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Appeal allowed but HO appeal against the decison.

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sad.1
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Appeal allowed but HO appeal against the decison.

Post by sad.1 » Mon Feb 17, 2014 7:50 pm

My appeal was allowed on 6th feb and I have received the letter on 7th February. I had a feeling that maybe home office will go against this decision.........I have called my solicitor today but he said he haven't received anything against its but I wasn't satisfied I have called FTT they said they have receive the Aplocation form from HO, they want to challenge the decision of judge.........I am just so curious its already been 10 days now and they have received it today. I asked them why they have appealed against it so late she said we are waiting for the bundle and we will see why have they appealed against it and why does they took so much time to appeal. rehan01 what about you!???????

Cc143
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Re: Appeal allowed but HO appeal against the decison.

Post by Cc143 » Mon Feb 17, 2014 10:24 pm

Hi, I am in a similar situation.
What was ur initial refusal reason?
Mine was not having applicants name in third party bank letter..
Yours??

sad.1
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Re: Appeal allowed but HO appeal against the decison.

Post by sad.1 » Mon Feb 17, 2014 10:48 pm

Hi I had 4 refusals points..... Business consultant title
Is not available on their list
2- bank didnt mentioned my name on their letter head.
3- current appoint report was not submitted but incorporate certificate of incorporate was submitted, and memorandum which shows I am the 100% share holder.
4- business contract didnt contained the email and lahdlune

I don't know whether HO appeal will be accepted or not because they have only submitted their permission for upper tribunal today and yet they have to submit the bundles so let's see what's next.

Shah05
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Re: Appeal allowed but HO appeal against the decison.

Post by Shah05 » Tue Feb 18, 2014 1:39 am

@ sad1, very sorry to hear that. I am also in a same situation.

Appeal allowed on 6th February and recieved letter that HO have challenged further on 15th February. But they sent letter on of 12th February.

So again waiting for the bundle.

Keep posting.

sad.1
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Re: Appeal allowed but HO appeal against the decison.

Post by sad.1 » Tue Feb 18, 2014 2:41 am

shah05 this is their NEW TREND i havent received no letter i was having a feeling so i just called the tribunal services and asked them the refund of fee and all they just said to me they have received a challenge letter from HO ive asked them how come its almost 10 days now so how can they appeal even after 5 days passed. she said we r waiting for the bundle and we will see if this will be accepeted or not.
Shah05 wrote:@ sad1, very sorry to hear that. I am also in a same situation.

Appeal allowed on 6th February and recieved letter that HO have challenged further on 15th February. But they sent letter on of 12th February.

So again waiting for the bundle.

Keep posting.

Shah05
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Re: Appeal allowed but HO appeal against the decison.

Post by Shah05 » Tue Feb 18, 2014 9:16 am

Did u asked when did they recieved request from HO?

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KingNothing
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Re: Appeal allowed but HO appeal against the decison.

Post by KingNothing » Tue Feb 18, 2014 10:05 am

Seems it is a NEW trend indeed! I am same as all of you.

Had hearing on Jan 28th and appeal was allowed on Feb 6th. On court date, Home Office re-presenter did not mention anything at all. He said its a minor mistake by Case Worker so requested to send back to reconsider.

I made a call yesterday lunch time there was no challenge yet. Made another call today and they said there is a Challenge filed against your appeal allowance. 11 days instead of 5. She said it is not clear if judge will approve it or not as post will take couple of days only.

Refused on my own signature missing we referred to Evidential Flexibility on missing information and letter in incorrect format. If UT allow the challenge then they either approve it or possibly Fresh application.

Does anyone else think different?

Shah05
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Re: Appeal allowed but HO appeal against the decison.

Post by Shah05 » Tue Feb 18, 2014 10:12 am

Same way. Preparing for new application as well.

sad.1
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Re: Appeal allowed but HO appeal against the decison.

Post by sad.1 » Tue Feb 18, 2014 11:30 am

Yes shah05 I did asked them they have received it on 17th feb which was yesterday. And I personally believe its over 5 days now. I really don't know what these HO wants from us I m stuck since August 2012. I am hoping UT don't accept their appeal.
Shah05 wrote:Did u asked when did they recieved request from HO?

Shah05
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Re: Appeal allowed but HO appeal against the decison.

Post by Shah05 » Tue Feb 18, 2014 2:58 pm

Than u still Have a hope that UT might deny their request and you will get ur brp. Hope for the best dear. In my case they challenged within the time frame so I don't know what will happen. Just waiting for another letter.

sad.1
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Re: Appeal allowed but HO appeal against the decison.

Post by sad.1 » Tue Feb 18, 2014 3:31 pm

shah05 i am sure but i am confused like i have received the post on 7th feb and decision was made on 6th but did HO also received the decision same day as me or they have received it somehow later? dont really know if they have received it on 10thfeb then i would say they had last date till 14thfeb.....or 15thfeb but court have received the form on 17thfeb......i am very hoping that they will not get any permission to the UT. MY ALLAH is my judge and his court is the biggest court than these courts.
Shah05 wrote:Than u still Have a hope that UT might deny their request and you will get ur brp. Hope for the best dear. In my case they challenged within the time frame so I don't know what will happen. Just waiting for another letter.

