Advertising material was not dated before 11th July 2014

liliana_03 wrote:Hi Repopin,
My visa was also rejected for the lack of evidences of marketing material before 11 July 2014, my appeal was heard on 16 April and I am still waiting for the response. The judge was neither aware of the new regulation, I am worry and preparing mentally to reapply in the same category. When was your court hearing?
All the best!!

Hi innovation,
Thanks for the information provided. Can I ask you if you know any good reliable lawyer that can help with second application. Many thanks.

reponin wrote:Hi All,
I have received written decision from FTT judge. She dismissed my appeal. She mentioned on the report that she has no doubt about my credibility as an entrepreneur. However, according to section 85A in the immigration law she can only consider the evidence which was provided along with the main application, therefore any evidence in terms of advertising materials which shows my business was actively trading since before 11th July will not be considered as they were not submitted along with my main application.
I have done some research on section 85A of immigration rule and found an interesting fact that the section 85A has been repealed.
Now I applied to FTT to obtain permission to go UTT. Can any one in the forum to suggest any necessary course of action needed to back up my appeal?
Thanks in advance.

naveediiqbal wrote:

reponin wrote:Hi All,
I have received written decision from FTT judge. She dismissed my appeal. She mentioned on the report that she has no doubt about my credibility as an entrepreneur. However, according to section 85A in the immigration law she can only consider the evidence which was provided along with the main application, therefore any evidence in terms of advertising materials which shows my business was actively trading since before 11th July will not be considered as they were not submitted along with my main application.
I have done some research on section 85A of immigration rule and found an interesting fact that the section 85A has been repealed.
Now I applied to FTT to obtain permission to go UTT. Can any one in the forum to suggest any necessary course of action needed to back up my appeal?
Thanks in advance.

Much interesting, This could be a strong ground to appeal to UTT providing that it should have allowed Judge to consider new evidence. Senior members can advise further.

We need a clear guidance in terms of new evidence under repealing of 85A. Please somebody senior advise

I have found a link that could help

http://www.legislation.gov.uk/ukpga/201 ... rospective

naveediiqbal wrote:

naveediiqbal wrote:

reponin wrote:Hi All,
I have received written decision from FTT judge. She dismissed my appeal. She mentioned on the report that she has no doubt about my credibility as an entrepreneur. However, according to section 85A in the immigration law she can only consider the evidence which was provided along with the main application, therefore any evidence in terms of advertising materials which shows my business was actively trading since before 11th July will not be considered as they were not submitted along with my main application.
I have done some research on section 85A of immigration rule and found an interesting fact that the section 85A has been repealed.
Now I applied to FTT to obtain permission to go UTT. Can any one in the forum to suggest any necessary course of action needed to back up my appeal?
Thanks in advance.

Much interesting, This could be a strong ground to appeal to UTT providing that it should have allowed Judge to consider new evidence. Senior members can advise further.

We need a clear guidance in terms of new evidence under repealing of 85A. Please somebody senior advise

I have found a link that could help

http://www.legislation.gov.uk/ukpga/201 ... rospective

any one please, need guidance on what implications of this. Thanks

reponin wrote:Hi All,
I have received a letter from first tier tribunal saying that the first tier tribunal has refused or not admitted my application for permission to appeal to upper tribunal.
The reason they state that the judge was right to apply s.85A and restrict the evidence as that section was not repealed until 2015. The decision appealed against was made on 22 September 2014. The law to be applied is that at the date of decision and the ground is without merit.
Now what could I do to make my stay in the UK? In the letter also saying I may apply to upper tribunal for permission to appeal on a point of law arising from the first tier tribunal.
Please advice me what I can do now?

reponin wrote:Hi All,
I have received a letter from first tier tribunal saying that the first tier tribunal has refused or not admitted my application for permission to appeal to upper tribunal.
The reason they state that the judge was right to apply s.85A and restrict the evidence as that section was not repealed until 2015. The decision appealed against was made on 22 September 2014. The law to be applied is that at the date of decision and the ground is without merit.
Now what could I do to make my stay in the UK? In the letter also saying I may apply to upper tribunal for permission to appeal on a point of law arising from the first tier tribunal.
Please advice me what I can do now?

naveediiqbal wrote:

reponin wrote:Hi All,
I have received a letter from first tier tribunal saying that the first tier tribunal has refused or not admitted my application for permission to appeal to upper tribunal.
The reason they state that the judge was right to apply s.85A and restrict the evidence as that section was not repealed until 2015. The decision appealed against was made on 22 September 2014. The law to be applied is that at the date of decision and the ground is without merit.
Now what could I do to make my stay in the UK? In the letter also saying I may apply to upper tribunal for permission to appeal on a point of law arising from the first tier tribunal.
Please advice me what I can do now?

Oh sorry, its unfortunate to hear such a bad news. But, did you get the full understanding of what this section is about and what it has to do with your case. Further, I thought if it was applicable at your hearing date then it should be taken into account. What was your hearing date btw

reponin wrote:

naveediiqbal wrote:

reponin wrote:Hi All,
I have received a letter from first tier tribunal saying that the first tier tribunal has refused or not admitted my application for permission to appeal to upper tribunal.
The reason they state that the judge was right to apply s.85A and restrict the evidence as that section was not repealed until 2015. The decision appealed against was made on 22 September 2014. The law to be applied is that at the date of decision and the ground is without merit.
Now what could I do to make my stay in the UK? In the letter also saying I may apply to upper tribunal for permission to appeal on a point of law arising from the first tier tribunal.
Please advice me what I can do now?

Oh sorry, its unfortunate to hear such a bad news. But, did you get the full understanding of what this section is about and what it has to do with your case. Further, I thought if it was applicable at your hearing date then it should be taken into account. What was your hearing date btw

Hi,

Good luck for your next hearing. When did you apply and when is your next UT hearing date

Regards,

Hi Naveediiqbal,
sorry for late reply. My hearing date was 30/04/2015. The particular law (Section 85A) was repealed in 2015. I had permission to apply to Upper tribunal. So, I already applied to upper tribunal and hoping for the miracle to happen. Thanks

reponin wrote:I just applied to Upper Tribunal last week and was not assigned any hearing date yet. I have engaged a solicitor to deal with the matter. However, I am wondering am I going to get any hearing date from UT or they just inform me about the outcome of the case?
Regards