Re-Consideration Of Ecm Review Prior To Hearing ?
Posted 22 September 2012 - 11:08 AM
(application of unamended section of EEA Immigrations Regulations no longer in force).
Its one thing to interpret law in an arguable but wrong way - its another to apply a law that no longer exists to support a decision and review.
see related topic
Posted 22 September 2012 - 11:35 AM
Posted 22 September 2012 - 12:28 PM
Is it acceptable to ask/prompt the Presenting Officer's Unit to consider conceding or is it a case of wait and see? If the case is conceded would it then be remitted back to the post ECO for consideration or would the Unit make a decision itself?
Having read previous cases it would appear the best a Tribunal could do is to remit the case back for re-consideration because:
a) No consideration was given under the current law, which means there has been no incorrect application of current law, and
b - There is a discretionary element to the ultimate granting of a Family Permit to an extended family member, that to my understanding, a Tribunal cannot make.
Edited by keftin, 22 September 2012 - 02:27 PM.
Posted 22 September 2012 - 01:29 PM
Do you have a lawyer?
Posted 24 September 2012 - 11:45 AM
From reading many reported and unreported Tribunal decisions, the difficulty with this appeal is that the ECO/ECM has not considered the applications under the correct regulation 8(2) so it's not simply a case of arguing that the interpretation of the right regulation was flawed and that it was not in accordance with current legal opinion. In the first instance the ECO believed the EEA Regulations allowed him to use the Immigration Rules as a matter of choice and this was compounded when the ECM review utilised unamended EEA Regulations (pre 2011) to justify the decision.
As there is a discretionary element to the issuing of a Family Permit for extended family members, previous tribunals have stated that they cannot remit an appeal for a previously denied family permit to be re-considered by the SSHD unless the first part of the process (consideration under EEA notions of depenancy and household membership) has been considered - which has not happened in this case. Regulation 8(2) was bypassed.
That is why I was wondering, that if the Presenting Officer's Unit conceded, would they then make the decision for the ECO (after having satisfing themselves as to the merits of the original application) or would it be just sent back to the ECO/ECM for them to reconsider under the correct regulations bearing in mind both the Tribunal's and Presenting Unit's comments?
Edited by keftin, 24 September 2012 - 12:01 PM.
Posted 24 September 2012 - 12:54 PM
Posted 08 November 2012 - 03:30 PM
Posted 26 November 2012 - 05:49 PM
Does anyone know if UKBA work to a max timescale when notifying the overseas post, when they have withdrawn from the appeal process?
The only published information I can find relates to outcomes when they have not withdrawn.
Edited by keftin, 26 November 2012 - 05:49 PM.
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