Home Office lodged appeal against FTT

Rubablu · Post by **Rubablu** » Thu Feb 19, 2015 11:42 pm

Hi All,

Those of you who's appeal was allowed by First Tribunal but Home Office have lodged appeal to Upper Tribunal. Lets share our situation and help each other, Please keep us updated!!

My situation is -
We applied for leave to remain in July 2013 under 7 years rules but refused.We appealed in First Tribunal,Hearing was in Birmingham on 19th January 2015 and appeal was allowed on 6th Feb 2015. Now we got a letter that Home Office have lodged appeal to Upper Tribunal.

So far I know HO do not appeal against court decision but they did it against us.
Is anyone have similar situation ? Could you please share what happened ?

Rubablu · Post by **Rubablu** » Mon Feb 23, 2015 4:02 pm

Rubablu wrote:Hi All,

Those of you who's appeal was allowed by First Tribunal but Home Office have lodged appeal to Upper Tribunal. Lets share our situation and help each other, Please keep us updated!!

My situation is -
We applied for leave to remain in July 2013 under 7 years rules but refused.We appealed in First Tribunal,Hearing was in Birmingham on 19th January 2015 and appeal was allowed on 6th Feb 2015. Now we got a letter that Home Office have lodged appeal to Upper Tribunal.

So far I know HO do not appeal against court decision but they did it against us.
Is anyone have similar situation ? Could you please share what happened ?

I am looking for a good barrister.If you know some one please inbox me details.Thanks

Rubablu · Post by **Rubablu** » Mon Mar 09, 2015 9:52 am

Rubablu wrote:Hi All,

Those of you who's appeal was allowed by First Tribunal but Home Office have lodged appeal to Upper Tribunal. Lets share our situation and help each other, Please keep us updated!!

My situation is -
We applied for leave to remain in July 2013 under 7 years rules but refused.We appealed in First Tribunal,Hearing was in Birmingham on 19th January 2015 and appeal was allowed on 6th Feb 2015. Now we got a letter that Home Office have lodged appeal to Upper Tribunal.

So far I know HO do not appeal against court decision but they did it against us.
Is anyone have similar situation ? Could you please share what happened ?

Is any one have this situation ? Any update ?

Mrs K · Post by **Mrs K** » Mon Mar 09, 2015 1:41 pm

Hi.. my hearing was on the 22nd on oct 2014 at Birmingham sheldon.. appeal was allowed on 13th dec 14. And i am still waiting.. i havnt heard anything from home office..

phaara · Post by **phaara** » Mon Mar 09, 2015 9:27 pm

Mrs K wrote:Hi.. my hearing was on the 22nd on oct 2014 at Birmingham sheldon.. appeal was allowed on 13th dec 14. And i am still waiting.. i havnt heard anything from home office..

you will hear soon IA but can u pls share wat was ur refusal reason?? im asking bcos i hav hearing this month

Mrs K · Post by **Mrs K** » Tue Mar 10, 2015 10:43 am

Hi Phaara.. the reason for refusal was
1. I had a payment of student finance.. which was a late payment. So they doubt if i was still studying. So I submitted a letter from the Student Finance.

2. I was working full time in my mums shop.. so they again doubt if im just making up just to support this application. So I took all the HMRC records as evidence to show that all tax has been paid and NI contributions record and my also was a witness in the hearing. So all went ok at the hearing.

When is your hearing? And what is the reason for refusal?

phaara · Post by **phaara** » Tue Mar 10, 2015 11:29 am

hello Mrs K

In feb 2014 we applued n got rejected in October 2014 due to second
job salary ( worth of just £80 a month) not reflecting in bank
statement as it was a cash
But tge matter is job is genuine n we had all sypporting documents
which we attach with our appeal u submitt appeal end of october and
we got notice of pending appeal in end if decber tht tribubal will write
us after 2 april 2015
But in between onend of january2015 we got letter of hearing which is
sett this month end if march 2015 mean bfore review deadlibe our
hearing set by tribunal ( is it normal thing??l
We didnt get any outcome/decision from ECO/ECM regarding review of
our appeal
And we have started depositing cadh in account since we got refusal
so its been 5 month we depositing in bank
And in a couple of week we have to send appeal bundle 5 days bfor
hearing do we are now attaching these bank statements too
Us there any chance to get overturn bfore hearing? Or on a hearing
day??

Mrs K · Post by **Mrs K** » Tue Mar 10, 2015 11:48 am

phaara wrote:hello Mrs K

In feb 2014 we applued n got rejected in October 2014 due to second
job salary ( worth of just £80 a month) not reflecting in bank
statement as it was a cash
But tge matter is job is genuine n we had all sypporting documents
which we attach with our appeal u submitt appeal end of october and
we got notice of pending appeal in end if decber tht tribubal will write
us after 2 april 2015
But in between onend of january2015 we got letter of hearing which is
sett this month end if march 2015 mean bfore review deadlibe our
hearing set by tribunal ( is it normal thing??l
We didnt get any outcome/decision from ECO/ECM regarding review of
our appeal
And we have started depositing cadh in account since we got refusal
so its been 5 month we depositing in bank
And in a couple of week we have to send appeal bundle 5 days bfor
hearing do we are now attaching these bank statements too
Us there any chance to get overturn bfore hearing? Or on a hearing
day??

