Status Update- After Appeal Allowed

Khizar wrote:Hearing date: 05/12/2013
Decission recieve date: 18/12/2013
( unlawful decission, asked for reconsideration)
Fees refunded: 10/01/2014

Documents or further queries: still waiting

Hi Khizar,

I am quite interested in knowing that how does one know whether their appeal allowed is for issuance of visa or for reconsideration. Does your appeal letter say this that HO should reconsider. Coz in that case they can request further more documents. I have hardly understood what's written on my appeal letter - all those paragraph this and that. All that I know is appeal has been allowed. So could you please let me know. Thanks

Hi All,

Just to give an update, I called HO to ask the status of my application. The lady said it's in queue and she can't really tell at what stage of the queue it is. As per her it's only been 10 weeks since my appeal has been allowed and it's quite early. HO takes much longer than this. She said, there is nothing she can do apart from writing to the case working team and ask them that how long it will take. Obviously, that case worker is never going to reply me back to tell the status or how long it will take. So, looks like a lot of patience is needed here & hope to get lucky

Goblin wrote:

Khizar wrote:Hearing date: 05/12/2013
Decission recieve date: 18/12/2013
( unlawful decission, asked for reconsideration)
Fees refunded: 10/01/2014

Documents or further queries: still waiting

Hi Khizar,

I am quite interested in knowing that how does one know whether their appeal allowed is for issuance of visa or for reconsideration. Does your appeal letter say this that HO should reconsider. Coz in that case they can request further more documents. I have hardly understood what's written on my appeal letter - all those paragraph this and that. All that I know is appeal has been allowed. So could you please let me know. Thanks

The decission which I receive from court clearly says that Home Office has made an unlawful decission and the application remains outstanding until a fresh lawful decission is made.
Application forwarded to home office for reconsideration and making of decission which has been provided in the court on the basis of evidential flexibility.
(This type of judgment is called as appeal allowed to limited extent).
Thanks

Very interesting thread...Anyway I found some very very useful information to those waiting for appeal implementation. Even though an appeal has been allowed, HO can look at it in different ways. There're different type of deteminations! Please read below..

Appeal Allowed - Appeal remitted to the respondent (Caseworker)

Where the appeal has been allowed to the extent that it has been remitted back to the Respondent and the port/casework section that refused the original LTE/LTR should review their decision to refuse taking into account the determination. If the casework section still considers the decision to refuse LTE/LTR is the right decision they should re-issue the decision direct to the appellant and/or their representatives.

Appeal allowed - no Directions given
HO receives an allowed determination and Tribunal has not given directions. SAT has not applied to court for the case to be reviewed.

Appeals are considered on the basis of the facts at the time of the original application not at the date of the appeal hearing. An allowed appeal means that the IJ has ruled that the HO was wrong to refuse LTR not that the applicant is entitled to LTR.

HO should normally issue Leave within 8 weeks of receiving the determination unless:

there has been a significant and material change in circumstances since the refusal decision of which the IAC would be unaware;

or
there has been a material deception which has come to light of which the Immigration Judge would not have been aware;

or
the results of checks that instigated prior to refusing applicant came back after the appeal was heard.

If the above circumstances apply, HO should first consider challenging the determination.

Re-refusing an application where appeal allowed but no directions given

Caseworkers should normally act in accordance with a determination unless the circumstances above applies.

Before re-refusing an applicant, caseworker must first ask the UKBA Specialist Appeals Team (SAT) to challenge the decision (see above). If the SAT challenge the decision, the Caseworker must take no action until UKBA inform them of the final appeal determination.

Senior Manager must endorse any re-refusal. The refusal notice must make it clear why caseworker was not prepared to grant TR. All new reasons for refusal must be factual and be supported by relevant documentation / evidence.

HO receives an allowed determination and the Immigration Judge has directed that LTR is issued.

There is a statutory duty under Section 87(2) of the 2002 Act for the caseworker to comply with directions, unless the determination is subject to further appeal.

Caseworker has no power to re-refuse an application if an immigration judge has 'directed issue' of LTR. HO must issue the LTR in accordance with the immigration rules.

Thank you choc ice, that was helpful, but i am still confused

Shah05 wrote:

kkkTier1 wrote:Appeal Date -25/11/13
Decision Date -09/12/13
Current Status - waiting for BRP & Docs

Have u got ur fees refund, if yes when?

I got my refund on 14/01/14

Hi guys . I was wondering if anyone can help me here. The upper tribunal judge allowed our appeal to limited extent and remit back to home office to make lawful decision and awarded the whole fee. When the judge award the fee is this a good thing? I am aware that remit to HO means that they might refuse again. But my question is when judge award the whole fee could this be a good sign?

Thanks in advance for replies

Lilidofonteh wrote:Hi guys . I was wondering if anyone can help me here. The upper tribunal judge allowed our appeal to limited extent and remit back to home office to make lawful decision and awarded the whole fee. When the judge award the fee is this a good thing? I am aware that remit to HO means that they might refuse again. But my question is when judge award the whole fee could this be a good sign?

