Confused with appeal process

[lyndsay89]

me and my husband are in the review stage. they have 4 weeks today(5th April) to decide what their doing. i was just wondering should we have a court date by now?. and I've heard that my husband has to take his bio-metric again. hes already done them when he applied for his settlement visa.will he have to take them again. thanks guys =]

[lyndsay89]

I have a court hearing a week on tuesday (14th may), we are fighting the fact we didnt have the english test in time for the application, we have our hopes up because the home office are going to ask us why i cant move out to honduras and be with my husband. But if you look online, where my husband is San Pedro Sula is the number one capital in the world with the highest murder rates. it isnt safe for us to be out there. so whats the chance of the judge allowing our appeal on compassionate reasons. we never tried to not take the english test. we have all the proof to show that we tried, we fit every other stuff in the application. it will risk alot of peoples lives if i had to go live out there. my family would have to go out there to see us putting them at risk, and when my and my husband have kids. i dont want to bring them up in a country like that. so if the judges allows our appeal on the fact that it isnt safe for us. can the home office still appeal the judges decision?. i heard 6 months ago there was a law put in place to stop the home office from appealing the judges decision for compassionate cases.

any advice would be great

[batleykhan]

I have a court hearing a week on tuesday (14th may), we are fighting the fact we didnt have the english test in time for the application, we have our hopes up because the home office are going to ask us why i cant move out to honduras and be with my husband. But if you look online, where my husband is San Pedro Sula is the number one capital in the world with the highest murder rates. it isnt safe for us to be out there. so whats the chance of the judge allowing our appeal on compassionate reasons. we never tried to not take the english test. we have all the proof to show that we tried, we fit every other stuff in the application. it will risk alot of peoples lives if i had to go live out there. my family would have to go out there to see us putting them at risk, and when my and my husband have kids. i dont want to bring them up in a country like that. so if the judges allows our appeal on the fact that it isnt safe for us. can the home office still appeal the judges decision?. i heard 6 months ago there was a law put in place to stop the home office from appealing the judges decision for compassionate cases.

any advice would be great

I would not worry to much about that question being asked of you.If you have got your English test pass certificate and can produce it, I think you will find the Adjudicators (Judges) who listen to your case are pretty sympathetic and understanding, unlike UKBA and their officials.

I think you and your hubby will succeed on Appeal.No you don't have to do biometrics again, but if you did a TB test, you might have to do another one as they are only valid for 6 months.

[lyndsay89]

hey guys,
just to let u all know, i went to my husbands court hearing today. it didnt turn out the way we wanted it. basically the home office presenting officer bought some new evidence. which was when my husband came into Gatwick airport and got refused. but the stuff the officer has wrote down that appainlty my husband had said was untrue. my husband swears he never said any of them. the document wasnt signed by an officer or my husband. so once we got into the court room. the judge, the home office and my barrister were talking about the english test. the judge decicied that because the home office gave new evidence so soon it isnt far on us because we wasnt prepared for it. but now the judge said the next hearing will be under article 8. the english test isnt an issue anymore. is that good news for us? as we have alot of evidence on why i shouldnt move out to Honduras as its to dangerous. the home office has to get the original paperwork from my husbands interview back in gatwick. but it isnt going to be the same as what they bought to the hearing. is it looking good for us?

[MPH80]

Based on what you've put and the fact the judge will be looking at article 8 then it means they've decided today that you don't qualify under the rules.

So it will come down to whether or not it's appropriate for them to ask you to relocate to Honduras.

M.

[lyndsay89]

hey guys,

i have one question to ask,

can an immigration officer look threw someones personal stuff.

i dont mean like your bag. when my husband got refused in gatwick airport. he had 2 really personal letters that i wrote him a few years ago in his wallet. the immigration office took them and copied them. im sure that is breaching article 8.

any advice would be great

thank you

[Ayyubi72]

To cut the long story short, yes immigration officer can look into personal stuff like letters.

You did not submit english test with your application, so your appeal was bound to fail. Lets see what they decide on article 8 grounds. If no children are involved, then does not seem like any chance anyways.