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Is it possible to HO to appeal in UT without my knowledge

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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kkkTier1
Junior Member
Posts: 65
Joined: Sun Dec 15, 2013 5:54 pm

Is it possible to HO to appeal in UT without my knowledge

Post by kkkTier1 » Tue May 06, 2014 7:32 am

Hi Can someone clarify my query that is please?

My story :

We(me & my partner) sent Tier 1 Entrepreneur team application on 28/02/2013 before my PSW expire(23/03/2014).

Acknowledgement received - 04/03/2013

Biometrics Letter received on - 14/03/2013

Application refused on 26/05/2013

appealed on 10/06/2013 in First-Tier Tribunal

Appeal heard on 25/11/2013 (firstly got hearing date on 4/4/14 but FTT preponed to 25/11/13 ) and First-Tier Tribunal allowed appeal in respect of the immigration rules on 09/12/2013

It has been 22 weeks and we haven't heard anything HO. Me and my partner contacted HO few times and but every time they said its still under processing and we have to wait until they get back to us But i rang them last week and someone in customers services said to me that HO appealed in Upper tribunal and their appeal was heard on 4th April and they are waiting for determination to process my application? I told him we didnt receive any letters about appeal and he said they could appeal without telling us? Is that possible? He also said they received request from my local MP as we requested to do so and they dealing my case with high priority.

I rang FTT(first tier tribunal) and they confirmed that HO didnt appeal and i rang HO and spoken to a lady in customer services and she said same story my application is being looked into by someone. Do you guys this is human error or do i need to worry about this?

Thank you so much in advance for helping me here.

Mrs.P
Member
Posts: 116
Joined: Thu Jan 09, 2014 9:04 am

Re: Is it possible to HO to appeal in UT without my knowledg

Post by Mrs.P » Tue May 06, 2014 9:46 am

Hi,

So sorry to hear about this. Ho appealed to UT in my case as well, I only found out by post when the UT wrote to me, you need to find out with your legal representative if you had one, they might have received the notices from UT, or did you change address in between.

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KingNothing
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Posts: 35
Joined: Tue Feb 18, 2014 9:59 am
United States of America

Re: Is it possible to HO to appeal in UT without my knowledg

Post by KingNothing » Tue May 06, 2014 10:16 am

They sometimes send their application to appeal against the decision late... Very late... Soon, you may reicive an acknowledgement that Home Office has applied to go to UTT and we will contact you in writing...

Later on, a Judge in FTT will review grounds of Appeal submitted by Home Office. Then they will get back to you and say if the grounds of appeal are arguable or not...

If Permission was granted then you will hear date of hearing... If permission is refused, your floating in the air case will carry on same as me!!

kkkTier1
Junior Member
Posts: 65
Joined: Sun Dec 15, 2013 5:54 pm

Re: Is it possible to HO to appeal in UT without my knowledg

Post by kkkTier1 » Tue May 06, 2014 11:08 am

KingNothing wrote:They sometimes send their application to appeal against the decision late... Very late... Soon, you may reicive an acknowledgement that Home Office has applied to go to UTT and we will contact you in writing...

Later on, a Judge in FTT will review grounds of Appeal submitted by Home Office. Then they will get back to you and say if the grounds of appeal are arguable or not...

If Permission was granted then you will hear date of hearing... If permission is refused, your floating in the air case will carry on same as me!!
Thanks for your feedback, Is it possible to HO to send their application after 5/10 days in which they should lodge their application against FTT decision?

kkkTier1
Junior Member
Posts: 65
Joined: Sun Dec 15, 2013 5:54 pm

Re: Is it possible to HO to appeal in UT without my knowledg

Post by kkkTier1 » Tue May 06, 2014 11:16 am

Mrs.P wrote:Hi,

So sorry to hear about this. Ho appealed to UT in my case as well, I only found out by post when the UT wrote to me, you need to find out with your legal representative if you had one, they might have received the notices from UT, or did you change address in between.
Thanks for the update,I don't have any legal representative and didnt change address either. Me or my partner should receive a letter saying that HO appealed in UT or atleast appeal date letter or atleast FTT should know about HO appeal to UT. FTT said they didnt receive any application from HO. Shouldn't I attend appeal to UT?
Last edited by kkkTier1 on Tue May 06, 2014 1:54 pm, edited 1 time in total.

Mrs.P
Member
Posts: 116
Joined: Thu Jan 09, 2014 9:04 am

Re: Is it possible to HO to appeal in UT without my knowledg

Post by Mrs.P » Tue May 06, 2014 12:55 pm

Hi, maybe HO applied for permission straight to UT, if you get a hearing date you should attend as they will decide against your case if you don't. Good luck.

kkkTier1
Junior Member
Posts: 65
Joined: Sun Dec 15, 2013 5:54 pm

Re: Is it possible to HO to appeal in UT without my knowledg

Post by kkkTier1 » Wed May 07, 2014 9:05 am

Hi - Is anyone got any suggestions on this please update.

cyber_warez
Junior Member
Posts: 50
Joined: Fri Jun 04, 2010 11:33 am

Re: Is it possible to HO to appeal in UT without my knowledg

Post by cyber_warez » Tue May 20, 2014 7:17 pm

Plz help me to answer this question...

1.Appeal Hearing Date: 20 Jan 2014
2.Appeal allowed (Determination promulgated) Date: 30 Jan 2014
3.we received allowed determination on: 3 Feb 2014
4.My solicitor received Notification letter from HO on 24 April 2014 that they are going to appeal against FTT judge decision.
5. on 16 May we got letter from Tribunal that FTT judge refused HO application.

Now what will be further process in my case ??

http://www.immigrationboards.com/uk-tie ... l#p1037271

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