Thanks in advance for replies

Appeal Allowed - Appeal remitted to the respondent (Caseworker)

Where the appeal has been allowed to the extent that it has been remitted back to the Respondent and the port/casework section that refused the original LTE/LTR should review their decision to refuse taking into account the determination. If the casework section still considers the decision to refuse LTE/LTR is the right decision they should re-issue the decision direct to the appellant and/or their representatives.

Hope and PRAY!!!!

Appeal Date: 18/12/2013
Decision Date: 21/01/2014
Fee Refund: 10/02/2014
BRP Received: 13/02/2014
Docs Received: 14/02/2014

Congrats Alik, Good luck with your travel. enjoy ur vacation.

alik28 wrote:Appeal Date: 18/12/2013
Decision Date: 21/01/2014
Fee Refund: 10/02/2014
BRP Received: 13/02/2014
Docs Received: 14/02/2014

Congrats alik28.... Freedom Freedom from all tensions
I think You are the quickest one got BR card after appeal....Happy Happies


Did they ask you extra documents?

My appeal allowed 6th jan till today they didn't refund my fee...

All the best for future

Hi,

Has anyone received verification call after won appeal? Is HO verifying only those whose applications haven’t decided yet?

Thanks

[quote="kkkTier1"]Hi,

Has anyone received verification call after won appeal? Is HO verifying only those whose applications haven’t decided yet?

Thanks[/quote]

Hi KKKTier1

Haven't heard anything as of now. Don't know how long this wait is gonna last.

Any update ????

Hello everyone just to update you. I just received delivery of my dependents brp cards. Mine wasn't sent, I will be calling them soon. Just another example of their inefficiencies. But thanks be to God. Finally! I'll be posting the timeline as soon as I receive mine. Thanks everyone who shared, it was of great help.

lily2013 wrote:Hello everyone just to update you. I just received delivery of my dependents brp cards. Mine wasn't sent, I will be calling them soon. Just another example of their inefficiencies. But thanks be to God. Finally! I'll be posting the timeline as soon as I receive mine. Thanks everyone who shared, it was of great help.

Congrats lily2013.... this is another good news.....don't worry yours will be get very soon....

All the best for future.

applied 22/11/12
refused 15/07/13
hearing 11/2/14
appeal allowed 19/2/14
judge didt ask for reconsideration and awarded the fee return

Shah4404, many congratulations. It's a big relief.

shah05 thank you v much but to see all of you after allowing appeal geting home office challenge news really break heart so not so happy as i will be the next ..in the list .of home office to be challenged

Hey your fees has been refunded. That's the positive point. You won't come in to this kind of situation. Enjoy mate.

[quote="lily2013"]Hello everyone just to update you. I just received delivery of my dependents brp cards. Mine wasn't sent, I will be calling them soon. Just another example of their inefficiencies. But thanks be to God. Finally! I'll be posting the timeline as soon as I receive mine. Thanks everyone who shared, it was of great help.[/quote]

Hi Lily,
Many congratulations, it's a big relief.
could you please let us know when was ur appeal allowed.

shah 05 fee is awarded but not refunded yet but judge didt ask for reconsideration thats the positive point lets see .how long it takes to know home office challege the decision ?

Thanks smartpen and Goblin. Ho sent my brp card and all my documents to my lawyer. They informed me when I called them. Strange cos I only used lawyer for appeal and not for the application itself and even stranger they only sent brp cards of dependents to me. Anyways yippee! Thank God.

Appeal on 16th December -allowed same day but Appeal allowed letter received on 7th January
Fees refunded on 27th January
Brp and documents received 19th February

I followed alik28 suggestions thanks for that. called home office like twice a week and asked advisor to send caseworker an email cos have to travel for business. Good luck to people still waiting. It will happen for you too soon

@shah4404, oh hope for the best now. Cause in my case they didn't put any note for reconsideration and HO did challenged further. Generally you should recieve it within 2 weeks of time. But The best way is to keep calling tribunal and ask about refund. If they will get any update they will let u know as well.

Don't worry. I m sure you will be fine.

[quote="lily2013"]Thanks smartpen and Goblin. Ho sent my brp card and all my documents to my lawyer. They informed me when I called them. Strange cos I only used lawyer for appeal and not for the application itself and even stranger they only sent brp cards of dependents to me. Anyways yippee! Thank God.

Appeal on 16th December -allowed same day but Appeal allowed letter received on 7th January
Fees refunded on 27th January
Brp and documents received 19th February

I followed alik28 suggestions thanks for that. called home office like twice a week and asked advisor to send caseworker an email cos have to travel for business. Good luck to people still waiting. It will happen for you too soon[/quote]

Glad to hear that Lily. But I guess one has to be lucky too. I have been calling home office before Alik28 did & requested the same. Agent did send an email to case worker , but no luck. I even sent them fax explaining my urgency, but still nothing. My appeal was allowed on 6th dec. But i don't know what is taking so long. I had called today even, and they said that my fax has been received and will b looked into but the current status of my application is that its in queue and has not been forwarded to case working team as of now .. arrgghh. Can't help and can't do anything more than this. I need to travel urgently but guess I will have to wait for HO to have some pity on all of us rather. But I am happy, that it's helping some if not all