Appeal Deadline

I have a serious matter kindly help me on this

My flr fp refused this month

Caseworker decision date is 9th july
Date of service mention in refusal is 15th july
Deadline for appeal mention in refusal is 29th july.

Today 28th july my solicitor sent the appeal by fax.

Now my solicitor is saying that court could take 9th july (decision date) as date of service and court could say that your appeal is out of time. He said 99 % chance they will accept your appeal but 1 %chance that court will say your appeal is out of time.

I am very worried now as deadline for appeal is clearly mentioned which is 29th july 2014.

Advise me on this please.

Regards

If a lawyer is not competent enough to address such issue, then he is not competent at all.

Obie wrote:If a lawyer is not competent enough to address such issue, then he is not competent at all.

@Obie advise me

@Amber Help me on this

It should have been clear to your lawyer that you will be making an in time appeal, otherwise why would he let you lodge it late.

According to what you wrote, your appeal will be fine. If by chance this 1% that your lawyer mentioned, happened, he should be in place to address it.

Obie wrote:It should have been clear to your lawyer that you will be making an in time appeal, otherwise why would he let you lodge it late.

According to what you wrote, your appeal will be fine. If by chance this 1% that your lawyer mentioned, happened, he should be in place to address it.

Basically he wants to save his side. And want my consent that i won't blame them or sue them or take any action against them if my appeal consider out of time because of date issue.

I told them to file it today 28/07 which they did and i have copy of fax confirmation. He said if anything happen (which i know wont happen) he will fight the case.

He is extra careful what i believe.

Ok. But he could have done it online as well.

Wish you guys all the best.

Obie wrote:Ok. But he could have done it online as well.

Wish you guys all the best.

I want to buy time to complete 10 years.

I prefer postal appeal but due to some issues i request him to fax it.

The time limit for submitting an in country appeal is 10 working days when one is not in detention. The appeal time is from when you received the notice of decision.

Amber wrote:The time limit for submitting an in country appeal is 10 working days when one is not in detention. The appeal time is from when you received the notice of decision.

Thanks Amber

Date of service is 15th july and my solicitor received the decision on 16th july i received it next day 17th july.

I don't know whether u look at new refusal letter or not. They clearly mentioned date of service and Appeal deadline which is 29th july.

I hope court understand this and treat my appeal as in time.

Regards

The 10 days of appeal excludes the non-working days (weekend), in simple words appeal deadline is 14 days/2 weeks if you count all week days. Maybe your slight appeal delay be benefited by that.

UKBA HUNTER wrote:The 10 days of appeal excludes the non-working days (weekend), in simple words appeal deadline is 14 days/2 weeks if you count all week days. Maybe your slight appeal delay be benefited by that.

Yes u r right

That's why HO count 10 working days or 14 days/2 weeks from date of service which is 15th july 2014

Date of service 15 july 2014 (mentioned in refusal )
Deadline for Appeal 29th july 2014. (mentioned in refusal)

But date of decision is 9th july 2014 by caseworker. and my solicitor said may be court will count 10 working days from 9th of july. In other words court will take date of service 9th july. but chances r 0.01%.

UKBA HUNTER wrote:The 10 days of appeal excludes the non-working days (weekend), in simple words appeal deadline is 14 days/2 weeks if you count all week days. Maybe your slight appeal delay be benefited by that.

I think my appeal is not late as per notice of refusal in which HO clearly mentioned the deadline for appeal which was 29th July. and i sent it on 28th july.

I personally not have idea that what's the correct way of forwarding appeal papers but if fax method is correct way then i think you complied with the deadline and if you lucky then it may process lazily and you buy that time for 10 years completion . I also think that you have even more knowledge than your solicitor.