Hi Phaara.

Yes that is normal to get the hearing date earlier. So is that the only reason for refusal? Have you already submitted your P60 for that year?

phaara · Post by **phaara** » Tue Mar 10, 2015 11:51 am

Mrs K wrote:
phaara wrote:hello Mrs K

In feb 2014 we applued n got rejected in October 2014 due to second
job salary ( worth of just £80 a month) not reflecting in bank
statement as it was a cash
But tge matter is job is genuine n we had all sypporting documents
which we attach with our appeal u submitt appeal end of october and
we got notice of pending appeal in end if decber tht tribubal will write
us after 2 april 2015
But in between onend of january2015 we got letter of hearing which is
sett this month end if march 2015 mean bfore review deadlibe our
hearing set by tribunal ( is it normal thing??l
We didnt get any outcome/decision from ECO/ECM regarding review of
our appeal
And we have started depositing cadh in account since we got refusal
so its been 5 month we depositing in bank
And in a couple of week we have to send appeal bundle 5 days bfor
hearing do we are now attaching these bank statements too
Us there any chance to get overturn bfore hearing? Or on a hearing
day??

Hi Phaara.

Yes that is normal to get the hearing date earlier. So is that the only reason for refusal? Have you already submitted your P60 for that year?

Yes this is the only reason
And yes p60 submited with appeal

Obie · Post by **Obie** » Tue Mar 10, 2015 12:04 pm

Home Office is entitled to appeal, with permission, just like any other appellant.

The Respondent, who would have been the appellant previously, will need to provide a Rule 24 notice if permission is granted to the Secretary of State and resist the appeal.

phaara · Post by **phaara** » Tue Mar 10, 2015 12:06 pm

Obie wrote:Home Office is entitled to appeal, with permission, just like any other appellant.

The Respondent, who would have been the appellant previously, will need to provide a Rule 24 notice if permission is granted to the Secretary of State and resist the appeal.

To whom you saying this

Thankyou

Obie · Post by **Obie** » Tue Mar 10, 2015 12:09 pm

Rubablu wrote:Hi All,

Those of you who's appeal was allowed by First Tribunal but Home Office have lodged appeal to Upper Tribunal. Lets share our situation and help each other, Please keep us updated!!

My situation is -
We applied for leave to remain in July 2013 under 7 years rules but refused.We appealed in First Tribunal,Hearing was in Birmingham on 19th January 2015 and appeal was allowed on 6th Feb 2015. Now we got a letter that Home Office have lodged appeal to Upper Tribunal.

So far I know HO do not appeal against court decision but they did it against us.
Is anyone have similar situation ? Could you please share what happened ?

I am referring to the original poster.

phaara · Post by **phaara** » Tue Mar 10, 2015 12:10 pm

Mrs K · Post by **Mrs K** » Tue Mar 10, 2015 7:20 pm

Phaara dont worry. Just take the p60 with you.. or they might already have in ECO bundle.. Judge will be by your side by looking at the P60.

phaara · Post by **phaara** » Tue Mar 10, 2015 8:44 pm

Mrs K wrote:Phaara dont worry. Just take the p60 with you.. or they might already have in ECO bundle.. Judge will be by your side by looking at the P60.

Yes IA hopefuly bcos we have now bank statment tht showing salry coming in.also have employer letter tax record etc

So can you pls help me calculate tht after gearing
1. howmany days they take to announce outcome
2.howmany days thy take to give written outcome/determination letter
3. How many days take to send call letter

Mrs K · Post by **Mrs K** » Tue Mar 10, 2015 9:53 pm

phaara wrote:
Mrs K wrote:Phaara dont worry. Just take the p60 with you.. or they might already have in ECO bundle.. Judge will be by your side by looking at the P60.
Yes IA hopefuly bcos we have now bank statment tht showing salry coming in.also have employer letter tax record etc

So can you pls help me calculate tht after gearing
1. howmany days they take to announce outcome
2.howmany days thy take to give written outcome/determination letter
3. How many days take to send call letter

As you can see, it took more 7 weeks to receive a determination, but the judge said she will send within 2 weeks time. And I dont know about the call letter. The actual time frame for call letter is 8 -12 weeks, but mines passed 12 weeks and im still waiting.

phaara · Post by **phaara** » Wed Mar 11, 2015 2:32 am

Mrs K wrote:
phaara wrote:
Mrs K wrote:Phaara dont worry. Just take the p60 with you.. or they might already have in ECO bundle.. Judge will be by your side by looking at the P60.
Yes IA hopefuly bcos we have now bank statment tht showing salry coming in.also have employer letter tax record etc

So can you pls help me calculate tht after gearing
1. howmany days they take to announce outcome
2.howmany days thy take to give written outcome/determination letter
3. How many days take to send call letter
Dont worry ur wait is abt to end now

As you can see, it took more 7 weeks to receive a determination, but the judge said she will send within 2 weeks time. And I dont know about the call letter. The actual time frame for call letter is 8 -12 weeks, but mines passed 12 weeks and im still waiting.

