# oral or paper appeal eea2



## fawad1990 (Dec 9, 2014)

I m new to this forum I need some help.
My case was refused in September and I had sent appeal form to the tribunal and now they sent me oral hearing date which is in February next year. 

My question is can I go alone to the court with further proof of documents or do I need solicitor or barrister to take with me.
What will they ask me in court ? 
Will it be a long interview?
Some body told me even if you no go my solicitor can represent me is that true?
Can I go without taking my wife with me?
Who will ask me questions like judge or caseworker? 
Sorry for too many questions. 
Thanks in advance


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## Joppa (Sep 7, 2009)

You can go on your own or your lawyer can represent you (but will cost you a lot).
It will be fairly informal, more like a discussion rather than Perry Mason-like court battle. It's possible that Home Office won't bother to turn up, and you win your appeal by default, but don't count on it.


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## fawad1990 (Dec 9, 2014)

Hi Joppa
Thank you very much for your reply. 
Yes your are right I asked one solicitor they say we will charge you 1400 pounds.
But to be honest I can't afford that. 

Some more question Joppa

Can I go my own without my partner?

Is she must need to go or not with me to court ?

Who will ask me questions in court judge or home office caseworker? 

How long will be like interview or questions? 

Sorry for some questions. 

Thanks


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## Joppa (Sep 7, 2009)

Who is appealing, you or your partner? If your partner had her EEA2 denied, then she should attend and you can accompany her. You may be able to address the court but it's at the judge's discretion.
Judge will preside and ask questions. Everything will be through him/her.
It's not an interview. It's a court session. May take 15 min or one hour. Can't tell.
You won't get the judge's decision straight after the hearing but you will get it in writing within 2 weeks.


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## fawad1990 (Dec 9, 2014)

Hi Joppa
Thank you for your reply. 
My partner she is EU my eea2 has denied. 
So is she ( eu) need to go with me and is it necessary she go with me.
Thanks


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## Jrge (Mar 22, 2011)

Hi,

The whole reason you had appealed is to prove you are in a legit relationship, right? Or to prove your EU-sponsor is exercising treaty rights, right?

Your EU-sponsor must be there available for questioning. That Solicitor you had contacted must had told you that.

Animo
(Cheers)


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## fawad1990 (Dec 9, 2014)

Hi 
Thanks to all. 
I have decided to go for paper decision.


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## _shel (Mar 2, 2014)

Hysterical. Some very odd posts here today.

How do you think a judge will have a different opinion on the genuineness of your relationship from only your handwritten submission and having not seen and questioned both you and your partner?


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## fawad1990 (Dec 9, 2014)

Hi
The only one reason I m going to paper decision because I can't afford barrister cost


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## _shel (Mar 2, 2014)

You do not have to have a barrister. You can represent yourself, many do it all the time.


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## GWH64 (Nov 22, 2014)

fawad1990 said:


> Hi
> The only one reason I m going to paper decision because I can't afford barrister cost


I must be missing something here. If you're originally from the UK i.e. born there, how come you're not an EU citizen?


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## nyclon (Apr 3, 2011)

GWH64 said:


> I must be missing something here. If you're originally from the UK i.e. born there, how come you're not an EU citizen?


The poster is the spouse of an EU citizen who is not a UK citizen. They were refused an EEA2 permit.


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## _shel (Mar 2, 2014)

That aside not everyone born in the UK is a citizen, has been that way for a long time.


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## fawad1990 (Dec 9, 2014)

Hi all 
My appeal hearing was today but I told them to give me decision on paper. I have given them all supporting documents and I have also clear them all refusal points. 

My question is how long will the court or home office take to give me decision on paper. ?
Eea2 application
Thanks


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## _shel (Mar 2, 2014)

Who knows, depends how complex it is. Did they give no indication when you would hear from them?


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## fawad1990 (Dec 9, 2014)

Hi 
Court has postponed my hearing. My hearing was last week. Why they postpone anyone in same situation. 
Is it good or bad?
Thanks


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## Joppa (Sep 7, 2009)

Why was it postponed (adjourned)? If Home Office asked for more time to prepare their defence, it can be a bad sign and they are really going to fight it. Do you have a good lawyer handling your case?


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## fawad1990 (Dec 9, 2014)

Thanks Joppa 
We have clear all refusal points to home office . They didnt say about more time and even they havent wrote or fax to my lawyer.A very good lawyer is representing my case in a court . But I rang to court they said no judge was available for hearing day . I don't know the court receptionist lady lie or what I don't know why they adjourned. 
Joppa what do you think. 
Thanks


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## Joppa (Sep 7, 2009)

OK. Then the delay hopefully won't be long until another judge can be assigned.


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## fawad1990 (Dec 9, 2014)

Hi Joppa
As I have explained in my previous thread my court hearing date was adjourned. 
Now they give me another date which is in next I know they give me soo quick near date. 
Will be any problems for us not to go court for oral hearing because we had already told court that we want decision on paper. 
Or 
If they not allowed appeal than will they give us again right of appeal
And can we go to high court to challenge them.
Any idea about high court appeal fee like lower tribunal fee is 80 or 140 pounds. 
Thanks


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## Joppa (Sep 7, 2009)

You do have a legal advisor to guide you?


