Invalid application due to payment problems?

[vinny]

Supreme Court criticises complexity of immigration rules (but dismisses case anyway) > Mirza & Ors, R (on the applications of) v Secretary of State for the Home Department [2016] UKSC 63 (14 December 2016).

[MissyD]

I'm sure I updated on this situation since 2015..but can't find my posts anywhere? Were they deleted? If so why?

[CR001]

I'm sure I updated on this situation since 2015..but can't find my posts anywhere? Were they deleted? If so why?

Try not to jump to conclusions and assume things.

http://www.immigrationboards.com/member/MissyD/posts/

[Obie]

I'm sure I updated on this situation since 2015..but can't find my post's anywhere? Were they deleted? If so why?

This decision was only out today, so you could not have updated it.

You probably thinking of the decision at the Court of Appeal.

[MissyD]

I'm sure I updated on this situation since 2015..but can't find my posts anywhere? Were they deleted? If so why?

Try not to jump to conclusions and assume things.

http://www.immigrationboards.com/member/MissyD/posts/

Thank you for your response. As you can see I did not jump to conclusions, I asked two questions - they were not statements.

I also am aware of how to search - while they maybe showing that the posts were made, they are not showing up on the board, hence my asking the two questions.

Question: Have the posts been hidden?

[MissyD]

I'm sure I updated on this situation since 2015..but can't find my post's anywhere? Were they deleted? If so why?

This decision was only out today, so you could not have updated it.

You probably thinking of the decision at the Court of Appeal.

thank you for your response, however I am referring to updating of my situation as initially started and not your specific post. I think you misinterpreted.

[vinny]

I believe that there were some database corruption and, unfortunately, some of your posts may have been affected.

[MissyD]

I believe that there were some database corruption and, unfortunately, some of your posts may have been affected.

ahhhh thanks for the explanation Vinny, much appreciated.

[MissyD]

due to the database corruption as indicated by Vinny a lot happened since the posts that are available...

We've been back and forth with them asking for additional information and Upper Tribunal ruling that they certified and issued deportation orders wrongly . H.O agreed to reconsider - they took 3 months to do this and basically copied and pasted the same details from original refusal - and I lodged an Upper Tribunal Review...

They have come back in their response to state that while they agree that several items they initially wrote were incorrect, they still hold on to their refusal and are now using terminology of:

Need to show exceptional circumstance ref out of country appeal
It will cause 'serious ireeversable harm'
there are no significant barriers / hardship if returned to country of origin
applicant speaks the language, knows the culture, social or country of origin


Any ideas on how best to argue them when going before the Upper Tribunal?

[noajthan]

I'm sure I updated on this situation since 2015..but can't find my posts anywhere? Were they deleted? If so why?

This is some of your post-2015 history - enjoy:
http://www.immigrationboards.com/genera ... 88563.html

http://www.immigrationboards.com/uk-tie ... l#p1208412

http://www.immigrationboards.com/genera ... l#p1366870

[MissyD]

I'm sure I updated on this situation since 2015..but can't find my posts anywhere? Were they deleted? If so why?

This is some of your post-2015 history - enjoy:
http://www.immigrationboards.com/genera ... 88563.html

http://www.immigrationboards.com/uk-tie ... l#p1208412

http://www.immigrationboards.com/genera ... l#p1366870

Thank you Noajthan, but it's not my overall post history I was referring to, but the history on this specific thread.... Vinny already addressed the issue, but thanks for trying.

[Obie]

Also see Ahmed & Ors (valid application - burden of proof) [2018] UKUT 53 (IAC) (10 January 2018)

Very helpful case, which confirms the principle in Basnet and seek to differentiate from Mitchell.

I have immense difficulties with Mitchell. The tribunal is so inconsistent and politically driven, which is a recipe for disaster.

[vinny]

Good case.

The decision of Judge O'Garro is vitiated by material legal errors. Her decision is set aside.
We re-make the decisions in the appeals by allowing them on the basis that the respondent's decisions were not in accordance with the law.
The appellants' applications remain outstanding, and await lawful consideration.

Unfortunately,

This case was determined under the old appeal regime pre-dating the Immigration Act 2014. These types of argument would be very difficult to run under the new appeals system. Which was perhaps why the Home Office changed the system.

Is this due to the absurdity of the new appeals system? Allowing appeals on the basis that the respondent's decisions were not in accordance with the law is no longer an option?

[Obie]

My Understanding is the Tribunal is still able to allow an appeal and make comments to the effect that the decision is not in accordance with the law. However the power to remit a matter to the Secretary of State is no longer available.

The Statute essentially says what matter the tribunal must determine, but it is essentially silent on how an appeal must be disposed.