jayoma skrev:big thanks both skaanebo and mh ..yes i got it and i understood what you said ..but why the ministry of justice is accepting our new files and they also told us to ask the family members of my wife to write letters to support her as it will be a Plus for our attchment before they decide ...if they will judge from the first application we gave them, then they wont tell us that we can send other files. they will just tell us that u have no right to add any more stuff to ur application now untill we decide but they did not ...
The whole point of an appeal is to have the case looked at by "new", eyes. They will accept ANY additional attachments that you feel you want to add to the case, and my guess to why you where told to attach letters of support and all of that, is for the ministry of justice to be able to evaluate of you should have dispensation from any of the rules. Nothing you have told so far will give you dispensation from the rules.
The fact that you are allowed to attach additional document, does NOT mean that any of these documents will have any effect on the outcome of the case.
The facts of your case (if i understand it correct) are:
1) You applied under the old rules (that must then have been before may 15. as far as i remember the date of the new rules)
2) You did not live up to the requirements for the old rules at the time you applied.
3) You got denied under the old rules, as you did not meet the requirements.
4) You appeal the decision, wanting to have your case processed under the old rules, and to support that, you are including documents for skills that you have only gained after the rules changed.
Cant you see that it does not make sense that your application should not be evaluated based on skills that you did not have at the time of your original application?
Imaging this.
If you where in a country where it was illegal to drink beer before you are 18, and you get caught drinking 2 days before you turn 18, then you cannot expect that the judge will now take into evidence that you are now 18, so the thing you are being fined for, is now legal. It was not legal at the time you got caught.
I know that applying without meeting the requirements is not illegal, so it is just to setup something to compare.
jayoma skrev:and what you guys are saying ; is there any proof from someone or its just a personal opinion about it ? thanks again everybody and looking forward to your useful answers
Well this is the same way in most countries in the world.
But in the case of some of the people that have answered your question allready, then it is based on many years experience answering excatly the kind of questions that you ask here, and maybe without you knowing it, you have also gotten advice from a lawyer with is specialized in exactly this field (and no...It is not me). A service that would normally cost you a couple of 1000 kr, if you went to a lawyer yourself...Now isn't that service for you
I do not think you will find that anyone here finds the current rules fair, and that is the reason why some of us use our freetime answering these questions. We do actually not have a hidden agenda, and we do not have a wish for your application to be denied. But we will answer you as truthfully as we can, even when the answer is not what you want to hear.
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