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## fergie (Oct 4, 2010)

fawad1990 said:


> Hi Joppa
> Thank you for your reply.
> My partner she is EU my eea2 has denied.
> So is she ( eu) need to go with me and is it necessary she go with me.
> Thanks


I would say, that the best and most honest proof you are in a genuine marriage to an EU wife, is to take her along with you to court.To prove you are not in a marriage of convenience, as your wife is no doubt your sponsor.


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## fawad1990 (Dec 9, 2014)

Hi fergie
Thanks for your reply. 
Basically we are not married in court . We sent unmarried partner case


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## fergie (Oct 4, 2010)

fawad1990 said:


> Hi fergie
> Thanks for your reply.
> Basically we are not married in court . We sent unmarried partner case


Ok, but you refered to her as your wife, in the opening thread?, whatever ! if she is your sponsor it would give add more credence to your case.


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## fawad1990 (Dec 9, 2014)

Hi 
Our court hearing was on Wednesday. We didn't went to court as we already informed court that we want decision on paper. 
Now how long they gonna take to give us decisions any idea?
Thanks


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## ithinkin (Jan 30, 2015)

fawad1990 said:


> Hi
> Our court hearing was on Wednesday. We didn't went to court as we already informed court that we want decision on paper.
> Now how long they gonna take to give us decisions any idea?
> Thanks


I'm no expert but I would go to court and fight for my and my partner right whatever situation I am in. Only my opinion.


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## fawad1990 (Dec 9, 2014)

Hi
Our court hearing was on Wednesday. We didn't went to court as we already informed court that we want decision on paper.
Now how long they gonna take to give us decisions any idea?
Thanks


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## Joppa (Sep 7, 2009)

A few weeks maybe?


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## fawad1990 (Dec 9, 2014)

Hi 
I found this forum very help full and thanks to all.
I mean asking one more question
How will be upper tribunal fee if my appeal dismissed in first tier tribunal ???

Like 140 or 80 for first tier tribunal


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## fawad1990 (Dec 9, 2014)

Hi
I found this forum very help full and thanks to all.
I mean asking one more question
How will be upper tribunal fee if my appeal dismissed in first tier tribunal ???

Like 140 or 80 for first tier tribunal


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## Joppa (Sep 7, 2009)

There is no fee for appeal to Upper Tribunal, but you must first obtain permission to appeal from First Tier Tribunal: https://www.gov.uk/upper-tribunal-immigration-asylum/overview
You should have legal representative as finer points of law will be discussed.


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## fawad1990 (Dec 9, 2014)

Hi All 
It's been over 2 weeks I haven't received any court decision on my eea2 unmarried appeal to first tier immigration tribunal. 

If my appeal dismissed than how many weeks time they will give me to appeal to upper tribunal. 
Thanks


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## Joppa (Sep 7, 2009)

Within 14 days if you are in UK to ask for permission to appeal to Upper Tribunal. If the First-Tier Tribunal refuses permission to appeal, you can ask the Upper Tribunal direct for permission to appeal, within 14 days.
https://www.gov.uk/upper-tribunal-immigration-asylum/overview


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## fawad1990 (Dec 9, 2014)

Hi joppa
Thanks for your reply. 
How long does first tier tribunal take to give decision?


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## Joppa (Sep 7, 2009)

Weeks, usually, when the judgement is reserved.


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## fawad1990 (Dec 9, 2014)

Hi 
My appeal has dismissed today by court and they send me upper tribunal permission from as well. If I sent this form to upper tribunal so 

how long will they take to give me permission 
And 
How long will they take to give me upper tribunal court hearing if permission given .


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## Joppa (Sep 7, 2009)

I don't know about either. Depends on how busy they are. Usually several weeks.


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## fawad1990 (Dec 9, 2014)

Hi Joppa
I want to ask upper tribunal for permission to appeal to upper court as my first tier tribunal dismissed. 
They said on form three types of time limit To apply.

Fast track 3 days after receiving notice from court 

28 days if applicant is outside UK

14 days in all other cases.

Which option is for me.
Thanks


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## Joppa (Sep 7, 2009)

If you are in UK, then 14 days. Fast track is for asylum seeker etc.


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## fawad1990 (Dec 9, 2014)

Hi Joppa 
Thanks for your reply. 
I m preparing for upper tribunal case .
If UT dismissed my appeal as well like first tier tribunal did than what will I need do . Will I be have any other option like lodge fresh application or appeal to higher court or what? 

Thanks


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## Joppa (Sep 7, 2009)

Ask your lawyer. It can get complicated.


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## fawad1990 (Dec 9, 2014)

Hi Joppa 
Thanks for your reply. 
I don't understand what you mean complicated. Could you explain me if you don't mind. 
Thanks


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## Joppa (Sep 7, 2009)

Needing expert legal advice for possible appeal to Supreme Court, ECHR etc? You do have a lawyer acting for you, don't you?


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## fawad1990 (Dec 9, 2014)

hi
i sent permission for appeal form to first tier tribunal last friday but they said your cover letter pages are missing and they said send it within 2 working days otherwise it will allocate to immigration judge for considration. but i did send everthing to them.

basically i just send form for permission to get enough time until first week of april for fresh eea2 unmarried application to the home office with fresh evidence.

i have two questions now in my mind.
1. if first tier tribunal refuse my permission to appeal to upper court than how many days time will they give me or what they will say when they refused permission??

2. in what case or situation i will be consider illegal?


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