Procedure for Fresh Claim for Human rights Based on Family Life with child

[earre80]

Hi everyone. Did not know this forum existed until my ordeal, and I have come to notice that there is a whole heap of knowledge and lots of insight from moderators and users with experiences that are vital in diverse issues. Now I am here to kind of seek some sort of clarity if any about where my case is at the moment. I was meant to be going to court for appeal hearing next month and I had received the respondent bundle sent to the court by the home office presenting office weeks ago and was preparing mine alongside my legal representatives at the time and suddenly days before the appeal pre-hearing date my solicitor got a letter from the tribunal stating that the respondent wishes to withdraw the appeal and that they advise if i wish to withdraw my appeal so that they can commence with the reconsideration of my application. Days after that my solicitor got another email from the tribunal caseworker referring to the initial letter from the tribunal stating that the home office wishes to withdraw the appeal and now the tribunal wants to know if I the appellant consent to the withdrawal.

My question is, is this good news? how long do I have to contact the tribunal with my consent to withdraw before the hearing and does this means the home office is now going to grant me the LTR FP that is applied for? does a reconsideration mostly result in a change of original decision? Thanks

[Glory17]

Can you share your case and timeliness?

[earre80]

Hi Everyone. I am new here and will like your assistance. In 2016 I applied for FLR FP. I have a partner and 2 toddler sons, but at the time of my application, I only had one son. I had my biometrics done and ihs paid for then I got sent down to prison for 14 months which made me liable for deportation but my partner who is a British national regularly made representation to the home office on my behalf. My outstanding application was declined and I was sent a deportation order stating that my article 8 application has been declined, which I appealed against, then got bail after completing my custodial sentence. A week ago I got a message from my solicitor stating that they have been contacted by the tribunal saying that the respondent wishes to withdraw the appeal and that if I the appellant consent to the withdrawal, which I have already consented to.

*My Question is what happens next?
*My solicitor has delayed in contacting the court to consent the home office withdrawal, can I write the consent note myself and send to the court?
*Will the hearing still go on if my consent note gets to the court few days before the appeal hearing?
*Does this mean the home office initial decision will be overturned? if yes, is there a time frame for when I will be hearing from the home office with regards the overturned decision?

Any helpful advice will be appreciated. Thanks

[Garry20g]

Hi. I don't know much. But if HO withdraw appeal so that's mean they probably want to grant you visa.

[WIIL WAAL]

I think its good news, they will grant u a visa soon, I'm in same board i received a refusal from HO and i am still waiting note of the hearing latter from tribunal last 3 months, how long did it take you to receive note of the hearing from tribunal thanks

[earre80]

Hi WILL WAAL, I am not sure what your question is. Do you mean you are still waiting for letter from the Tribunal with regards to date for your appeal hearing? and how long it took me to get letter of confirmation for my appeal hearing? please let me know what your question is exactly so i can respond properly.

Thanks

[WIIL WAAL]

Hi, thanks for your reply yes, i receved the refusal letter from the HO on sep last year and i have lodged an apeal since then haven't received any letter from tribunal, I'm still waiting the note of the hearing letter so my question was how long did it take you to receive note of the hearing letter from tribunal? The other question is HO is refusing my human right application( i have a British wife and child) because they say i have committed a crime ( the crime was ive used false passport when i came to UK few years ago) they saying im danger to public so its public good to deport me!! Were they saying same thing in ur application when they refused you im bit confuse and if u don't mind did you go to jail before u make the application or after?

[earre80]

Hi WILL WAAL.. I think i got the letter from tribunal for the dates of my pre-hearing and oral hearing in about 4 weeks after i lodged my appeal against HO decision. I had an application with HO before i was sent down to prison. I personally think something is wrong with your appeal, I know a few people who have lodged appeals with first-tier tribunal and it did not take that long to get letter from court with the hearing dates.

Did you pay for oral hearing or paper hearing?
Did you lodge your appeal in the stipulated time?

[WIIL WAAL]

Thanks for your reply!

I'm so confuse too

My new solicitor submitted the appeal for me and i didn't pay anything as my solicitor is legal aid ( there is asylum claim as well ) i called the tribunal like 2 months ago and they confirmed that they received the appeal on time, i went to FTT before and i got refused this is the second time my application is Further submission( Fresh claim) maybe thats the reason they taken so long but i have never seen some thing like this

[earre80]

Hi All.. Please, I am so desperate for advice.

October 2018, I got deportation order issued against me and I appealed against it. A hearing date was set for the 1st of January 2019, only for the home office to write to the court that the decision has been withdrawn and the court subsequently wrote to me that my consent is needed to withdraw the case which I consented to, but gone 5 months I got a letter from the home office with another deportation order and the grounds which they are claiming is the same thing as the first deportation order they sent me of which they withdrew the decision.

Please, can anyone advice on what to do. Is it right for the home office to make me waste appeal fees, and lawyer expenses only for them to give the same decision again which they have already withdrawn?

Thanks

[earre80]

I have just been to the UT hearing for an error in law case, but the presiding Judge said there was no error in law from the FTTJ decision based on the evidence that was before the FTT Judge, but now that new evidence has appeared based on the nature of my British child`s condition, the Judge has granted that I make a fresh claim application to the secretary of state.

Can anyone share their insight on how the process works with regards to Fresh claim application based on human rights on family life, as I have found from my little research that the procedure is kind of different from the fresh claim application based on asylum? Thanks

*I will like to state that there is a deportation order issued

[earre80]

I have just been to the UT hearing for an error in law appeal, but the presiding Judge said there was no error in law from the FTTJ decision based on the evidence that was before the FTT Judge at the time of that hearing, but now that new evidence has appeared based on the nature of my British child`s condition, of which he was being accessed for autism spectrum disorder, but now diagnosis is very close, as we are at the last stage of proceedings with an official diagnosis. The Judge has granted that I make a fresh claim application to the secretary of state. Does that mean I still have the right to appeal to the court of appeal if I wish to? Still waiting for the Judge`s decision in writing.

Can anyone share insight on how the process works with regards to Fresh claim application based on human rights on family life with a British child, as I have found from my little research that the procedure is kind of different from the fresh claim application based on asylum? Thanks

*I will like to state that there is a deportation order issued

[CR001]

Kindly keep all your questions in your existing topic. Posts/topics merged.

[earre80]

Kindly keep all your questions in your existing topic. Posts/topics merged.

Sorry! I am not too conversant with the procedures here. Please have you go any insight into my situation?

[earre80]

Hi all!! please, I urgently need advice on how to go about my case. I recently got my appeal dismissed at the upper tribunal because the judge said the FTTJ made his judgment based on the evidence that was before him, so there was no error in law in that decision. There has been a new development in my case and I am thinking of making a further submission based on Article 8 Family/Private Life, but I need information on how to go about this. Do I have to make the submission in person at Liverpool or can I send it by post?

Please can anyone give me guidance, please

[earre80]

Kindly keep all your questions in your existing topic. Posts/topics merged.

Please, I need urgent advice!!! I want to make a further submission based on only Article 8 family/private life, as my appeal was dismissed at UT recently but the judge notified that since my circumstances have changed in my case I can make a submission to the home office with the fresh evidence I have. I am aware of Article 8 family/private life only further submission can only be done as a paid valid application, but my question is: Do I have to pay the full IHS fees again or can I use my existing IHS payment reference number for the further submission Article 8 family/private life only application?