My Day In Court!

[Deanuk]

Awoke this morning at 5.45 full of aprehension as to what the day would bring! My court time was 10am so still plenty of time to prepare myself.

I arrived outside the court at 9.30, and checked in at the desk to be told i would be in court #9. I was 1st on the list (of 4 that day) but was told it was up to the judge who would be seen 1st.

10.15 and my name is called out, and i make my way into the court room, where inside sat the barrister representing the home office and myself. (i was representing myself + my wife) We made eye contact but his facial expression did not change, hmmm i thought this guy is going to give me a hard time!

I had provided extra evidence based upon there "bundle" including outgoing calls from my o2mobile (i had to pick them up at 5.45 last night after waiting 30 weeks for them) a transcript of a telephone conversation between my wife and i (proving she speaks good English) a letter from my parents, and additional copies of western union money transfers.

A few minutes later the Judge walked into the court and the proceedings began. He gave an outline as to how the morning would go and said that at the end of the Appeal he would reserve judgement and my wife and i would know the outcome within 2 weeks. I was asked numerous question by the judge about my relationship with my wife (where we met, how we met, when did we marry etc) whilst he looked through my evidence old and new, and took notes.

I was then asked questions from the home office barrister regarding my wife speaking English, and ways that we keep in contact e-mail, telephone etc. When he was shown the list of telephone calls and the transcript by the judge he said that he'd got no further questions to ask. The judge then asked if id provided any written evidence of our contact with our applications, I replied "yes christmas cards, birthday cards and valentines cards dating back 2 years" the judge looked at the barrister who threw his hands in the air and shook his head (at the fact that these haddent been taken into admission by the Thai ECO)

The judge then asked me to stand and say why i thought that my wife should be allowed entry into the UK. I told him that we were a genuine couple as proven by our evidence and that we had wrongly been denied the right of living together as man and wife in the UK (i appologised for not using any court jargon and he replied that it was better because he didnt want to hear any of that sh*t)

The judge then said, "i believe what you have just said and that the ECO's decision was wrong your wife should have been granted axcess to this country on your 1st application" he then turned to the barrister and said "do you agree?" "yes most certainly" he replied.

He then stated that i had done an excellent job of representing myself and stated that although he as he said before he had to reserve judgement at this time, he would be GRANTING my wifes visa.

Id just like to say thanks to all the people to have replied to my posts on here, all of the well wishers etc. I will carry on using this board and try and help as many people with my experiances as i can.

Dean

[Mossfinn]

Yo way to go, Deano,

Thanks for the report, the first I have read of a appeal.

Good Luck

for the future,

Moss

[endure]

Yay!

[the scouser]

Well done, Perry Mason.

Scouse.

[Deanuk]

Cheers guys for the kind words, im off for a few drinks of celebration tonight.

[the scouser]

Dean,

The Home Office will have five days in which to appeal to the AIT for reconsideration but this can only be on the basis that the immigration judge erred in law in allowing your wife's appeal. It is very unlikely, therefore, that this will happen and a copy of the judge's determination will be sent to the embassy in Bangkok who, in turn, should contact your wife and invite her to attend in order to have her visa issued. If you have not heard within a month or so, then independently contact the embassy and wave a copy of the determination under their noses. They can only go against the judge's decision if your wife's circumstances have materially altered since the original application.

Scouse.

[Deanuk]

Thanks Scouse

Im now on the last 100m of the 3,000 metre race!!

The judge did say that to me at the end of the session but also said that they had never questioned his judgement before and it was highly unlikely that it would happen on this case considering the overwhelming evidence, and the agreement of the Home Office barrister.

Cheers

Dean

[markr]

Well done dean, proper good news!!!

Mark

[bangkokrick]

Well done mate its great to hear some good news for a change.

Cheers Rick

[gino12]

Congratulations! Good to see that they have finally seen sense!

[mikeybee]

Congratulations deanuk and good luck for the future, will pic your brains abit about the whole process but for now go and have a bear.

triumphs over evil

[Prakanong]

"The judge then asked if id provided any written evidence of our contact with our applications, I replied "yes christmas cards, birthday cards and valentines cards dating back 2 years" the judge looked at the barrister who threw his hands in the air and shook his head (at the fact that these haddent been taken into admission by the Thai ECO)"

Congratulations to you both - I really liked the bit above.

Well done.

[Deanuk]

Thanks all for the comments.

Mikeybee.. no problems mate, if i can help with anything just ask away!

