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Good news, this does not happen very often.peteruk wrote: My lawyer and I went to the court and Judge decided to allow my appeal on the spot.
That's correct.My lawyer said :Determination will be sent to the home office within 10 days and they have 5 working days to appeal after receiving the decision.
Quite often. More often than not.how often the home office challenge the decisions?
They will also seek permission to appeal to the Senior Immigration Judge if they feel the judge has made a material error of law. If the Senior Immigration Judge believes that it was the case, he will grant permission and you will have another hearing 6-8 months down the road. If the permission is refused, they will have an option of applying to the High Court for another permission. If they are successful, then you will have another hearing. If the permission is refused or they do not seek further appeal to the High Court, you will be granted status as determined by the judge (you will have to chase the Home Office on this though).why do we (as appellants) have to have permission to appeal against the decisions and the home home office don't?
Unfortunately it takes long to wait for the hearings before Senior Immigration Judge or the High Court. It is a legal procedure and you will have no choice than to wait.I am really worried I don't want to go through that again and also it take months to get a hearing date to review a decision
They will also seek permission to appeal to the Senior Immigration Judge if they feel the judge has made a material error of law.
I cannot remember what exactly it is called in this situation. JR is usually the process when you have no right of appeal to AIT, so you apply to the High Court.shdosd wrote: is this just another way of saying Judicial Review?
many thanks
Thanks very much Jeff, the reason I want to know is: my recent appeal was dismissed by the AIT, and I've already applied for JR, now my solicitor is saying that I could still file another appeal based on a different ground, does what he said make any sense? pleaseI cannot remember what exactly it is called in this situation. JR is usually the process when you have no right of appeal to AIT, so you apply to the High Court.
When the Home Office lose the case with AIT, and appeal to the High Court, I am not sure what it is called. Check out the AIT website.
It has been 5 weeks since the hearing dateand I have not received the determinations, neither my lawyer.I had a court hearing. My lawyer and I went to the court and Judge decided to allow my appeal on the spot.
peteruk wrote:Hi Frontier Mole,
thank you for explanation. The decision is being reserved ie: no decision has been made on their system.
NOT reversed