ILR refused

[billy121]

Precisely.

it seem to me that HO cannot pray in aid to the statutory restrictions, when if it was not for them misleading tne OP, the matter would have been resolved in his favour.

hello

dear obie

i have got one quarry the tribunal took my hearing money in 24th of august 2015 i am still waiting for the date do you think i can request the tribunal for a quicker hearing date

regards

abdulla

[billy121]

hello guys i was wondering is there any way you can get a ground of appeal from fist tier tribunal

[billy121]

i mean i want to get a copy from the first tier tribuanl as i am waiting for judicial review

[Obie]

interesting that your case is still pending after this long.

[billy121]

dear members

after a long long time i got some news i went for the first tier tribunal and the appeal was dismissed then i went for the cart Jr which is cpr 54 (a) i guess and that came in favour of me then it remit back to UTT and the upper tribunal set aside the ftt judgment and make a new decision it says the ftt make an error in law and i allow the appeal on the basis of human right

within 2 weeks time i got the BRP with with 30 month visa
now my question is why its 30 month i applied for ILR i win the appeal so they should restore my ilr application how they came up with this 30 month visa?

(forgot to say HO asked me for 500 pound which i paid)

my barrister said me i can go for an admin review?
when is the last day to do admin review against leave i have got?

can i do a judicial review again ?

because i would like to drag them in the court room

thanks

[secret.simon]

the upper tribunal set aside the ftt judgment and make a new decision it says the ftt make an error in law and i allow the appeal on the basis of human right

A judgment on human rights grounds generally does not lead to ILR, but to FLR(FP) or LOTR (Leave Outside The Rules) and a ten year path to ILR. Check the judgement that you got carefully to see precisely what it says.

[billy121]

thanks Mr simon but next time if i want to extend my visa what kind of document i have to submit

its says " your appeal has been allowed by the tribunal on ECHR ARTICLE 8 GROUNDS AND YOU HAVE THEREFORE BEEN GRANTED LEAVE TO REMAIN OUTSIDE OF THE IMMIGRATION RULES FOR PERIOD OF 30 MONTH , YOU CAN APPLY TO RENEW THIS LEAVE AFTER 120 MONTH

and my question is if they are out from the EU what will happen to me

[secret.simon]

ECHR ARTICLE 8 GROUNDS...my question is if they are out from the EU what will happen to me

The ECHR is not the EU.

[Obie]

I have had the same problem recently. Challenged ILR refusal. Only ground of appeal against that refusal is on human right grounds. The appeal was allowed and 30 months was granted, which in my view is wrong, especially when the challenge was on the basis that refusal of ILR, breaches a person's right under Article 8 ECHR.

[billy121]

thanks for your reply obie my one is founded by high court and utt and also OISC that my problem done by previous solicitor i am a victim and thats why i am going for admin review which may be consider by HO or may be not if not can i go for judicial review ?

[Obie]

thanks for your reply obie my one is founded by high court and utt and also OISC that my problem done by previous solicitor i am a victim and thats why i am going for admin review which may be consider by HO or may be not if not can i go for judicial review ?

No right of admin review. It is a JR matter.

[vinny]

I have had the same problem recently. Challenged ILR refusal. Only ground of appeal against that refusal is on human right grounds. The appeal was allowed and 30 months was granted, which in my view is wrong, especially when the challenge was on the basis that refusal of ILR, breaches a person's right under Article 8 ECHR.

One of the absurdity of the appeals system is that it undermines the Immigration rules.

[Obie]

A complete absurdity indeed. But the way I proceed with the appeal, is making clear to the judge that on the basis of authority, an appellant is entitled to plead that a refusal of ILR breaches their convention rights, notwithstanding the fact that he will not determine the rule per sa. That if the person is able to make his case, he or she is entitled to succeed in their appeal and must be issued ILR. The presenting officer agreed with my assessment and said it is reasoned, and then someone else in their department went and issued 30-month under the 10 years partner route.

Sometimes I just feel like taking a bulldozer, ask everyone out of the Home office, issue everyone their residence and demolish the whole UKVI building. This is how frustrated I get with these people.

How can you issue 30 months leave under the 10years partner when a partner does not exist. They are just jokers, trying to play with peoples emotions and dreams.

When we get to the court we will see who will get the last laugh.

Yesterday I read on the papers that some people waited for 10 years for a decision on their claim.

[billy121]

thanks for your reply obie but i have been told i can not go strait jr i have to ask home office to reconsider their decision after then i go for jr ?

and they issue my brp on 9th of august so what is the time frame for JR?

[billy121]

hi obie can you pls give some advice what shall i do now shall i ask for home office to reconsider or go for jr

[Obie]

You may need to send a pre action protocol first.

[billy121]

so shall i give pre action protocal after i have heard from the reconsideration from home office

[billy121]

hi i have lodged paper JR against home office as they gave me 30 month visa instead of ILR
Now i have got few question

can i travel to my county when the JR result is pending?

will they make it a issue when i will coming back?

[billy121]

hello is there anybody who can response

[zimba]

JR will not interfere with that

[billy121]

hi thanks for your answer i have got the paper decision and the court ask me to pay 700 pound within 9 days

Now my question after i pay the money they will send a new hearing day but i am traveling in next month 25 so what will happen then?

my solicitor said he will ask the HO to re consider their decision

now my only question is when i am coming back to UK they will make it a issue?

[billy121]

[quote=billy121 post_id=1772466 time=1556135198 user_id=124423]
hi thanks for your answer i have got the paper decision and the court ask me to pay 700 pound within 9 days

Now my question after i pay the money they will send a new hearing day but i am traveling in next month 25 so what will happen then?

my solicitor said he will ask the HO to re consider their decision

now my only question is when i am coming back to UK they will make it a issue?

i am on 30 month visa now

[zimba]

JR has nothing to do with your current visa

[billy121]

just an quick update

the paper appeal comes in my favour (against 30 month visa instead of ILR)
its says its arguable

now my question is there its says " cost reserved" does that mean i will get the money what i have spent for paper JR?

and my solicitor wrote to GLD that home office should withdraw the appeal and issue me ILR

Now my question is i am traveling to my country for 4 weeks would it be safe to do so?
or if i am in holiday home office will say you need to make an fresh application within 5 working days that it would be really problematic for me

[billy121]

Hi could anybody tell me is it possible to bring spouse in 30 month dlr visa or is it possible to bring your wife in family reunion or dependent visa
Some body said it's possible somebody said it's not as there are no application form for spouse for dlr