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Warning: this case is likely to annoy you.
SO, any news on juniad ahmed PTA case ? heard news about recent pendind case for ut or coa.... that all remaining cases get letter regarding recent COA judjement.what is it?Sunny024 wrote: ↑Fri Jul 05, 2019 11:49 pmi can understand your frustration. even judges seem to be confused on this issue.
if you make an application within 14 days where 39 e should apply to prevent you from becoming an overstayer, if you are not an overstayer then your leave should continue whilst an application is pending or at least you are following the rules.
a similar case, the applicant got permission.
comments below made by this judge makes sense.
A common mistake in many of these cases is that a consideration of the Appellant's situation stops at the point where his Section 3C leave ends. That is, of course, correct at one level. However, where it is necessary to do so, consideration must be given to paragraph 276B(v), which is dealing with continuity of legal residence in relation to an application for "indefinite leave to remain on the ground of long residence", because it is this provision that expressly draws attention to a paragraph 39E application, which may have been made at the end of the Section 3C leave, and where that is the case, proper consideration must be given to this as a separate matter.
actually i guess masum ahmed is considering 10 year from sep 2007 to 2017 , after his invalid application . if that was the case its same as ours situation. still i feel judgement result is dismissed but it raise a lots of question on policy of gudiance on long residency, which seems we r right on 39e but little mess going around ....hope so atleast will sort out soonCattak wrote: ↑Fri Jun 28, 2019 7:57 pmthis does not make any sense
The Applicant (born on 30th January 1983), a citizen of Bangladesh, arrived in the United Kingdom on 23rd August 2002 on a valid student visa (EC). He was granted LTR from 29th July 2002 until 31st October 2005. On 31st January 2006, he was granted further LTR on the same basis valid until 31st January 2007 when his visa expired.
In December 2006, the Applicant visited Bangladesh (to see his mother). Following his return, on 23rd February 2007, the Applicant applied out of time for further LTR. On 19th March 2007, the application was returned as invalid. The Applicant re-submitted the application which was granted on 17th September 2007, with LTR valid until 31st May 2008.
How on earth was it possible for this guy to enter the country after his visa was expired on 31st of January. and then to top it he made an invalid application which was returned to him and then resubmitted. THATS NOT AT ALL A PARAGRAPGH 39E CASE. this is overstaying beyond the legal rules. As to claim 39e rules an applicant should be in the country (NOT LEFT) after his visa expires.
I don't understand why the Judge has made a decision confusing 39e further.
This Masum Ahmed decision has ruined everything. it means that "Juned Ahmed" which is awaiting permission would be denied as well. https://casetracker.justice.gov.uk/getD ... d=20182976
The Judge in Masum Ahmed's decision kind of put a full stop on our cases.
HELLO SUNNY024, have ur solicitor consider on further submission as ground on recent coa judgement abt defination of'' continuity unbroken when 39e rules applies at other ILR catogries? my solicitor say its a good thing to argue on that bases as well rather than 276 sub i-v . dont know whats gonna happen.Sunny024 wrote: ↑Sun Jul 07, 2019 2:27 pmYes junaid Ahmed plus all pending cases on 39e, 276b (v) including me got letter from judge who decided court of appeal matter, he says, now the matter is decided, if you have any further submissions to be made, do it in 14 days.
If submissions goes to same judge its highly likely it will be refused.
My solicitor told me, Coa reported decisions are not bound by its own decisions, other judges can make different judgements on similar matter
Let's see how it goes
Someone should take this matter to supreme court to sort it out but Coa isn't allowing us to go.
Not sure why this is happening.
i just lodge jr 2 days ago. havent received any letter.act my dependent is not certified and is in ftt appeal and mine is certified so made a ground on that basis to get in country appeal right. today is her hearing date but judge adjourn the hearing cause mine case is in jr as certified so. i dont understand why judge said to my wife that after 6 weeks, case will heard substantially along with ur main applicant .so lets seen what will happen.
I suggest you read the forum rules on what you are not permitted to post on the forum!!