ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Appeal allowed. Thank God

Only for UK Tier 1 (Entrepreneur) points system

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

Locked
babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Appeal allowed. Thank God

Post by babylondoner » Wed Dec 11, 2013 6:58 pm

My hearing was held about two weeks ago and my lawyer contacted me to let me know they my appeal was allowed and the judge ordered a refund of the appeal fees. HO was given 5days to challenge the decision and it has elapsed.

So I'm hoping to get my docs back very soon.

My application was refused on the grounds that the services were not satisfactorily explained in the contract.

I want to specially thank Rehan01, ChristianoRonaldo, Olasunkanmi.

This forum has been a blessing. Thanks to everyone who has shared their stories, experiences and also taken out the time to answer various questions. God bless you all. Amen. :D
Last edited by babylondoner on Wed Dec 11, 2013 9:01 pm, edited 1 time in total.

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 10:28 pm
Location: London, UK.

Re: Appeal allowed. Thank God

Post by Olasunkanmi » Wed Dec 11, 2013 7:18 pm

Congratulation, now you can relax and expect your BRP to be deliver soon.
The key to success is knowledge and hardwork, and to have faith.

gumsum
Member
Posts: 109
Joined: Thu May 10, 2012 1:58 am

Post by gumsum » Wed Dec 11, 2013 7:19 pm

Congrats!!!

babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Post by babylondoner » Wed Dec 11, 2013 8:06 pm

Thanks guys.

The fee was paid from my lawyers account (I gave him the money though). Can I contact the tribunal to refund the fees directly to me?

khan_81
Member of Standing
Posts: 264
Joined: Wed Nov 21, 2012 9:03 pm

Post by khan_81 » Wed Dec 11, 2013 8:40 pm

Congrats n all the best for future

sabuj263
Member
Posts: 136
Joined: Sun Nov 13, 2011 11:39 am
Location: Kent, UK

Post by sabuj263 » Wed Dec 11, 2013 9:41 pm

Congratulations....
Many Regards

rehan01
Diamond Member
Posts: 1635
Joined: Fri Aug 10, 2012 6:05 am
Location: London

Post by rehan01 » Wed Dec 11, 2013 11:51 pm

Congratulation and all the very best for future ........ In regards to refund I guess it will be refunded the way it's been paid eg will be credited back to same credit or debit card but again no harm in calling thm n enquiring about refund as thy will be able to give u better info abt it..

Regards

babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Post by babylondoner » Thu Dec 12, 2013 8:21 am

The hearing lasted for over 1hr 30mins.

I was grilled intensely by the HO's lawyer. He asked all sorts of questions... About my business, about my clients, about my relationship with them and the services I provided. He also picked on two figures from my business plan and I defended that as well. The questions were quite intense but I answered all of them brillantly with confidence without any help from my lawyer.

The judge also asked me various questions and I answered all of them brillantly and confidently.

After all the questioning, the HO's rep gave his submissions and my lawyer gave his as well.

My lawyer did a fantastic job with preparing my bundle, personal statement and also his closing submissions. However, the truth is if I had fumbled with my answers at the hearing, it would have affected my credibility as a genuine entrepreneur.

To be honest, I wasn't expecting all these questions. I went into the hearing with a totally different mindset. I thought it would be a 20mins affair and all I would do is sit and my lawyer would do all the talking. I was nervous during the first 5mins but when I noticed that the HO's rep had every intention of grilling me, I quickly regained my confidence and I spoke well.

I submitted additional documents with my bundle but these were mainly clients' invoices, unaudited company accounts, HMRC documents and an invoice confirming I had paid corporation tax. The whole idea was to let the judge know (while preparing his decision) that I'm a genuine entrepreneur that 'was' and 'still' actively trading.

The HO's rep also added an additional refusal reason on the day of the hearing. I thought this wasn't allowed but apparently it is and the judge accepted this as well. My lawyer and I had already prepared on all likely scenarios regarding questioning, so I was already prepared with my answers to defend the HO's rep additional issue. HO's rep told the judge that I wasn't registered with a trade and regulatory body and I told everyone at the hearing that I had every intention to do so once I get my visa. The judge in his decision argeed with my defence.

I really thank God for His Grace and Wisdom because He was the one that saw me through. I'm also grateful to my lawyer. I was quite impressed with his work although he was also impressed with the documents I submitted with my application and how well I did at the hearing and he kept saying (right from our first consultation) that I should never have been refused because I ticked all the right boxes regarding the requirements for the visa.

I'm eagerly waiting for my docs and BRP. Its been a stressful and anxious 13months and this is one experience I honestly do not want to go through again.

itk
- thin ice -
Posts: 204
Joined: Thu Mar 21, 2013 3:38 pm

Post by itk » Thu Dec 12, 2013 10:31 am

Babylondoner, congrats this calls for celebrations.

:D :) :D

RizKCB
Member of Standing
Posts: 300
Joined: Mon Mar 15, 2010 7:14 pm
Mood:
Pakistan

Post by RizKCB » Thu Dec 12, 2013 12:17 pm

Congratulation babylonder, you made it

Fee comes to same account from where you pay. Tribunal does not refund "Award of Fee", it triggers from HO accounts section after receiving your determination from caseworker who will produce approval letter.

If you want to make any request like this, you may try to contact at

appealsfeesenquiries@homeoffice.gsi.gov.uk

But before they get your query, you might get refunds to your solicitor.

