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Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator
I am not ageering with your statement @ObieObie wrote:You mind should be focused on successful.
If you are unsuccessful, you will have a right to apply for Permission to appeal to the Upper Tribunal.
It could well be the case that the removal notice is flawed and unlawful if you had a lawful application before them which they refuse to vary.
They cannot make a removal notice at the same time as a refusal to vary a leave.
Provided of course you did not withdraw the decision, or consent to it being withdrawn
Because i received S47 removal notice with my variation of leave refusal.Obie wrote:Why do you say I am wrong?
Is it because that is what HO are doing or because of the law, I am confused
yes ObieObie wrote:Did they refuse your recent variation application.
Obie wrote:Well they cannot make a section 47 notice at the same time as a refusal to vary leave.
It could be done shortly after the other but not at the same time.
@Obie
I do not know the reasons but he is confident that court will accept it. Because my case is all about to gain time to complete 10 years.peppekalle wrote:What reasons will your solicitor give for wanting oral hearing instead of paper hearing?I hope they have better reasons than wanting to buy time.
Thanks Obie for your reply.Obie wrote:Your solicitor seems very incompetent.
He could have advised you on up to 4 ways to buy time, putting for a paper appeal does not seem like one, to the contrary, it serves exactly the opposite purpose.
In any event, your appeal does not seem bad, you could have succeeded on the section 47 point, a Judge could reasonably have allowed your appeal on the basis of the rules as you would possibly meet the requirement on the day of a hearing.
I have had to deal with incompetent solicitors on 4 different threads and private messages today.
People like those are every immigrant's worst nightmare.
@peppekalle's advice is misleading because it gives the impression that you have to appear before the Supreme Court prior to filing with the ECHR. You do not have to have been heard before the Supreme Court in order to file a claim before the European Court of Human Rights.peppekalle wrote:
...To go to the ECHR you need to have exhausted all local courts including the supreme court...