nora_804 wrote:Thank you so much, I will write a new letter to HO now. Have a nice weekendten513 wrote:nora_804 wrote:I got a letter for Home Office today, because I send a Pre-action protocol. The letter says:
Thank you for you pre-action protocol communication concerning the refusal (dated 29 september 2015) of your application for Residence card. You express surpise at the refusal and do not understand it, considering the evidence and information you provided.
Perhaps the explanation could have been clearer. The decision maker considers applications in stages, and each stage confirms that certain obligations have been met by the applicant, leading one stage into the next. The final stage is to recognise that all conditions are met. Unfortunately your application, detailed though it was, fell at the first stage that is, whether you have provided the requisite identity document(s). Although the refusal letter sets out the provision that
17.—(1) The Secretary of State must issue a residence card to a person who is not an EEA national and is the family member of a qualified person or of an EEA national with a permanent right of residence under regulation 15 on application and production of—
(a)a valid passport; and
(b)proof that the applicant is such a family member.
it does not clearly say, for which we apologise, that the passport ( that you explained was already in our possession), expired on 4 November 2013 and its thus not valid. Consequently your application was refused. As you have noticed, the letters refers to 17(1)(b) whereas it would better have referred to 17(1).
We apologise for that error also. Although you also provided an ARC card, this was not acceptable because your asylum application was refused and appeal rights have been exhausted. In the light of the foregoing, it is improbable that the court would find our action unlawful in conjunction with this explanation.
You might consider obtaining an up to date valid passport and applying again. If you cannot do so for reasons beyond your control, you might wish to fully explain the circumstances and provide an alternative form of identity with your application, for consideration
Hi Nora_804,
Processes and procedures for EEA documentation applications V3.0 Published for Home Office staff on 08 October 2015
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
It give clear instructions about
- Identification document and Alternative evidence of identity
Hope it help.
Have a nice weekend everyone.
I honestly do not think this applies to Nora's case. If you read the guidelines carefully, it states "an alternative evidence will not be accepted if an asylum application was refused and right of appeal has been exhausted".
The letter from HO also reiterates this point. I am of the opinion that only the submission of a valid passport will help your case.
I know you mentioned in your previous post that it is difficult to get a new passport from the embassy. Can I ask why?