Brother Zee Ali,Zee ali wrote:Where u gonna provide the evidences? Sitting next to the caseworker in PEO?meet2mustafiz wrote:Brother zee Ali,
I have spoke to 2 barrister and solicitor regarding this issue.all of them said If we able to provide evidences that we notify tribunal about the changes before hearing then I will be safe by law, my further suffering depend on case worker who will deal with my ILR application.
one of my closed friend got ILR recently who was deported to Bangladesh for 2 years with out country appeal right.end of the day he won and back UK.when his 10 year completed he apply for ILR.Home office counted 10 years including those 2 years while he was in Bangladesh.
If we able to provide evidences that it wasn't our fault -end of day we applicants will win
Try your luck man. Hope u get the good news
Share with us whatever the outcome is
After getting ILR, hope you are having a very good time.
I like to add last 10 weeks I am waiting for a permission from FTT to go UT,I got notice of recept fro FTT.
I changed my solicitor and my address before hearing and notify tribunal on time,we have the evidence.So,according to Tribunal regulation they sent determination in to wrong address,please check the link I provided-page 16 https://www.gov.uk/government/uploads/s ... -rules.pdf.for this reason I don't have and gap during appeal process.But home office don't know all about,that why I worry.It will depend on the case worker.
According to Tribunal's rules :
Page:7
.Representatives
(3)
If a party appoints a representative, that party (o
r the representative if the representative is a
qualified representative) must send or deliver to t
he Tribunal written notice of the representative’s
name and address, which may be done at a hearing.
(6)
As from the date on which a person has notified the
Tribunal that they are acting as the
representative of an appellant and has given an add
ress for service, if any document is provided to
the appellant a copy must also at the same time be
provided to the appellant’s representative
Page 16:
17
Setting aside a decision which disposes of proceedi
ngs
32.
—(1) The Tribunal may set aside a decision which di
sposes of proceedings, or part of such a
decision, and re-make the decision, or the relevant
part of it, if—
(a)
the Tribunal considers that it is in the interests
of justice to do so; and
(b)
one or more of the conditions in paragraph (2) are
satisfied.
(2)
The conditions are—
(a)
a document relating to the proceedings was not prov
ided to, or was not received at an
appropriate time by, a party or a party’s represent
ative;
(b)
a document relating to the proceedings was not prov
ided to the Tribunal at an appropriate
time;
(c)
a party, or a party’s representative, was not prese
nt at a hearing related to the
proceedings; or
(d)
there has been some other procedural irregularity i
n the proceedings.
I know my case is very complicated and I won't go to PEO,
I agree with you and my plan is same as you advised,I need to keep my working right(3C/3D).I will add an additional ground if I get permission to go UT.but my solicitor said most probably I won't get chance to go there.So,I might need to make ILR application (will a well present covering letter) when all appeal right exhaust .
thanks for your time,your advice is very helpful
