LONG RESIDENCY REFUSAL AND APPEAL date given after 18 months

hussy7177 wrote:Hi obie I have read this about the right of appeal and 3c doesn't cover when ur current leave it valid until your visa expires.
And hafilax they have refused my set lr because they think I had used forge bank statement during tier 1 in 2010, which then was also refused on same grounds and I appealed against the decision and ftt judge allowed my appeal and then in 2013 they gave me tier 1 which was valid until 3rd sept 2016, in the refusal I have not received my passports or any directions that my visa is not valid or gone revolved or leave is curtailed just a normal refusal with 322(2) discretionary refusal with the right of in country appeal.
I'm not sure what to do now in order to stay legal and not over stayer until the court decision .
Please guys see if you can navigate me
P.s Halifax is your appeal still in pending and after your extension refusal your didn't appeal against that did u.

Cheers

You could make a Human Right Application, and if they refuse and certify it, you can say that it is abuse of process , as you have a current appeal under Human RIght pending, and they cannot refuse your new claim and certify it, for the purpose of denying you a right under Section 3C.

If they refuse the extension and invalidate it, then you can challenge that there action amount to an abuse of process, and they have already confirmed that you have settled status.

Obie wrote:

hussy7177 wrote:Hi obie I have read this about the right of appeal and 3c doesn't cover when ur current leave it valid until your visa expires.
And hafilax they have refused my set lr because they think I had used forge bank statement during tier 1 in 2010, which then was also refused on same grounds and I appealed against the decision and ftt judge allowed my appeal and then in 2013 they gave me tier 1 which was valid until 3rd sept 2016, in the refusal I have not received my passports or any directions that my visa is not valid or gone revolved or leave is curtailed just a normal refusal with 322(2) discretionary refusal with the right of in country appeal.
I'm not sure what to do now in order to stay legal and not over stayer until the court decision .
Please guys see if you can navigate me
P.s Halifax is your appeal still in pending and after your extension refusal your didn't appeal against that did u.

Cheers

You could make a Human Right Application, and if they refuse and certify it, you can say that it is abuse of process , as you have a current appeal under Human RIght pending, and they cannot refuse your new claim and certify it, for the purpose of denying you a right under Section 3C.

If they refuse the extension and invalidate it, then you can challenge that there action amount to an abuse of process, and they have already confirmed that you have settled status.

thanks ever so much obie for the replying waiting to see any response.
right , can i not make the same set lr application with fresh new supporting documents and similar judgements from upper tribunal appeals allowed( very very much similar to my case) or do i human rights application will be better?

kindest regards

hi guys i hope i will get the reply from the experts from tomorrow.
i have read about the curtailments through the guidance and my understanding when someone is alleged for 322(2) they normally curtail the leave.
they have given me the right of appeal(which i have already appealed) does that mean they have curtailed my visa(valid until 3rd september 2016) ?
please help guys.

As i posted previously last year about my set lr refusal decision which i appealed and now i have been given the date of my hearing i would be grateful if any of the experts or people in similar situation can guide me through

they have revisited/re-litigated the issue which was once challenged and successfully settled in 2012 and now yet again home office have refused my indefinite leave to remain last year july on the same issue of bank statement.
i have just received the bundle from office office and it does have the old verification report dated 2010 when they first refused my tier 1 general visa and the decision was appeal successfully and eventually i got tier 1 general visa in 2013 for 3 years,i completed my 10 years before my tier 1 visa ran out so i applied for long residency and home office refused my application and confiscate my passports and my brp card.

my question to all respectable members is the refusal is based on to the verification reports dated august 2010 before they refused my tier 1 visa the evidence which they didnt brough during the hearing and judge allowed my tier 1 appeal,can they used the same evidence again for my indefinite after 6 years?

my appeal hearing date is 8th of december i would really appreciate if anyone can help me with similar cases/caselaws/ or guidance so that i can fight my case,i have been a resident for united kingdom for 12 years and i came here during my teenage,for me its really Paramount important to get best-est advice,
please feel free to ask me any questions anything.
thanks for reading my post and i look forward to hear from the members.

