I am 57 yrs old widow, dependent on my son & I have an Irish residence card. I applied for EEA FM application in September 2016 which was refused in April 2017 & I appealed within 14 days. Finally, in the first week of October I received NOTICE OF HEARING letter with an appeal date in May 2018. It states that “The Respondent must send copies of all the documents to the Tribunal and to the other party. This should include a copy of the notice of decision to which the notice of appeal relates and any other document provided to the appellant giving reasons for that decision, together with any ... or any other unpublished documents on which you rely to arrive before 10 October 2017.” As 10th October has passed and I haven’t received any documents I would like advise on what I should do please?
Areas of Expertise:
I understand that you have a pending appeal in May 2018 regarding the decision to refuse your EEA application. You stated you currently have an Irish residence card and have applied to be recognised as the Family Member of an EEA national. I tried to call you in order to establish some more details with respect to your application. I am assuming that you have made the application as the family member of your son who is an EEA national and that this application for a registration certificate was refused. You have asked what you can do as the Respondent, in this case the Home Office, have not provided the documents to you yet that they have been directed to provide. It is possible to chase the Presenting Officer’s Unit for these documents and I can assist you with doing this. From your enquiry it would appear that you did not seek legal advice prior to filing the appeal and are acting as a litigant in person. This can be quite daunting and you are likely to find the issues arising during the appeal process complicated. In order to help you to prepare for the appeal and stand the best chance of success I would strongly recommend you seek legal advice. We offer an hour long consultation where I can go through your documents and provide you with detailed advice with respect to your matter. This would include advice on obtain a Barrister to represent you for the hearing and ensuring that you comply with the directions of the Tribunal ahead of the hearing, in particular preparing an indexed and paginated bundle of documents to support your appeal and ensuring these are served on the parties correctly and in good time.
Posted on Monday, 13 November, 2017