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Hello all,

I recently faxed my appeal withdrawal to the tribunal(permission to FTT to allow to go to UT) on 21st of October, which was confirmed that it was received and also was logged into the system the same day. We sent application for ILR on the same day, but today we received decision from tribunal decision signed 22nd October and dated 27th has time being sent. The decision was that the permission to go to upper tribunal is refused

My Questions are:
1. Will it reflect to the home office that we withdraw the appeal before the application was sent, or the date of decision either 22nd or 27th may come into place.

Also my acknowledgement letter was sent to me instead of my representative. Is it a normal thing because the letter should have being sent to my representative.

Though the tribunal said I can write to them about this if it is something to look at.

Please advise, if there is anything I can do to inform the tribunal that my appeal was withdrawn before the decision.

Thanks.

That's why i suggest people when u withdraw your appeal always wait for appeal withdraw confirmation from court and they put new application.

Now u r in hands of HO

Zee,

We confirmed that they received the confirmation of withdrawer and it is in their system.

The problem was the judge sent decision on 22nd a day after withdrawal. The tribunal sent the letter on 27th, but day of decision was 22nd.

I do not think you have to wait for confirmation of withdrawal because it is written in the rules, you can withdraw the same day and send another application. I phoned the tribunal, they said yes it is true that they received it and is logged into the system. But the judge still sent decision anyway.

Any view on how to go about this obie, Amber and Vinny..

Unlike with the FTT, you have no right to withdraw an application at the Upper Tribunal.

Only the Upper Tribunal can exercise the power under Rule 17 to withdraw an appeal, unless it is a permission application.

If permission is refused you can simply put in your application, after the time has lapsed for renewal.

Obie wrote:Unlike with the FTT, you have no right to withdraw an application at the Upper Tribunal.

Only the Upper Tribunal can exercise the power under Rule 17 to withdraw an appeal, unless it is a permission application.

If permission is refused you can simply put in your application, after the time has lapsed for renewal.

Obie, Thank you. If you look at section 3c and page 1 of this link.
https://www.gov.uk/government/uploads/s ... 3_0EXT.pdf

Withdrawal is permitted if you are seeking permission to appeal to upper tribunal. See below. My own was permission to appeal to UT. What am asking you is that do you think it matters considering that I have first withdraw the appeal and they acknowledged the receipt of the withdrawal

Withdrawal of appeals in the Upper Tribunal
An applicant may give notice of the withdrawal of their case, or any part of it:
 at any time before a hearing, or
 orally at a hearing.
Effective date of withdrawal A notice of withdrawal will not take effect unless the Upper Tribunal agrees to it except in relation to an application for permission to appeal. The Upper Tribunal must notify each party in writing of the withdrawal. The effective date of the withdrawal it contained in the notice issued by the court.

Obie wrote:Unlike with the FTT, you have no right to withdraw an application at the Upper Tribunal.

Only the Upper Tribunal can exercise the power under Rule 17 to withdraw an appeal, unless it is a permission application.

If permission is refused you can simply put in your application, after the time has lapsed for renewal.

Obie, I have not received your response. I said the appeal was permisssion to lower tribunal to allow for upper tribunal.

Please note that ILR application was sent the same say after withdrawal confirmation.
As you said, unless it is permission application, we can withdraw without UT power. I am asking you should i need to worry since it was thier fault even though they accepted my withdrawal but the judge sent decision before he could see the withdrawal. while it was in their system that it is withdraw on 21st, and the judge sent decision on 22nd. The tribunal still sent the letter of decision on 27th. My lawyer said i should not worry that it is already deemed withdrawn since it is permission and they have confirmed that it they recived it as withdrawn

Also what did you mean by time has lapsed for renewal.

Cheers,

Great

Great77 wrote:

Obie wrote:Unlike with the FTT, you have no right to withdraw an application at the Upper Tribunal.

Only the Upper Tribunal can exercise the power under Rule 17 to withdraw an appeal, unless it is a permission application.

If permission is refused you can simply put in your application, after the time has lapsed for renewal.

Obie, I have not received your response. I said the appeal was permisssion to lower tribunal to allow for upper tribunal.

Please note that ILR application was sent the same say after withdrawal confirmation.
As you said, unless it is permission application, we can withdraw without UT power. I am asking you should i need to worry since it was thier fault even though they accepted my withdrawal but the judge sent decision before he could see the withdrawal. while it was in their system that it is withdraw on 21st, and the judge sent decision on 22nd. The tribunal still sent the letter of decision on 27th. My lawyer said i should not worry that it is already deemed withdrawn since it is permission and they have confirmed that it they recived it as withdrawn

Also what did you mean by time has lapsed for renewal.

Cheers,

Great

Read page 12 13 and 14

https://www.gov.uk/government/uploads/s ... 3_0EXT.pdf

You should be fine.

Obie wrote:You should be fine.