Shah05
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Re: Appeal allowed but HO appeal against the decison.

Post by Shah05 » Tue Feb 18, 2014 6:02 pm

yea this might be the case as well. they might have received later as well. lets fight again as we have won once we will win again. ALl of you please keep posting here ur updates so we can have better idea and can share experience as we are sailing into same boat.

sad.1
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Re: Appeal allowed but HO appeal against the decison.

Post by sad.1 » Wed Feb 19, 2014 12:15 am

hi shah05 i have called them today and asked whats the next step they just have told me that they are not going to UPPER TRIBUNAL they just went to first tier tribunal to review the judge decision in which they will send the grounds to judge and then he/she will review the decison then judge will give the decision. so its not upper tibunal and i think they have lost 5 days to go upper tribunal thats why they have asked another judge to review the decision. its really strange never heard of this.

Shah05 wrote:yea this might be the case as well. they might have received later as well. lets fight again as we have won once we will win again. ALl of you please keep posting here ur updates so we can have better idea and can share experience as we are sailing into same boat.

Shah05
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Re: Appeal allowed but HO appeal against the decison.

Post by Shah05 » Wed Feb 19, 2014 12:52 am

Oh it's too weird. I have never heared of it. I think so you will be fine as far as you are not going to UT. don't worry you will definitely go through this review and we will surely see your name as happy1 soon.
Last edited by Shah05 on Wed Feb 19, 2014 2:08 am, edited 1 time in total.

sad.1
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Re: Appeal allowed but HO appeal against the decison.

Post by sad.1 » Wed Feb 19, 2014 1:47 am

oh yess i dont know but this is what tribunal told me that they asked first tier judge to review the decision this is it. but they are not going to upper tribunal so i am hoping i got a better judge to review it. i will keep posting in morning i will confirm from my lawyer about the letter they have received, and see the details what they r on about.
Shah05 wrote:Oh it's too weirded. I have never heared of it. I think so you will be fine as far as you are not going to UT. don't worry you will definitely go through this review and we will surely see your name as happy1 soon.

Shah05
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Re: Appeal allowed but HO appeal against the decison.

Post by Shah05 » Wed Feb 19, 2014 2:09 am

I wish you a very good luck. Keep informing as soon as u hear anything.

sad.1
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Re: Appeal allowed but HO appeal against the decison.

Post by sad.1 » Wed Feb 19, 2014 2:11 am

what do u think what it could be as i know where my hearing was that was a tier tribunal and now they asked for first tier permission means a one level higher tribunal judge to review my decision. :(
Shah05 wrote:I wish you a very good luck. Keep informing as soon as u hear anything.

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KingNothing
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Re: Appeal allowed but HO appeal against the decison.

Post by KingNothing » Wed Feb 19, 2014 7:49 am

Let's not stress and judge in advance and wait and see what happens and update here... I think it is all about giving permission to go to UT or not...
The woman in court told me it is up to judge decision if it should go to UT or not. That simply means if the challenge application get granted or not...
Anyway, if we go to UT and the appeal was not allowed,we still have two more options: Fresh Application, Judge Review. I know it is a hassle to apply again including expenses on time and money but when there is no any other option, we should go for it...

Shah05
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Re: Appeal allowed but HO appeal against the decison.

Post by Shah05 » Wed Feb 19, 2014 9:32 am

@sad1, in this case we just need to wait n c what will come. It's crucial time I know to wait for weeks but we are left with no choice. So pray till that time. We will hope for the best.

sad.1
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Re: Appeal allowed but HO appeal against the decison.

Post by sad.1 » Wed Feb 19, 2014 3:31 pm

yes i know i ve called them today and they said we have sent it out to judge to review it and we will see what will happened about it if judge says it required to go UT then it will otherwise judge will allow the appeal i am hoping that they do not get any permission to UT.
KingNothing wrote:Let's not stress and judge in advance and wait and see what happens and update here... I think it is all about giving permission to go to UT or not...
The woman in court told me it is up to judge decision if it should go to UT or not. That simply means if the challenge application get granted or not...
Anyway, if we go to UT and the appeal was not allowed,we still have two more options: Fresh Application, Judge Review. I know it is a hassle to apply again including expenses on time and money but when there is no any other option, we should go for it...

sad.1
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Re: Appeal allowed but HO appeal against the decison.

Post by sad.1 » Wed Feb 19, 2014 3:32 pm

shah05 i know it is crucial time lets see what will happened to us.
i am really pissed off due to HO. they are making no sense now a days.
bunch of idiots.

quote="Shah05"]@sad1, in this case we just need to wait n c what will come. It's crucial time I know to wait for weeks but we are left with no choice. So pray till that time. We will hope for the best.[/quote]

rehan01
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Re: Appeal allowed but HO appeal against the decison.

