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JR permission hearing in Upper Tribunal, anyone representing themselves? 322(5) character refusal!

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masterpeas
Junior Member
Posts: 73
Joined: Sun Apr 17, 2011 9:07 pm
Vietnam

JR permission hearing in Upper Tribunal, anyone representing themselves? 322(5) character refusal!

Post by masterpeas » Fri Aug 17, 2018 7:42 pm

Only just received HO response one week before the hearing date, i have got no chance to instruct a barrister, so now i have to go for the hearing representing myself! I only have some moral support from my lawyer who has been helping me with preparing my paperwork all the way from my AR, he said everything has been written in my documents piles, i should not be scared too much about going on my own. wondering if there is someone on this forum who has gone through the JR permission hearing, how is the whole procedure please?

Since its less than an hour, I will bring all my paperwork, however wondering how challenging HO would be to defend their 322(5) refusals based on character!! they said i was not refused on deception, but on character / conduct! (my 2 self-employment tax returns were missed and only filed after my interview on the application day.

Please share some thoughts how to best face the JR hearing.

Recently there have been more successful stories on social media regarding Tier1 322(5), people being winning status reinstated following JR, any more hopes please?

Is the general environment more softened on our cases or good barristers can change our destiny?? :?

Zing
Newly Registered
Posts: 26
Joined: Tue Dec 13, 2016 12:11 am

Re: JR permission hearing in Upper Tribunal, anyone representing themselves? 322(5) character refusal!

Post by Zing » Sat Aug 18, 2018 8:48 am

The general environment have not been softened fully, you still need a barrister and a good one at that,that is familiar with 322(5) issues to defend your case.

Am surprised that you didnt know that HO normally responds late and l don't know if you have gone through their own bundles too.

lf you had seek out the group for people affected by 322(5) you could have tapped into their resources available for you because your win would be a win too for the group.

You need a barrister to help you with defending your case and l didn't hear you say you can't afford it but it seems you were not well informed.

You can get random direct access barristers but my fear is if they would be familiar with the ups and downs of 322(5) or you can hook up with the group for support but unfortunately this forum does not support sharing links and l don't know if l have done wrong by saying there is a group.

If you have been following the media l believe you might have come across the group,they can still give you support few days to your hearing.

l wish you the best of luck with your case.

masterpeas
Junior Member
Posts: 73
Joined: Sun Apr 17, 2011 9:07 pm
Vietnam

Re: JR permission hearing in Upper Tribunal, anyone representing themselves? 322(5) character refusal!

Post by masterpeas » Sat Aug 18, 2018 11:09 pm

Thank you so much for your support and guidance! Today agree that individual's win or failure in this matter leads to group win opportunities. I will share my story here with further update.

I did come across highly smiled migrant group however not sure how to get in touch! No contact available. Wish to be in the group to get more insights about this hot topic.

Why nobody has shared the JR stories or hearing procedures on this forum yet?? So many unreported cases but so difficult to read more about them :? Getting time pressure now. My hearing will be JR permission. Not the big batter yet.

masterpeas
Junior Member
Posts: 73
Joined: Sun Apr 17, 2011 9:07 pm
Vietnam

Re: JR permission hearing in Upper Tribunal, anyone representing themselves? 322(5) character refusal!

Post by masterpeas » Tue Aug 21, 2018 11:46 am

Update:

I represented myself in the JR permission hearing, faced a very experienced Judge lady named Keric. Luckily it went well and my case has now been put on hold awaiting other similar cases to be decided!

Wish all who are in the same boat all the best! As Zing previously said, any individual's loss / win is very important for our group! We all try our very best for our arguable cases for the best result.

PS. please let me know how to join the group by any means? want to be in the loop to know whats going on. I noticed less posts in this topic recently... but i believe more and more JR are still happening...

Thanks all.

Zing
Newly Registered
Posts: 26
Joined: Tue Dec 13, 2016 12:11 am

Re: JR permission hearing in Upper Tribunal, anyone representing themselves? 322(5) character refusal!

Post by Zing » Wed Aug 22, 2018 11:36 am

Congrats on your success, l admire your bravery. The home office asked for a pause in 322(5) issues. They are currently reviewing their decisions on the use of 322(5) internally.

They were meant to conclude their reviewing ending of June but l believe they are currently running late. The Members of Parliament were also on break but will resume beginning of September so hopefully the discussions will continue.

The judiciary are also waiting for the outcome of the HO reviews so many cases that are similiar were put on hold(mainly JR cases not appeal cases). Some of the 1st cases have been merged together and the hearings would be set as test case.
some of the JR are being settled too between parties involved.

They are many discussions in this forum through which you can get link to the group facebook and Twitter page. The dates for peaceful demonstration of the group are always displayed there.

masterpeas
Junior Member
Posts: 73
Joined: Sun Apr 17, 2011 9:07 pm
Vietnam

Re: JR permission hearing in Upper Tribunal, anyone representing themselves? 322(5) character refusal!

Post by masterpeas » Thu Aug 23, 2018 12:30 pm

Thank you Zing for your kind detailed response!

"The home office asked for a pause in 322(5) issues. They are currently reviewing their decisions on the use of 322(5) internally. " regarding this, where did you find HO is asking for a pause? because HO was trying to defend me in the court saying upper tribunal is still rejecting cases like mine using 322(5)... stubborn people trying to kick us out with any chance they have! we have to be brave for our life :idea:

i did read the letter from paliament, esp. Caroline Nokes, however i have not received a letter from HO regarding reviwing my case, do you think they will send letters to tell us or they just decide whose to be reviewed?

I did not come across any case being on hold, was lucky and glad with my result though as the judge was quite tough to convince! i could have been rejected easily :x

malikimran21
Newly Registered
Posts: 19
Joined: Fri Mar 18, 2016 12:20 pm

Re: JR permission hearing in Upper Tribunal, anyone representing themselves? 322(5) character refusal!

Post by malikimran21 » Thu Sep 06, 2018 5:44 am

Hi

I have appealed in upper tribunal here is my case history

Visa case history

1. 10 Years completion date 05 Oct, 2016
2. Tier 1 General ILR refused 14 April 2016
3. Tier 1 Leave to remain expired 04 May 2016
4. Article 8 Human Rights application filed 03 May 2016
5. JR Filed 12 July 2016
6. Article 8 Human Rights application refused 31 Aug 2016
7. Article 8 Human Rights Appeal lodged 14 Sep 2016
8. JR Refused 23 Feb 2017
9. Article 8 Human Right appeal refused Feb 2018 in FTT
10. Article 8 HR appealed in UTT


Current status Article 8 appeal pending and i have chance to apply for 10 years based application

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