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Ticked the wrong box in DLR Renewal - Refused & dismissed

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apache1
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Re: Ticked the wrong box in DLR Renewal - Refused & dismisse

Post by apache1 » Thu Oct 01, 2015 10:00 pm

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.

naveediiqbal
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Pakistan

Re: Ticked the wrong box in DLR Renewal - Refused & dismisse

Post by naveediiqbal » Thu Oct 01, 2015 10:46 pm

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.
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.

Further, I asked a simple question to Obie that if we are fighting against refusal of application then its difficult to fight without having some evidence which could prove that it was a mistake and not an intention. However, there HO did not question your eligibility (if there would be no such mistake) for DLR

The judge's statement
"it's evident that he has indeed applied to further leave to remain as domestic worker..."
is a fact and could be argued if we have some evidence saying otherwise and included with original application.

These are my thoughts to prepare you for UT.

I wish you Good luck.

Regards,

Obie
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Re: Ticked the wrong box in DLR Renewal - Refused & dismisse

Post by Obie » Thu Oct 01, 2015 10:50 pm

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.
Smooth seas do not make skilful sailors

naveediiqbal
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Pakistan

Re: Ticked the wrong box in DLR Renewal - Refused & dismisse

Post by naveediiqbal » Thu Oct 01, 2015 11:06 pm

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.
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
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Re: Ticked the wrong box in DLR Renewal - Refused & dismisse

Post by Obie » Thu Oct 01, 2015 11:47 pm

That is a question of discharging of burden of proof on a balance of probability . I am unable to answer that, as it is a fact sensitive case , confine to the particular facts of a given case, and the relevance to determination of the case.

Some judges mix up 85 (5A) which is confined to PBS cases to other cases.
Smooth seas do not make skilful sailors

apache1
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Re: Ticked the wrong box in DLR Renewal - Refused & dismisse

Post by apache1 » Fri Oct 02, 2015 11:47 am

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

Obie
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Location: UK/Ireland
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Re: Ticked the wrong box in DLR Renewal - Refused & dismisse

Post by Obie » Fri Oct 02, 2015 11:54 am

One needs to first identify an error of law
In the determination, otherwise you cannot get permission.
Smooth seas do not make skilful sailors

naveediiqbal
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Posts: 606
Joined: Sat May 26, 2012 5:49 pm
Pakistan

Re: Ticked the wrong box in DLR Renewal - Refused & dismisse

Post by naveediiqbal » Fri Oct 02, 2015 12:03 pm

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
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.

mkhan2525
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United Kingdom

Re: Ticked the wrong box in DLR Renewal - Refused & dismisse

Post by mkhan2525 » Fri Oct 02, 2015 4:23 pm

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

naveediiqbal
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Joined: Sat May 26, 2012 5:49 pm
Pakistan

Re: Ticked the wrong box in DLR Renewal - Refused & dismisse

Post by naveediiqbal » Fri Oct 02, 2015 4:51 pm

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

I dont think so as this is about evidential flexibility.

apache1
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Appeal to upper tribunal refused. Should I appeal again!

Post by apache1 » Mon Jan 25, 2016 12:54 pm

To make the story short.
I tried to renew my DLR
I checked the wrong box and got refused by the HO
I appealed to first tribunal and got refused
I appealed to the first tribunal to appeal to Upper Tribunal and got refused
They sent me an IAUT-1 form to appeal again

My question is should I carry on appealing which looks like a daunting mission, or should I just make a fresh application.


Thanks

apache1
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Posts: 14
Joined: Thu Sep 24, 2015 10:50 am

Re: Ticked the wrong box in DLR Renewal - Refused & dismisse

Post by apache1 » Mon Jan 25, 2016 3:15 pm

I have few days to make a decision; any advice is really appreciated, thanks

apache1
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Re: Ticked the wrong box in DLR Renewal - Refused & dismisse

Post by apache1 » Tue Jan 26, 2016 6:00 pm

Never mind.
This was posted by mistake
Just got my British passport yesterday

Locked