High Commission of the United Kingdom in Islamabad

losing my mind
Don't thank me, we r ere to help. Jus make dua my hubby gets his visa inshallah as I have been through this struggle for over 2 years now. Hope u get a positive outcome too inshallah.

Below is a small definition of point of law.

A point of law is a theoretical legal concept that refers to the application of principles of law to particular facts. Settling such points is half of the equation in conducting litigation — the other half being settling questions of fact, which is typically the duty of a jury. Generally, any major point of law decided in a case is referred to as a “holding” and may be applied to subsequent cases in the future. Additionally, when a case is appealed, it is these points that are in question rather than questions of fact.

When a case is tried in a court of law, the judge and jury have to consider a variety of questions. Any time one of these questions is in regard to the interpretation or application of a law, it is said that a point of law has been settled once a ruling is made. This issue could be minor or major, but the method of the application of the law to the particular facts in the case is the point being settled.

Major points of law that are found in any case are referred to as holdings. A holding may be open-ended or worded to apply to a very specific set of facts. If the articulation of the holding is relatively open-ended, it is likely that it will be applied to future cases, though it is not a requirement that the holding be applicable in more than the case at hand.

This is distinguished from a question of fact in that it involves the interpretation of legal principles rather than a determination of what actually happened in a particular situation. For example, a question of fact would be whether or not a person acted in a certain way. The point of law to be established in the event the jury finds a person acted a certain way would be the legal significance of that act, e.g., whether or not the act amounts to fraud. Juries decide questions of fact while it is up to the judge to settle any point of law.

The concept is particularly important when appealing a case. Though methods vary from jurisdiction to jurisdiction, courts of appeal do not typically settle questions of fact, as there are generally no juries in such courts. Therefore, a litigant who files an appeal must be contesting a point of law rather than any question of fact.

wellwisher
Thank u soooo much for ur reply. I'm very grateful somebody has given a response. The basis of the home office appeal is on a point of law. Do you know wat this term means. I hope inshallah their appeal is refused. This visa journey and experience has been a nightmare. Really tired how the home office prolongs our struggles

wellwisher
Thank you soooooo much from the bottom of my heart for ur reply. Was beggining to think I might not get any advice. But I'm so grateful thanks. After the judges decision at the first tier tribunal I was so happy my wife's visa nightmare was over. To find out the home office had appealed the decision was heart breaking. The grounds of appeal are based on a point of law. Can anybody shed light on what this term means. It really saddens me that after a judge allowed our appeal the fight still continues for our basic human right to be together.

Syj
bro i am not upset
i dont know since when i am come on this forum people like her and some other abuse me and make fake name of me and try to disrespect me , do u think it is good or in ethics

i know ameena chaudry is also a fake name by some 1,

syj its no necessary but if u send the docs to ecm it good for u bcoz ecm will have already had the docs,


and secoundly tribunal really send u a copy of docs in pakistan


whether the decision is in ur favor or not the appellant must receive the docs by the tribunal

ameena choudry
u think u have info and i am the one who gives wrong info here ok fine then tell me what is the different between oral hearing and paper hearing ?


i know u dont know about this ,

jo jao ja ker kisi sa pocho pala then answer me

kiyani
Please don't get upset. Everyone is talking with their experience. We all have been through this process. Tribunal don't send any documents to the appellant in Pakistan. And we can not send any document at the time of submission to the ECM.. Otherwise we would have done it. Please sort out problem don't drag them.

ameena choudry
sis tribunal apko apka hee send kia howa documents wapas kio bhijwati hain ? i dont have information , apko tribunal islia docs copy kerka wapas islia bhij wati hain just to inform that ka apka docs aunko mil gai hain


so ap jasa kuch or log yaha per galat info da raha ho logo ko


u r the one who try to confuse every 1




mujha samaj nahee atti jab sa mai is forum per ayya a person like u and some other using fake names and abuse me in this forum ,


agar apko maro info gala lagti hai to matt lo go to hell ,




jin ko sahee lag rahee they contact me as wel

ameena choudry
watch ur words

i am not giving any1 a false info ok,
go and see my old post regard to tribunal
,
when u send the documents to tribunal the tribunal send the docs back to u on pakistan adress , which is just a prt of process .,
its just a formality
ok tell me u already have the docs then why tribunal send these docs to appellant in pakistan , appealeant have already have these docs
,

ap tribunal ko bhee bhaj ta ho apna spouse ko yani apka sponsor jo uk mai aus ko bhaj na chaho to its good atleast ausko case ka bhee pata hona chyeah ,




its not restricted ameena ka u dont have to send these docs to ECM ,



so be in ethics and watch ur words before it comes out of ur mouth

losing my mind
Have a look at this page regarding the functions of the Upper Tribunal:-

http://www.justice.gov.uk/guidance/cour ... /index.htm

Maybe this is the most important section to help you understand it:-

The Upper Tribunal will decide whether the decision of the First-tier Tribunal was correct in law. If the Upper Tribunal deems that an error of law has been made in the decision of the First-tier Tribunal, it can substitute its own decision in place of it, or order the First-tier Tribunal to rehear the initial appeal.

This process can take a few months.

Home Office have asked for permission to appeal, the first thing is to wait and see if it's granted.

Spouse Visa
Thank you for your help and duas, i will wait and see what happens, we are in week 5 now, so another 7 to go

Ramzan Mubarak to all,
May this blessed months brings happines and prosperity

ameen