How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SASH_Law Your Own Question
SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 5235
Experience:  LLB (Hons)
96947008
Type Your Family Law Question Here...
SASH_Law is online now

I filed an n161 application appeal .Unfortunately, I

Customer Question

I filed an n161 application appeal .Unfortunately, I received an paperwork back from the court in the post telling me my application is not been filled properly. I have been told to seek an legal advice regarding my application. I have to wait till next week to book an appointment to get an legal help to resubmit my application. I have already paid the fees on my application. My question is will I be alight if I redo application and send it next week with all the supporting documents. My financial situation is weak that’s why I done my application myself .In my hand written letter I have explained court my visa is curtailed by my husband. I can’t work or rent the property as per immigration law .As per the financial order proceedings divorce final order was made on 6th October.I was given 28 days to vacate the property which was 3rd of November. I didn’t left the property because I have no where to go .I will be homeless. I can’t rent as I explained above. I requested judge to let me stay in my house till my visa is sorted and other party can hold the payment. Unfortunately, my application and my letter and all the paperwork been posted back to me because n161 application was incomplete. If I see the lawyer next week and put in the application after doing it correctly with all the paperwork will judge consider my application. I am not sure if 21 days appeal period starts on the day order is made or on the day sealed final order copy is received. If it’s on day sealed copy is received than I received the sealed copy via email on the 10th November if it’s on the day order was made by the sitting judge and verbally told which is 6th October. Could you please, advice me on this and tell me 21 days appeal period starts from which day when sealed copy was made ?
Submitted: 12 days ago.
Category: Family Law
Customer: replied 12 days ago.
Please, let me know.
Expert:  SASH_Law replied 12 days ago.

Hello, how are you today?

My name is ***** ***** I am going to assist with your query. Let me just read your post.

Things may be a bit slower today as it is a weekend, but please be assured I will get back to you with a response as soon as I can.

Expert:  SASH_Law replied 12 days ago.

If you were present when the order was made (i.e. attending the hearing, in person or by phone/video call) then the appeal clock runs from the day the order is made.

If your appeal is now out of time, then you will effectively be making three applications, 1) to appeal out of time, 2) to appeal the lower court's order - as I recall you did not have the Judge's permission to appeal, so you need to ask the appeal court for permission, and 3) the substantive appeal.

You definitely need a lawyer at this juncture, so I do hope that the one you are seeing next week will be able to correct all these things and get the application into court for you.

Customer: replied 12 days ago.
When I said to judge I want to appeal.She wasn’t pleased to hear that I could tell from her face expression and reaction but she said verbally I have 21 days to appeal.It’s not written in the final order .I did appeal within 21 days but unfortunately , I didn’t filled the application correctly.It’s been sent back to me .I received the application back today because of weekend I can’t get hold of an lawyer. I have to wait till Monday than start contacting lawyers for the appointment.Hoping , I get an appointment and send my paperwork in next week .My application fees is already been paid .I need to correctly fill the forum and Skelton argument which I don’t understand.I have to ask lawyer
Customer: replied 12 days ago.
I have to do appeal out of time and lower court order two application.Do you need an written permission from judge for appeal or as she said verbally which I mentioned above is enough .I have to do substantive appeal ?
Customer: replied 12 days ago.
Please, let me know
Expert:  SASH_Law replied 12 days ago.

If the judge gave you permission, even orally, that should be okay - if you have the transcript (which you should have if you decided to appeal), then the oral permission will be recorded in that.

Doesn't change anything else I said. You need a lawyer.

Customer: replied 12 days ago.
It’s weird .. letter from court says we confirm a verbal conversation does not constitute an order granting permission to appeal, rather the judge advising of timescales in case you wish to take such action further it says you have not filed an grounds of appeal and Skelton arguments in the support of ground of appeal.please seek legal advice before refilling.
Customer: replied 12 days ago.
Isn’t this point itself is big enough a Skelton argument.. i have no status in this country because my visa is curtailed by my husband. Legally no one can rent me a property if they do they can get fined it’s illegal. I can’t work because of my visa status . If you don’t allow me to stay in my house I will be homeless. I have no where to go . Let me stay in my house till my visa is sorted other party is more than welcome to hold the amount I am entitled to get . Isn’t it a very strong serious argument itself ??
Customer: replied 12 days ago.
How can court not consider this . It’s a genuine case .Court is aware of my immigration situation. They know the law more than I do . How can they expect a lady to sit on street as homeless or beg people to keep me in their house. This is bizarre
Expert:  SASH_Law replied 12 days ago.

In that case, if the transcript doesn't record the judge saying you have permission, then you don't have permission, and my original three point appeal point stands.

You have to file grounds and skeleton - the N161 states as much.

The court will consider a properly constructed application with the correct documents. You said you are seeing a lawyer next week, so you will be able to get everything done as it should be done.

Customer: replied 12 days ago.
What is transcript? Is it mean final order .I clearly,remember judge saying when I asked I want to appeal she wasn’t pleased to hear it I could tell with her face expressions .She said I have 21 days .I remember,earlier you were telling me I have a right to appeal.
Customer: replied 12 days ago.
You think my point of appealing is strong ? I genuinely, have no where to go .I don’t want to be homeless? Isn’t it a strong serious ground of appeal. When you have no status in the country.You have no rights.
Expert:  SASH_Law replied 12 days ago.

It is impossible for me to give you a view on the strength of your appeal - to do that I would need to read the transcript, all the documents and the judgment made. The solicitor you see next week will do all that and tell you whether you have any grounds to appeal.

Expert:  SASH_Law replied 12 days ago.

Can I clarify anything further regarding your initial question about time frames for appeals?

Customer: replied 11 days ago.
please, how long time frame to appeal ? Is final order is transcript ? In final order it says who gets what .I hand them keys and I get my payment. They have to pay me two years maintenance. I have no where to go isn’t it a strong reason to appeal.Isn’t it a strong ground ? I will be homeless isn’t it a big deal? I have no solicitor.I have to Google solicitor near by me Monday morning and start calling all of them who ever gives me an appointment I have to see that solicitor. I am really worried because they have already started the possession order and my paperwork came back to me .I have to redo everything and send it back again . I am
Confuse judge says I have 21 days to appeal and I remember you telling me I can appeal.I am confused. Could you please, let me know
Expert:  SASH_Law replied 11 days ago.

Anyone can appeal. The timelime is 21 days from the date of the order. I am not sure why you are confused about that, I have not said anything different either of the times we have discussed this.

I also said to you that you needed a solicitor. Luckily you have said you will be seeing one this week, who will be able to advise you after reviewing the papers, whether you have a case worth appealing.

All the best.

Expert:  SASH_Law replied 11 days ago.

You can find a solicitor in your area here: solicitors.lawsociety.org.uk

Use the above database as that is where all authorised and regulated solicitors in England & Wales are listed.