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The reason I asked the question was, if you have any thing in your initial application pack which could prove that you applied for some thing different from that domestic worker category and then we could use this to prove that ticking the wrong box was indeed a mistake and judge has made an error to point out this mistake while it was evident. This might be a way to fight in UT.apache1 wrote:I send a cover letter addressed to the home secretary summarizing all what in the application but I haven't actually said I was applying for a DLR. In the response I had. It said " on ... the appellant completed a FLR(0) application form for applying to further leave to remain as domestic worker in a private... the application was refused on ... on the basis that the appellant had not entered the UK with entry clearance as a domestic worker...therefore
What's maddening me right now, is the judge recognized that I made a mistake but still they carried on and build the whole case on that error!
I wouldn't be surprised if the office did this but I expected, at least, a judge to be fair.
Hi Obie, Thank you from your response but the question is how we could prove that it was a mistake (mistake only on application form). if there was no other evidence with case worker then how would they figure out on their own? If there are, then these should already been considered by the judge.Obie wrote:Well in law the question you are seeking to ask me has no relevance.
The judge is required to ascertain if a refusal is consistent with the rules or policy , and if a person could have qualified under a provision of the rules.
That is what section 85 appear to require , not withstanding what was inadvertently written on a form or not.
I have already showed you one of the way you could find error (any evidence apart from application which could prove that indeed you made a mistake). There might be other but then it would need some senior and sharp solicitor's eyes. One could find which others wont.apache1 wrote:I really appreciate your advice and time Obie and Naveed
All solicitors I contacted asked me to start a fresh, but I am still looking to go for appeal and I am thinking to make it myself if i have to .
Any pointers or any handles I could use to support my argument is really appreciated
Thanks
mkhan2525 wrote:Perhaps the judgement in this case will be of use to you once the judgement is out.
https://www.supremecourt.uk/cases/uksc-2014-0059.html