact i am of the view that there are strong argument that all Extended family members are covered by it.

Well my view wasn't in the context that Singh doesn't apply to other family members. I was concerned with the advocate's opninon suggesting Member States have discretion on what factors to consider when examing their personal circumstances.

Whilst an unmarried partner in theory have more rights than say an Aunt or a sibling there will undoubtedly be more strict criteria in place for other family Members. At the end of the day it is up to HO if they grant residency rights or not to extended family members. So it doesn't look good for other family members.

[Obie]

I don't think an aunt who is dependent on an EU citizen or a brother dependent on an EU citizen will have less rights that a person in a durable relationship. I did not see anything in the opinion that indicates that such is the view of the court.

The relevant factors applies to every one.

The relevant factors may include, for example setting out in national law how long a durable relationship should have existed, the evidence to provided to demonstrate durable relationship, how long dependency or membership of an household has existed for, the strength of the relationship of the applicant to the EEA national. These are factors which the have a discretion to determine, and that is what the court appear to be indicating.

[Obie]

Further analysis of the Opinion in Banger.

46. Although it forms no part of my reasoning in reaching this conclusion, it appears to me that an appeal before a Tribunal is a preferable procedure in this context to judicial review. I have already indicated that the tool of judicial review has proved to be flexible, capable of being shaped to different levels of intensity and intrusive enquiry, depending on the matter in hand. However, the hearing of an appeal before a tribunal is probably somewhat better as a procedure for the intensive review of the facts required by Article 3(2) of the Directive and required on the part of the Secretary of State by Regulation 17(5).

When one looks at the views of the court of appeal in Paragraph 46, and the views of the Advocate general which appears to align indirectly with the views of the court of appeal, it is clear that there is a lot for extended family member to be hopeful of it the court adopt the opinion of the AG.

[eubritish]

I agree. The view of the previous poster I believe is more pessimistic.

Opinion though doesn't mean anything for the Extended Family members going through the whole stress. The judgement of ECJ is 3 to 6 months away so the wait and misery continues.

[kashifsuhail]

A.A and hi everyone.my application is an extended family member of a European union. i have received a hearing date letter from first tier tribunal which is in october this year.

can anyone guide me about hearing and what kind of questions can the judge ask me? this is my first hearing since i submitted my appeal in july 2016.
and how many chances are there to win the appeal?
i am confused and worried about it.
i realy appreciate. thanks

[Imran_Mushtaq]

I also received hearing date of coming October 18.
Last year my appeal was dismissed due to SALA case and now upper tier tribunal again allow to hear my appeal at first tier tribunal.

[Raja2018]

Hi can you please tell when upper tribunal allowed your appeal for hearing as mine was allowed in end of january and remitted to ftt but still waiting for hearing date.

[Imran_Mushtaq]

My appeal was also allowed in last pf january and in mid of april i received the hearing date which is 26 October, 2018.
I am also little bit confuse about the result of Banger case. What will be happened? Will banger affact on this appeal?

[Raja2018]

A.A and hi everyone.my application is an extended family member of a European union. i have received a hearing date letter from first tier tribunal which is in october this year.

can anyone guide me about hearing and what kind of questions can the judge ask me? this is my first hearing since i submitted my appeal in july 2016.
and how many chances are there to win the appeal?
i am confused and worried about it.
i realy appreciate. thanks

Hi can you please tell when upper tribunal allowed your appeal for hearing as mine was allowed in end of january and remitted to ftt but still waiting for hearing date.
Please read the previous pages of msgs you will find some good answers about it. I haven't faced a judge for my appeal yet so I can't help you much.

[Raja2018]

My appeal was also allowed in last pf january and in mid of april i received the hearing date which is 26 October, 2018.
I am also little bit confuse about the result of Banger case. What will be happened? Will banger affact on this appeal?

Thank you for the reply, my appeal was not heard because of SALA but after the law changed it was allowed for hearing by UT. I believe Banger won't effect us. Good luck with your hearing, hopefully I will soon receive my letter for hearing date.

[kashifsuhail]

hi raja28 i applied for the appeal in july 2016. but in september 2016 the sala case came into effect.
then in july 2017 i received a letter from the court that i should send grounds otherwise the judge will take decesion in 14 days .but my solicitor said that we should wait for the sala case decision.
in january 2018 i called the tribunal and asked about the hearing date they said i will receive it very soon.
now i have hearing in 2 october 2018.
i have never been to court befor.

[Raja2018]

Thanks for the reply. I received a letter yesterday for my hearing date, it's end of September. Case was remitted to FTT by UT in end of January.

