Appeal Allowed to limited Extend

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Appeal Allowed to limited Extend

Postby tier1entrepreneurrefusal » Thu Sep 12, 2013 3:39 pm

Hi All,

I had my appeal hearing yesterday.

*Reason for refusal: missing current appointment report.

*Route via PSW 50k no partner

* Applied on 18 Sept 2012

* No CAR was submitted at the time of application

* Although CAR was printed on 11 Sep 2012

*Application was refused 23rd March 2013

* Sent the copy of CAR dated 11 september 2012 and fresh one with the appeal

* At hearing provided another fresh copy

* Judge was satisfied with the evidence but allowed my appeal to limited extend

Can someone please explain what does that mean and what are chances now.

Thanks in advance
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Re: Appeal Allowed to limited Extend

Postby annoyedatukba » Thu Sep 12, 2013 3:47 pm

tier1entrepreneurrefusal wrote:Hi All,

I had my appeal hearing yesterday.

*Reason for refusal: missing current appointment report.

*Route via PSW 50k no partner

* Applied on 18 Sept 2012

* No CAR was submitted at the time of application

* Although CAR was printed on 11 Sep 2012

*Application was refused 23rd March 2013

* Sent the copy of CAR dated 11 september 2012 and fresh one with the appeal

* At hearing provided another fresh copy

* Judge was satisfied with the evidence but allowed my appeal to limited extend

Can someone please explain what does that mean and what are chances now.

Thanks in advance


If I understand this correctly... the judge allowed your appeal so not the secretary of state / Home Office will make a fresh decision regarding your application based on the Current Appointments Report that you gave in. If this is the only reason why you were refused, then you should be fine.

However, having said that, even though it is quite unlikely, but there is a very small possibility that they can find something else to refuse your application on.
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Postby tier1entrepreneurrefusal » Sat Sep 14, 2013 2:31 pm

Thanks for the feedback.
Yes this was on the only reason for refusal.
So on the basis of evidence flexibility even though this was a must submit document
There are still chances of a positive decision from HO?
In case if HO make a decision against me even after the evidence submitted at the of hearing.
Will i get a right of appeal again?
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Postby gulrose786 » Sat Sep 14, 2013 6:54 pm

tier1entrepreneurrefusal wrote:Thanks for the feedback.
Yes this was on the only reason for refusal.
So on the basis of evidence flexibility even though this was a must submit document
There are still chances of a positive decision from HO?
In case if HO make a decision against me even after the evidence submitted at the of hearing.
Will i get a right of appeal again?



feel free and just wait for your visa now buddy
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Postby tier1entrepreneurrefusal » Sun Sep 15, 2013 8:55 am

Thanks Mr Gulrose.
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Postby Amber » Thu Oct 10, 2013 8:35 am

tier1entrepreneurrefusal wrote:Hi All,

Please assist with your valuable advise.

I did applied for Tier 1 entrepreneur visa x PSW 50 K basis in Sept 2012
got refused march 2013. Had my hearing on 12 Sept 2013. Appeal was allowed and Judge asked the home office to reconsider and give a lawful decision.

Now my question is as i am still waiting for the decision.

In Nov 2013 i am completing 10 years of legal residence.

Can i apply for ILR ? or i will have to wait until i get a decision.

Please advise.

Thanks.
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Postby Amber » Thu Oct 10, 2013 8:36 am

You may vary a valid application.
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Postby vinny » Thu Oct 10, 2013 8:42 am

It may be more complicated. You may vary an undecided valid application.

But this application had already been decided (refused) and the subsequent appeal was allowed? However, did the judgment make the application undecided again?

Probably no.
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Postby tier1entrepreneurrefusal » Sat Oct 19, 2013 2:17 am

Got my court fee for appeal refunded back to me Today.

So hopefully will get my visa soon as well.
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Hi

Postby rooney0511 » Sat Oct 19, 2013 8:18 am

tier1entrepreneurrefusal wrote:Got my court fee for appeal refunded back to me Today.

So hopefully will get my visa soon as well.


Can you please tell when the cheque wad dated.
I am asking because normally they send out the decision first and the cheque later. I know a lot of people who won appeals but never got the payment.

If I were you, I would check if a decision was made or not or they are again back to looking at the file for new ways to refuse.

The UKBA very cleverly using the phrase " we have NOT carried out full checks at this time and we reserve the right to do so in future if you decide to appeal or make a fresh application."

Make a call to the helpline maybe you may get more info.
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Postby RizKCB » Mon Oct 21, 2013 12:59 pm

Re-assessment after allowed appeal is controversial issue. Nobody yet discussed it in this forum if it happened. Moreover, those who got their appeals allowed 3-4 months back, did not update about receiving their BRP. (At least I didnt know either of such case). If anybody got reassessment or got their BRP after allowed appeal; please update.

Moreover in refusal decision letter; it is mentioned as follow:

“In line with paragraph 245DD(1) of the immigration rules, we have not carried out an assessment as detailed in paragraph 245DD(h) of the immigration rules as your application has been refused. We reserve the right to carry out this assessment in any challenge of this decision or in future applications for Tier1 (Entrepreneur).”

In our successfully allowed appeal; judge included his observation on above point according to our case that:

“The respondent stated that although the relevant appellant was not entitled to a statutory right of appeal he might wish to make a fresh application with new or additional information. It is to be noted that at the time of refusal the only leave each appellant had to remain was under section 3C of the 1971 Act.”
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hi

Postby LEGAL SOLUTION » Tue Oct 22, 2013 11:28 am

so far so, 3 of my clients got a fresh refusal after the ho withdrew the decision for reconsideration or if judge allowed to limited extent and remitted the case.

things are not very positive right now
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Postby Appellant102 » Tue Oct 22, 2013 11:42 am

@legal solution what were the initial refusal reasons and on what grounds have they been refused again, please give us more details. Thank you!
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Re: hi

Postby babylondoner » Tue Oct 22, 2013 12:34 pm

LEGAL SOLUTION wrote:so far so, 3 of my clients got a fresh refusal after the ho withdrew the decision for reconsideration or if judge allowed to limited extent and remitted the case.

things are not very positive right now


seriously? in such cases, do they have right of appeal?
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Re: hi

Postby babylondoner » Tue Oct 22, 2013 12:35 pm

babylondoner wrote:
LEGAL SOLUTION wrote:so far so, 3 of my clients got a fresh refusal after the ho withdrew the decision for reconsideration or if judge allowed to limited extent and remitted the case.

things are not very positive right now


seriously? in such cases, do they have another right of appeal?
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Postby Dayyurite » Thu Oct 24, 2013 7:02 am

My lawyer told me that if that kind of case is refused again you will have a right of appeal because that will stand as a first decision on your application as previous decision was withdrew by judge.

I am also in the same situation
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Postby Appellant102 » Thu Oct 24, 2013 7:26 am

@dayurite were u refused again and why? Please can you share your experience.
Thanks
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Postby Dayyurite » Thu Oct 24, 2013 2:12 pm

No, Just got the appeal decision where Judge allowed it to limited extent
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Postby Appellant102 » Thu Oct 24, 2013 3:19 pm

@dayyurite ok hopefully you get your brp and docs soon.
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Postby tier1entrepreneurrefusal » Wed Nov 13, 2013 6:54 pm

the money was refunded back to my bank account directly not as a cheque as i had provided my bank details while submitting my appeal in the payment section.
I had my hearing on 11 September got the decision on 20th and the money was in my account within 4 weeks of appeal decision. And i havent heard anything from H.O since then.
Finger Crossed.
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