Ive learnt a few things yesterday and over the past 9 months

1. stay positive at all times
   
2. dont be shy to have a go yourself (theres plenty of help amonst this forum)
   
3. never lie
   
4. have faith in your own ability
   
5. dont let the ba$£ards grind you down
   

Dean

[ThailandTony]

Congratulations Dean, nice to hear some proper good news for once. Just hope that the judges words havn't put your hourly rates as high as the plane your Mrs will be on soon. All the very best.

[WilliamIV]

Hi Dean

Congratulations

Where exactly was your Day in Court?

Bill

[Deanuk]

Hi Bill

my court hearing was held in Birmingham Uk.

Dean

[Nicko]

Well Done!

Good to hear someones having a win...

[Trebilcock]

Well done, that man. Well done indeed.

[yaketyak]

Well done Dean.

Wonder if you'll get an apology from Bangkok for wrongly refusing your visa and putting you both through 8 months of hel_l unneccesarily?

Don't hold your breath !

[OxfordWill]

Many congratulations, and heartwarming to know the judge and even HOB was basically on your side.

[chuchok]

great stuff.I love stories like this.

[the gent]

Unfortunately, DeanUK's experience will inevitably be endured by others simply because at present there is no sanction the Adjudicator can bring to bear against the visa section in cases involving their incompetence. Poor decision making by inept clerks supervised by indifferent management undermines any system and can only be improved if they were to be held accountable. To that end I believe that the Adjudicator should be empowered in these cases to make an order for costs where the sponsor has suffered consequential loss.

Anyway, congratulations to DeanUK in his notable victory.

[Deanuk]

Unfortunately, DeanUK's experience will inevitably be endured by others simply because at present there is no sanction the Adjudicator can bring to bear against the visa section in cases involving their incompetence. Poor decision making by inept clerks supervised by indifferent management undermines any system and can only be improved if they were to be held accountable. To that end I believe that the Adjudicator should be empowered in these cases to make an order for costs where the sponsor has suffered consequential loss.

Anyway, congratulations to DeanUK in his notable victory.

Thanks "the gent"

Both the Judge and the HO barrister, were astonished that the visa wasnt issued on the 1st application. He said (the judge)" i see no reason why given the evidence infront of me that this visa was'nt issued upon the 1st application. I appologise for the inconvenience that this has caused you."

Maybe i should put in a claim for my 2nd application.. and the further 3 months ive spent visiting her since christmas 2007... I just laugh at the thought!

Dean

[chuchok]

Thanks "the gent"

Both the Judge and the HO barrister, were astonished that the visa wasnt issued on the 1st application. He said (the judge)" i see no reason why given the evidence infront of me that this visa was'nt issued upon the 1st application. I appologise for the inconvenience that this has caused you."

Maybe i should put in a claim for my 2nd application.. and the further 3 months ive spent visiting her since christmas 2007... I just laugh at the thought!

Dean

What about malfeance Laws?

[yaketyak]

As this appears to be such a perverse refusal in the first place, i am wondering Dean if you contacted the ECM after the refusal to have it reviewed.? If it was so obviously wrongly refused as the judge has said then how come the ECM didn't spot this obvious error and overturn it?

[the gent]

A good question and one that continues to exercise us all.

The reasons are myriad and can be explored in countless threads. Read and occasionally weep.

[erikr_]

As this appears to be such a perverse refusal in the first place, i am wondering Dean if you contacted the ECM after the refusal to have it reviewed.? If it was so obviously wrongly refused as the judge has said then how come the ECM didn't spot this obvious error and overturn it?

I would not be surprised if he did contact her as she is known not to address issues brought up by sponsors (ie clear instructions in dsp or IDI not followed by ECO, clear evidence ignored etc) which is a clear indication of her incompetency as a manager of a visa section. Probably to difficult to get rid off with her husband working on the same level in another section (both second secretaries).

[RAZZELL]

Congratulations

Once your wife get's her visa and is over in the UK...Is there any way an "offical complaint" of some kind can be lodged???

It won't help you, but it might give the ECM a rocket up the arse...

RAZZ

[Deanuk]

Hi all,

Today i had the written conformation of my wife and i's appeal from AIT.

Does anybody think they would gain anything from me posting a copy of the judges decision? This is the full version of his notes etc on the trial.

Dean

[the scouser]

Dean,

If you're happy to post it, then feel free to do so. Perhaps remove any names and other identifying features.

Scouse.