Rubablu · Post by **Rubablu** » Wed Mar 11, 2015 9:14 pm

Mrs K wrote:Hi.. my hearing was on the 22nd on oct 2014 at Birmingham sheldon.. appeal was allowed on 13th dec 14. And i am still waiting.. i havnt heard anything from home office..

Hi Mrs K
Do you mean your appeal allowed on 13th Dec but still waiting for your BRP and document ? Why they are taking so long time ? Did you contacted HO ?

Rubablu · Post by **Rubablu** » Wed Mar 11, 2015 9:36 pm

Obie wrote:Home Office is entitled to appeal, with permission, just like any other appellant.

The Respondent, who would have been the appellant previously, will need to provide a Rule 24 notice if permission is granted to the Secretary of State and resist the appeal.

Is always appellant(HO) get permission of appeal ? How long does it take to get a appeal date ? My appeal was allowed on 6th Feb 15 then HO applied permission for appeal in UT. We are still waiting.

Obie · Post by **Obie** » Wed Mar 11, 2015 9:41 pm

It all depends on the region in which the Application for permission to appeal is been dealt with.

If permission to appeal is granted, there is usually a hearing within 2 months, from my experience.

If permission to appeal is refused, the Home Office will have the option of applying directly to the Upper Tribunal, and this can usually take a long time.

The Upper Tribunal seem overwhelmed these days.

Rubablu · Post by **Rubablu** » Wed Mar 11, 2015 10:27 pm

Obie wrote:It all depends on the region in which the Application for permission to appeal is been dealt with.

If permission to appeal is granted, there is usually a hearing within 2 months, from my experience.

If permission to appeal is refused, the Home Office will have the option of applying directly to the Upper Tribunal, and this can usually take a long time.

The Upper Tribunal seem overwhelmed these days.

Thanks Obie for giving very useful information. I really surprise to hear "If permission to appeal is refused, the Home Office will have the option of applying directly to the Upper Tribunal" Is normally HO do that ?

Mrs K · Post by **Mrs K** » Thu Mar 12, 2015 1:23 am

Rubablu wrote:
Mrs K wrote:Hi.. my hearing was on the 22nd on oct 2014 at Birmingham sheldon.. appeal was allowed on 13th dec 14. And i am still waiting.. i havnt heard anything from home office..
Hi Mrs K
Do you mean your appeal allowed on 13th Dec but still waiting for your BRP and document ? Why they are taking so long time ? Did you contacted HO ?

Hi Rubalu, Yes appeal allowed on 13th dec. I am waiting for a call letter so that my husband can submit his passport. It has been more than 12 weeks.. nothing from HO. I called the Birmingham ECO presenting office on monday, now they said they will escalate this matter and find out whats going on and the lady said she will mail me back in 3 - 5 working days its been 3 days already but again nothing from them. I will wait till friday. Im too stressed

Rubablu · Post by **Rubablu** » Thu Mar 12, 2015 7:41 am

Mrs K wrote:
Rubablu wrote:
Mrs K wrote:Hi.. my hearing was on the 22nd on oct 2014 at Birmingham sheldon.. appeal was allowed on 13th dec 14. And i am still waiting.. i havnt heard anything from home office..
Hi Mrs K
Do you mean your appeal allowed on 13th Dec but still waiting for your BRP and document ? Why they are taking so long time ? Did you contacted HO ?
Hi Rubalu, Yes appeal allowed on 13th dec. I am waiting for a call letter so that my husband can submit his passport. It has been more than 12 weeks.. nothing from HO. I called the Birmingham ECO presenting office on monday, now they said they will escalate this matter and find out whats going on and the lady said she will mail me back in 3 - 5 working days its been 3 days already but again nothing from them. I will wait till friday. Im too stressed

You get it soon, do not worry. You are in better position than me because our appeal was allowed but HO applied for permission to appeal UT.

phaara · Post by **phaara** » Thu Mar 12, 2015 11:38 am

You get it soon, do not worry. You are in better position than me because our appeal was allowed but HO applied for permission to appeal UT.[/quote]

Dont worry you will get your visa soon.
Can u pkease share ur refusal reason if u dont mind (asking bcos our appeal is inline)

Thankyou

Rubablu · Post by **Rubablu** » Thu Mar 12, 2015 6:29 pm

phaara wrote:You get it soon, do not worry. You are in better position than me because our appeal was allowed but HO applied for permission to appeal UT.

Dont worry you will get your visa soon.
Can u pkease share ur refusal reason if u dont mind (asking bcos our appeal is inline)

Thankyou[/quote]

We applied on 7 years rules.Refusal was "copy and pest" letter and lot of reason does not match with us, such as my son did not start school in Bangladesh but they said he can go back to Bangladesh and he can start his education in there because he used to Bangladeshi education. They also said we can go back together and can start our family life there. My son refusal reason was- your parent application was refused so.... etc and they also said they are reducing immigration so if we go back to Bangladesh it will help to reduce immigration. LOL.

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Home Office lodged appeal against FTT

Home Office lodged appeal against FTT

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