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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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My appeal has been dismissed by upper tribunal, is

Customer Question

My appeal for flro has been dismissed by upper tribunal, is it possible I can take it further to high court
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Yes, you can institute judicial review proceedings in the High Court, challenging the legality of the decision. That is whether it has been taken in accordance with the law, such as the Human rights Act, whether the decision taken conforms with the requirement of proportionality, whether it is reasonable, and whether it was taken in accordance with fair procedures. This is not an appeal on all issues. It merely assesses the method of taking the decision, assesses whether it has been properly taken and whether it has been taken in accordance with the law.
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Customer: replied 1 year ago.
Thanks for the response. As I have got recently married according to Islamic marriage but we both haven't started living together because the actual wedding will take place in December. My question can I still apply for FLRM even my wife has not started living with me. Or do I have to wait when we both gona start living at one address plus our English marriage resgistration hasn't happen yet, we have been called for interview next week then they might give us date
Expert:  Buachaill replied 1 year ago.
2. You need to be living together to establish the basis for a relationship. In theory a fiance can be successful under this heading but in point of fact, you need to be living together.