Hi moderators,
Can Obie or vinny or any other moderators can share some knowledge regarding my case.
Thanks

longhorn wrote: ↑

Thu Jul 14, 2016 9:42 am

The facts of the case were already established during First Tier's decision. If the HO didn't appeal against FTT's decision and issued you the visa, they should not refuse you on the same grounds again unless though highly unlikely some new evidence has emerged since then that proves on the balance of probabilities that your bank statements were forged. I personally don't think that you need to provide any further supporting document from bank to prove that your bank statements were not forged because the facts were already established during your appeal. Also, unless HO have raised any other issues, just focus on the reasons of refusal.

I would advice you to speak to a good solicitor and appeal against it.

Hi moderator,
After nearly 18months I have received the bundle from home office and it has the same evidence (verification report of august2010) which they failed to put it in front of the judge in ftt because of which judge allowed my appeal.
Now it’s been approx 7 years and they have used the same old evidence against me ajd refused my long residency because of that.
Can I please have some comments or directions from moderators.
Any help would be appreciated

If they had that evidence but failed to put it, then it will be an error of law for a future judge to accept it, it will amount to an abuse of process, having more than 1 bite of the cherry, and the tribunal must not accommodate, if you are able to show that the passage of time has deprived you of an opportunity to put in a robust defense.

Obie wrote: ↑

Tue Oct 10, 2017 7:51 pm

If they had that evidence but failed to put it, then it will be an error of law for a future judge to accept it, it will amount to an abuse of process, having more than 1 bite of the cherry, and the tribunal must not accommodate, if you are able to show that the passage of time has deprived you of an opportunity to put in a robust defense.

Exactly my point! and Not only that they had a chance to go to the upper tribunal to challenge it but they didnt they issues me the visa and after nearly 7 years they are using this deception issue and relitigating or revisiting the same issue which once they refused me on in 2010.i dont have any documents with me to prove my bank was genuine as it was closed in 2012.

obie is there any other cases like mine or any appeal cases similar to mine if you or any other members can send me a case or two similar to mine or appeal which went successful on these similar cases.

Once Again thanks a million for just writing that consoling paragraph for me since it is the most important hearing of my life i just want to get this right i have lived most of my conscious life here in this country.

thanks in advance.

I would like to say big thanks to moderators of this forum for their valuable input regarding my refusal of long residency.
the synopsis Are below:

-Applied for tier 1 tier general 2010 initially refused,allowed appeal with directions to remitted it back to the
case worker,re-refused again, UT allowed and then after going back and forth for almost 4 years they granted me tier 1 general

-jan 2016 applied for long residency after six months time they refused on same basis which they refused my 2010 tier application for.

-appealed and got the date of hearing after 18months ,day of hearing the judge allowed my appeal on the day of hearing.
ilr was granted after 2 months from the date of hearing.

-i would suggest everyone whose long residency has refused and theirs a previous judgement in your favour they simply cant have a second bite of cherry or re litigate the matter again.

thanks once again for your guys help and support.

Obie wrote: ↑

Tue Oct 10, 2017 7:51 pm

If they had that evidence but failed to put it, then it will be an error of law for a future judge to accept it, it will amount to an abuse of process, having more than 1 bite of the cherry, and the tribunal must not accommodate, if you are able to show that the passage of time has deprived you of an opportunity to put in a robust defense.

absolutely spot on ,and the judge didnt on the day of hearing they came with the old evidence and judge refute it and he said he will allow my appeal,i got my ilr brp card yesterday.
thanks for this valuable feedback

Congratulations for Success.

Friend on mind have same issue now he is eligible for ILR and went to different solicitors regarding his issue.

He came as student after 3 student extension, he applied for Tier 1 Ent. and got refused as same forge bank statement. He appealed in FTT and from HO no one turned up an in the bundle there is not evidence so FTT judge allowed the appeal and send back for reconsideration. My friends solicitor applied in UTT and asked permission and UTT judge also allowed the appeal because the lady came for hearing, she don't have any evidence to prove so judge allowed outright and visa issued. He also successfully extended his Tier 1 Ent.

Now he applied for his SAR report, He found that HO have verification report which is telephonic. He is worried that may be HO refuse his ILR because of previous allegation.

I will appreciate if you send me any case reference if you have for future reference.

Good Luck for the freedom.

this sounds like very similar to my case and frankly speaking if that is what happend in ur case where they refused the application on deception n at court they couldnt prove it n subsequently they have issues the visa then they cant use the same argument twice this would become as know the second bite of cherry.
please my simple advice to you is to do the set lr application through an expert and allow him to read ur history fully n tell him to attached the synpsis of events and hope the case worker wouldnt have no problem issuing the indefinite .