[kashifsuhail]

Thanks for the reply. I received a letter yesterday for my hearing date, it's end of September. Case was remitted to FTT by UT in end of January.

hi raja can you please tell me that have you been given direction by the first tier tribunal?
i have been given directions that i should submit my documents as soon as they are availabel and the home office must send all documents befor 1 MAY.
but i did not receive any documents yet.

[Shahbazraja786]

Hi I need opinion.my cause already refused 2 times of extended family member with my uncle.last time they said we accept u r his nephew but he was sending u money pakistan on your mum name not on your name.and 2nd I was allowed to work 2010 to 2014.they say he was not sporting u in these 4 years.my question is can I apply for new cause is better or I don't have any chances.
Because I don't want waste any more time and money.please give me a reply thank u

[Raja2018]

It's you life and your decision but I believe it's only for passing time haven't heard about any one who got a visavin this category . I got real brother who was sendind money on my name for 10 years when I was back home and I am living with him since arrived and fighting for almost four years but haven't got a visa yet but I am trying to just pass the time.

[Raja2018]

Thanks for the reply. I received a letter yesterday for my hearing date, it's end of September. Case was remitted to FTT by UT in end of January.

hi raja can you please tell me that have you been given direction by the first tier tribunal?
i have been given directions that i should submit my documents as soon as they are availabel and the home office must send all documents befor 1 MAY.
but i did not receive any documents yet.

Sorry for late reply they asked both parties to send the bundle to each other atleast 1 week before hearing date. What's your update ?

[kashifsuhail]

Thanks for the reply. I received a letter yesterday for my hearing date, it's end of September. Case was remitted to FTT by UT in end of January.

hi raja can you please tell me that have you been given direction by the first tier tribunal?
i have been given directions that i should submit my documents as soon as they are availabel and the home office must send all documents befor 1 MAY.
but i did not receive any documents yet.

Sorry for late reply they asked both parties to send the bundle to each other atleast 1 week before hearing date. What's your update ?

hi raja how are you?
the tribunal gave directions to both parties to share documents. and the dead line for the home office was 31 may but i have not received any thing yet.

[Obie]

Hope office mostly do not respond to directions, and they expect the Tribunal to uphold their decision.

[kashifsuhail]

Hope office mostly do not respond to directions, and they expect the Tribunal to uphold their decision.

hi obie how are you?have you got any update from the first tribunal court about new decisions of efm.please reply

[bek13]

Hi guys. I need advice
I am non EU unmarried partner of Irish citizen
Applied 07.02.2017
Refused 22.06.17
Appealed 06.07.17
In 2 weeks letter from FTT no valid appeal
In 15.10.17 received email from my solicitor that Sala was overturned.
My solicitor wrote to FTT that we appealed on time and Sala was overturned and after that we received letter from FTT saying that I appealed on 06.07.2017 but didnt make payment and asking for payment.
I made payment and end of december 2017 I received letter from FTT with confirmation of hearing date which is august 2018.
Now my solicitor try to say that FTT might give me hearing date by mistake and they may dismiss my appeal at hearind date. He said (solicitor) we have to get advice from barrister before the hearing date which will cost another £420 just for advice. I am anyway planing to go to hearing with barrister.
My question is: is it possible that FTT may dismiss my appeal at hearind date???
I am in durable relationship 19 month
Thank you guys.

[Shahbazraja786]

If they mention salah point in your refusal then they will listen your apeal.otherwise they dismiss your apeal

[Obie]

Hi guys. I need advice
I am non EU unmarried partner of Irish citizen
Applied 07.02.2017
Refused 22.06.17
Appealed 06.07.17
In 2 weeks letter from FTT no valid appeal
In 15.10.17 received email from my solicitor that Sala was overturned.
My solicitor wrote to FTT that we appealed on time and Sala was overturned and after that we received letter from FTT saying that I appealed on 06.07.2017 but didnt make payment and asking for payment.
I made payment and end of december 2017 I received letter from FTT with confirmation of hearing date which is august 2018.
Now my solicitor try to say that FTT might give me hearing date by mistake and they may dismiss my appeal at hearind date. He said (solicitor) we have to get advice from barrister before the hearing date which will cost another £420 just for advice. I am anyway planing to go to hearing with barrister.
My question is: is it possible that FTT may dismiss my appeal at hearind date???
I am in durable relationship 19 month
Thank you guys.

Unfortunately it seems the lawyer is trying to milk you. For that decision there is no right of appeal at present, pending the outcome of the decision in Banger.

He does not know what he is doing. He will take you down the abyss, the barrister fee will be a waste and the counsel fee for hearing will be a waste, as the Home Office will successfully argue that it is a decision made on or after the 01-02-2017 and therefore there is no right of appeal.