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My Eea2 Application Refused

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#11 Victoria


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Posted 15 November 2012 - 09:15 AM

Did you get a solicitor? If you haven't had one so far you need one now.

You can't sue for libel.

#12 matthewolu



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Posted 16 November 2012 - 04:45 AM

i now have a solicitor.

#13 Mutly


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Posted 19 November 2012 - 10:36 AM

There is no requirement to speak English for a marriage to be genuine, any common language is perfectly sufficient. Either way that's easy to show with things like the letter from your priest. It sounds like the HO is clutching at straws. If you've been living together since you got marriage and can show that, then the marriage shouldn't normally be an issue.

The ECtHR in Strasbourg would be relevant if appealing on a human rights basis, it doesn't interpret and apply the European rules but can rule that a refusal of residence status violates your human rights. Your solicitor can advise on that, but as you say it would apply after a final refusal in the national courts, where you're currently fighting so that's the first priority.

Please can any one tell me these information?

1 After appeal in the First-tier and Upper Tribunal has been exhausted what next?
2 How can my matter be heard in ECJ?
3 How can I sue the UK Authority for Libel which has caused harm to my relationship?

You can seek leave to appeal to the Supreme Court, there are articles on when and how that can be possible on the free movement blog but I don't know enough on that point myself to say anything further.

The UK court or tribunal can refer a matter to the ECJ and although your solicitor can ask for that, it's up to the judges to do it. However it seems to primarily be that the HO refuses to accept the marriage as genuine, that's most likely best addressed in the tribunal/court although there is EU guidance and it's not impossible that the ECJ one day has a case in which it looks at member state procedures.

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