Post by rehan01 » Thu Feb 20, 2014 3:56 am

Hold tight and u will be fine ..... My actual decision was taken on 6th February and been told that letter was sent to my representative but after 3 days of not receiving determination my solicitor sent fax to tribunal and they replied back sorry it was confusion and we are sending in the post today n u will have it by tomorrow so my determination is dated 12 February so 2 days for postage and they have 5 days after that and tomorrow Friday is the last date for HO is to challenge and go to upper tribunal ....... But my solicitor is very positive about it that decision like this is very very less chances to be challenged in UT as it's been allowed on immigration rules and judge gave very detailed determination ...... Including things like I have read appellant business plan and I found it very comprehensive and well balanced. Bank statement shows access to funds since submission of application and respondent has failed to follow her procedural duties...... Etc etc


But again have to wait till tomorrow as I called them yesterday and nothing is been filed yet so let c wht happens in next 2 days.

Regards





sad.1 wrote:My appeal was allowed on 6th feb and I have received the letter on 7th February. I had a feeling that maybe home office will go against this decision.........I have called my solicitor today but he said he haven't received anything against its but I wasn't satisfied I have called FTT they said they have receive the Aplocation form from HO, they want to challenge the decision of judge.........I am just so curious its already been 10 days now and they have received it today. I asked them why they have appealed against it so late she said we are waiting for the bundle and we will see why have they appealed against it and why does they took so much time to appeal. rehan01 what about you!???????
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

sad.1
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Re: Appeal allowed but HO appeal against the decison.

Post by sad.1 » Thu Feb 20, 2014 4:30 am

rehan01 now whats happening is HO is playing nasty tricks as they knew my long residency is going to be finish within a year so thats why they have to do this shit.....my solicitor received it on 7th feb and i dont kno when HO have received it ive called them on 17th and they said they have received the form today and i asked them how can they challenge the decision after 10days?

and she said we dont know yet once we received everything we will see if its going to be allow or not......i have called them almost everyday and she said the decision has been sent out to another judge to review he/she will see if the decison was made failty then they wont be allowed to go to UT

i personally believe that judge has made the right decision because he have explained it very well on every deficiency and clearly point out the rules and law about it......he send out 10 pages decision took him 4 weeks to reply..........i wish i got another good judge to review my case and dont allow them. but ALLAH(SWT) is my judge if its written then no one can snatch it. let them play these nasty tactics.

rehan01 wrote:Hold tight and u will be fine ..... My actual decision was taken on 6th February and been told that letter was sent to my representative but after 3 days of not receiving determination my solicitor sent fax to tribunal and they replied back sorry it was confusion and we are sending in the post today n u will have it by tomorrow so my determination is dated 12 February so 2 days for postage and they have 5 days after that and tomorrow Friday is the last date for HO is to challenge and go to upper tribunal ....... But my solicitor is very positive about it that decision like this is very very less chances to be challenged in UT as it's been allowed on immigration rules and judge gave very detailed determination ...... Including things like I have read appellant business plan and I found it very comprehensive and well balanced. Bank statement shows access to funds since submission of application and respondent has failed to follow her procedural duties...... Etc etc


But again have to wait till tomorrow as I called them yesterday and nothing is been filed yet so let c wht happens in next 2 days.

Regards





sad.1 wrote:My appeal was allowed on 6th feb and I have received the letter on 7th February. I had a feeling that maybe home office will go against this decision.........I have called my solicitor today but he said he haven't received anything against its but I wasn't satisfied I have called FTT they said they have receive the Aplocation form from HO, they want to challenge the decision of judge.........I am just so curious its already been 10 days now and they have received it today. I asked them why they have appealed against it so late she said we are waiting for the bundle and we will see why have they appealed against it and why does they took so much time to appeal. rehan01 what about you!???????

Shah05
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Re: Appeal allowed but HO appeal against the decison.

Post by Shah05 » Thu Feb 20, 2014 10:40 am

I called them yesterday n they said it will take up to 6 weeks time to decide if they will consider the request or not. I think they have given time line but I believe I should be receiving letter soon. Anybody got idea About general time line in between?

sad.1
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Re: Appeal allowed but HO appeal against the decison.

Post by sad.1 » Thu Feb 20, 2014 2:32 pm

shah05 i just want to know whats the first letter you have received whats that all about???? they just said to me they have sent the letter to my solicitor and he said he havent received it.............tribunal said to me they have sent the decision to another judge and he/she will review it and will allow them or decline the permission............judge has explained every single deficiency according to law and he took 4 weeks to allow the appeal. i believe other judge will consider the first judge decision.
Shah05 wrote:I called them yesterday n they said it will take up to 6 weeks time to decide if they will consider the request or not. I think they have given time line but I believe I should be receiving letter soon. Anybody got idea About general time line in between?

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