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90 Days To Implement The Judge's Decision When Does It Start

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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miwahknow
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Joined: Tue Jul 22, 2014 8:51 pm

90 Days To Implement The Judge's Decision When Does It Start

Post by miwahknow » Mon Sep 22, 2014 12:17 am

Hope some can shed some light of our case

A. EEA4 Appeal on 12/05/2014 following HO refusal
B. Appeal Allowed on the 04/06/2014
C. HO applied for permission to appeal to the UT on 10/06/2014
D. FT Judge Refused HO permission to appeal to the UT on 18/06/2014
E. HO has 7 working days to appeal directly to UT by the 25/06/2014
F. No late submission request by HO by 26/06/20104 so in theory the HO would have last all rights to appeal (my belief)

We rung HO to get on update on 15/09/2014, thinking we are coming to the end of the 90 days( 25/09/2014 from my calculation )to implement the judge's decision that the HO stated to my MP, we was shock when the HO told us that the 90 days starts from the 21/08/2014 when they decided not to challenge the judge's decision.

Now my question is:
1. when does this 90 days starts?
2. when does this 90 days ends?
3. If may calculations are right wouldn't the HO be in breach of their policies/law?

marilin
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Joined: Wed Sep 24, 2014 11:09 am

Re: 90 Days To Implement The Judge's Decision When Does It S

Post by marilin » Wed Sep 24, 2014 11:28 am

I have similar situation

My Timeline is:
EE2 application- 09/13
Refused:10/13
Appeal: 17/06/2014
Appeal allowed: 27/06/14
Refund of fees(140 GBP): 22/07/14
RC:- waiting

I have called HO few times, and every time I receive controversial information of what deadline they have to process my documents. I have called them last week, and they told me they have a date of 10/10 on my case and they're counting since that date for some reason, even though when I called on other occasions nobody mentioned that date and been telling me that the deadline for them is 27/09.
On 24/07 I have sent them an email, and received message, that looks like a copy-paste, but anyway: "We have 90 days from the date of the court judgement to deal with the allowed appeal. Cases are dealt with in strict date order"
90 days since 27/06 is 25/09, and not even 27/09 as they told me on the phone, because as they said they have 3 months.
And of course shouldn't be counted from any date, that is later then the date of the court judgement, well, according to what they told me, and the proof is in written...

Grazia
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Joined: Fri Nov 22, 2013 9:22 am

Re: 90 Days To Implement The Judge's Decision When Does It S

Post by Grazia » Fri Sep 26, 2014 4:27 pm

Hi there,

Here is my timeline:
1. EEA4 application submitted 13 June 2013
2. Appeal on 8/10/2013 following HO refusal
3. Appeal allowed on 23/01/2014
4. HO applied for permission to appeal to the UT on 29/01/2014
5. HO permission to appeal to the UT refused on 7/02/2014
6. PR received 29/08/2014

I received my PR after two official complaints and heavy involvement of my MP. Anytime I was calling HO to ask when I get my PR, I was told that they don't have any formal time limit after allowed appeal to issue me with PR and they will take as long as it requires and I need to be patient. I've got it after second intervention of my MP. However, HO still hasn't refunded me a court fee that FTT judge ordered and for nearly a month I've been fighting to get my money back with no result so far.

In general HO is not in a hurry to issue documents after appeal and official complaints are not particularly helpful as you complain against them to them. I'm just wondering where this 90 days time limit comes from, is it in any formal document?

Hope you get it soon. Good Luck :)

prince.07
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Joined: Wed Jul 15, 2009 12:06 am

Re: 90 Days To Implement The Judge's Decision When Does It S

Post by prince.07 » Fri Sep 26, 2014 7:16 pm

I have same experience as am still waiting for HO to refund my appeal fees as directed by the FTT since April. All emails and letter of complaint were not replied.

One of my friend has same problem of appeal fees refund of £520 for the family. I think it has become an habit to hold on to appeal fees refund by HO. Something need to be done.

I believe there should a forum to address HO refusal to refund appeal fees as directed.

marilin
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Joined: Wed Sep 24, 2014 11:09 am

Re: 90 Days To Implement The Judge's Decision When Does It S

Post by marilin » Tue Oct 07, 2014 12:03 pm

@miwahknow did you manage to get any updates?
I've called HO yesterday, and asked to refer my request about the update to manager. They took my number and said the manager will get an update from the caseworker and will call me back by the end of this week. The very deadline for them is 10th of October...well,according to them anyway,as they're counting from the date when they lost the right to appeal to the judges decision.So,will wait and see...

Rocknahardplace
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Joined: Mon Jul 14, 2014 10:32 pm

Re: 90 Days To Implement The Judge's Decision When Does It S

Post by Rocknahardplace » Fri Oct 10, 2014 9:38 am

marilin wrote:@miwahknow did you manage to get any updates?
I've called HO yesterday, and asked to refer my request about the update to manager. They took my number and said the manager will get an update from the caseworker and will call me back by the end of this week. The very deadline for them is 10th of October...well,according to them anyway,as they're counting from the date when they lost the right to appeal to the judges decision.So,will wait and see...

any updates yet??

marilin
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Posts: 8
Joined: Wed Sep 24, 2014 11:09 am

Re: 90 Days To Implement The Judge's Decision When Does It S

Post by marilin » Fri Oct 10, 2014 10:51 am

@Rocknahardplace they didn't call me back,so I had to call them myself. I've described all here: http://www.immigrationboards.com/eea-ro ... l#p1096780

miwahknow
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Re: 90 Days To Implement The Judge's Decision When Does It S

Post by miwahknow » Sat Nov 01, 2014 5:20 am

Sorry for the late reply but i am still waiting for my PR, I have also ask my MP to ask the HO when does this 90 days start/end, she has done that on the 7th October we are still awaiting a responses from HO and i have also asked the question on whatdotheyknow follow this link for more info https://www.whatdotheyknow.com/request/ ... the_judges also follow the article to see the HO response

miwahknow
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Posts: 7
Joined: Tue Jul 22, 2014 8:51 pm

Re: 90 Days To Implement The Judge's Decision When Does It S

Post by miwahknow » Sat Nov 01, 2014 5:23 am

Any other updates????????????

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