Thanks Obie. Much appreciated.

dear
I am in same satuation, I withdrew my application for permission to appeal and send my set (lr) and and my Mrs. FLR (M) on same day which is 28th august 2014 , we did biometric on 18th of sep 2014 and also received a withdrawal confirmation dated 12/09/14. I have the fax and roral mail special proof of delivery for withdrawal and visa application.
but on 23/10/14 my wife flrm applicaion returned back as void and in the letter case worker state that I withdrew on 12/09/14 and i apply on 28/08/14 . which is not true as I withdrew on 28/08/14.
now according to my understanding the case worker took my appeal withdrawal date the date on which the court send me the appeal withdawal confirmation which is 12/09/14, thats why they void my application.
today I send new flr m application with a cover letter and attached all my proofs of postage and delivery etc. and I also explain that the matter was in the FTT for permission to appeal to UP and I did all corresponding to FTT not to UP.
I am much worried about overstaying .
plz share your views in this satuation asthis fourm is very helpfull

Hi Samu140

Did you receive your own set (LR) as void as well?

Did you send your withdrawal by fax?

If you send your withdrawal by post, it is going to be the day tribunal received your letter.

The tribunal clerks are just making error if you sent it by fax, or it could be that you sent via both ways ( fax and postage) and they considered the postage withdrawal

Hi greet

no only flr m is voided not mine set lr
I send by fax and also by post on same day, which is received next day.
much worried

hi samu,

i am in the same situation as urs, u can check my posts for complete history of my case,
first they invalidate my application n then after resubmission they refused my application because i overstayed more than 28 days

samu140 wrote:Hi greet

no only flr m is voided not mine set lr
I send by fax and also by post on same day, which is received next day.
much worried

Samu140,

I saw your post that you got your ILR. It is a such good news and that withdrawing appeal and applying can yield to success.

Enjoy!

Hello all,

This is let you know that by the grace of Almighty God that my ILR is granted. Let me give you the timeline :



Applied 21/10/20 2014
Biometric Done 10/11/2014
Documents Received and also Biometric Card at the same day 25th February 2015.

Visas Student + PSW = 9years and 2 months +Section 3c =10 months Never out of time or gaps as well.
Appeal process took 10 months my appeal was adjourned in June to September because of few Judges and lack of court time. appeal lost in September and apply to FTT for permission to Upper Tribunal before withdrawal.

My solicitor informed me about this not long ago. Summary, I applied by withdrawing my application of " permission to appeal to upper tribunal" and on the same day applied for my ILR. We made sure the withdrawal is faxed and confirmation came as OK.
Please if you have already being given a date for upper tribunal permission, please do not apply same day. Mine was still permission. You can look at my profile to understand what happened

I phoned then in January response was it has been sent to a team in Shelfied (not sure but not liverpool). I phoned late January, they said, it is not completed.
And also Early February, under consideration, please wait. Phoned them February 20th, they said someone looked at my file February 13th, so wait. Then Phoned them yesterday they said packaged sent with tracking number given to me on 23rd February 2015. Tracked it online yesterday, delivered with BRP the same day.

I hope this helps someone.
I wish you all success. When I have the letter I will tell you what date of the approval.

Great77 wrote:Hello all,

This is let you know that by the grace of Almighty God that my ILR is granted. Let me give you the timeline :



Applied 21/10/20 2014
Biometric Done 10/11/2014
Documents Received and also Biometric Card at the same day 25th February 2015.

Visas Student + PSW = 9years and 2 months +Section 3c =10 months Never out of time or gaps as well.
Appeal process took 10 months my appeal was adjourned in June to September because of few Judges and lack of court time. appeal lost in September and apply to FTT for permission to Upper Tribunal before withdrawal.

My solicitor informed me about this not long ago. Summary, I applied by withdrawing my application of " permission to appeal to upper tribunal" and on the same day applied for my ILR. We made sure the withdrawal is faxed and confirmation came as OK.
Please if you have already being given a date for upper tribunal permission, please do not apply same day. Mine was still permission. You can look at my profile to understand what happened

I phoned then in January response was it has been sent to a team in Shelfied (not sure but not liverpool). I phoned late January, they said, it is not completed.
And also Early February, under consideration, please wait. Phoned them February 20th, they said someone looked at my file February 13th, so wait. Then Phoned them yesterday they said packaged sent with tracking number given to me on 23rd February 2015. Tracked it online yesterday, delivered with BRP the same day.

I hope this helps someone.
I wish you all success. When I have the letter I will tell you what date of the approval.

Congrats Great77

U took a big risk but end of the day u got what u want

Hi congrats on your ILR, I have been trying to reach Home Office via telephone, which number did you call them on to give you progress of your application?
Thanks

silverbird wrote:Hi congrats on your ILR, I have been trying to reach Home Office via telephone, which number did you call them on to give you progress of your application?
Thanks

The same number 0300 123 2241 and choose option about progress of application which i think is option 3.

Thanks