Atif786
Member of Standing
Posts: 268
Joined: Thu Aug 15, 2013 2:48 pm
Location: United Kingdom
Contact:

Re: Appeal allowed. Thank God

Post by Atif786 » Fri Jan 03, 2014 12:58 am

Hi,

I have seen your suggestions on the forum to others and i am really impressed with the level of suggestions, motivation and encouragement you provide.
i got my refusal on the 05th of April 2013, Applied on the 13th of DEC 2012, hearing date 3rdd of FEb2014.

reasons for refusals.
1) current appointment report CAR not submitted , instead submitted the company documents such as cert of incorporation, share cert, directors' consent letter singed by me, thinking that these afe the docs they are asking for, even my solicitor didn't say anything about it.

2) No contracts Submitted, however i submitted 3 original contracts singed by both me and my clients consisted 15 pages each with the invoice on the top and at the bottom of the invoice it clearly says :For more details about the services kindly refer to attached service Level agreement (SLA).

i know that they don't have any logical argument on the 2nd point of refusal however to prove my first point i am going to take the CAR latest one, kindly suggest what explanation should i give for not submitting the CAR as i was unaware and forgot to do that or can say my solicitor was duffer as to not have been aware about it. i have been following this forum for so long and know that most of the appellant's appeal is allowed for the same refusal however in some unfortunate cases, it has been disallowed, how come for some appellant it's been allowed and for some it's been disallowed.
is there something called HUMAN ERROR TERM can be used in my case, when they can't sight my 15 pages contracts and say that not submitted, can i say i forgot to submit ?
waiting desperately .
kindly suggest
Atif

tanvir1985th
Member of Standing
Posts: 279
Joined: Sun May 05, 2013 11:12 am
Location: United Kingdom

Re: Appeal allowed. Thank God

Post by tanvir1985th » Fri Jan 03, 2014 2:26 pm

Atif786 wrote:Hi,

I have seen your suggestions on the forum to others and i am really impressed with the level of suggestions, motivation and encouragement you provide.
i got my refusal on the 05th of April 2013, Applied on the 13th of DEC 2012, hearing date 3rdd of FEb2014.

reasons for refusals.
1) current appointment report CAR not submitted , instead submitted the company documents such as cert of incorporation, share cert, directors' consent letter singed by me, thinking that these afe the docs they are asking for, even my solicitor didn't say anything about it.

2) No contracts Submitted, however i submitted 3 original contracts singed by both me and my clients consisted 15 pages each with the invoice on the top and at the bottom of the invoice it clearly says :For more details about the services kindly refer to attached service Level agreement (SLA).

i know that they don't have any logical argument on the 2nd point of refusal however to prove my first point i am going to take the CAR latest one, kindly suggest what explanation should i give for not submitting the CAR as i was unaware and forgot to do that or can say my solicitor was duffer as to not have been aware about it. i have been following this forum for so long and know that most of the appellant's appeal is allowed for the same refusal however in some unfortunate cases, it has been disallowed, how come for some appellant it's been allowed and for some it's been disallowed.
is there something called HUMAN ERROR TERM can be used in my case, when they can't sight my 15 pages contracts and say that not submitted, can i say i forgot to submit ?
waiting desperately .
kindly suggest

dont accept yr mistake that u didnt submit CAR. the only way u can prove that if u have a copy of CAR of the day u submitted yr application or before that. then u can say that u submitted but ukba lost it. i hope u mentioned yr CAR in the documents enclosed section of the application form. u r right there have been quite a few dismissal from the court for the same reason.

babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Re: Appeal allowed. Thank God

Post by babylondoner » Fri Jan 03, 2014 6:51 pm

No updates yet. :?

I'm yet to receive the refund, my docs and BRP.

babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Re: Appeal allowed. Thank God

Post by babylondoner » Fri Jan 03, 2014 6:54 pm

tanvir1985th wrote:
Atif786 wrote:Hi,

t
dont accept yr mistake that u didnt submit CAR. the only way u can prove that if u have a copy of CAR of the day u submitted yr application or before that. then u can say that u submitted but ukba lost it. i hope u mentioned yr CAR in the documents enclosed section of the application form. u r right there have been quite a few dismissal from the court for the same reason.
I agree.

CAR is one of the basic documents required for this visa category. So you need to come up with really convincing argument on why you did not submit it.

BYC
Newbie
Posts: 33
Joined: Sat Mar 30, 2013 12:56 pm

Re: Appeal allowed. Thank God

Post by BYC » Sat Jan 04, 2014 11:08 am

@babylondoner, you should contact the presenting officer's unit in your area, they deal with returning of documents and fee refunds.

appeal786
Newbie
Posts: 47
Joined: Mon Sep 16, 2013 10:00 am

Re: Appeal allowed. Thank God

Post by appeal786 » Tue Jan 21, 2014 8:23 pm

BYC wrote:@babylondoner, you should contact the presenting officer's unit in your area, they deal with returning of documents and fee refunds.
Any udate after appeal allowed?
My appeal allowed in November 13, still no reply.

pakhtoon77
Junior Member
Posts: 72
Joined: Mon Dec 30, 2013 9:52 pm

Re: Appeal allowed. Thank God

Post by pakhtoon77 » Tue Jan 21, 2014 10:28 pm

babylondoner, congr,
my visa is also refused for the reason services not clearly mentioned in the contract, and my solicitor also suggesting me that HO will not ask me many questions regarding my buss etc and the hearing will b a short one because we did mentioned services clearly in the contract. however your experience shows that the HO can ask me in much details about my business, by the way who was your soliciter

bus
Junior Member
Posts: 84
Joined: Sat Jan 18, 2014 1:13 pm
Singapore

Re: Appeal allowed. Thank God

Post by bus » Thu Jan 23, 2014 7:45 pm

Hi Babylondener can you please let me know your solicitor I need to get opinion please

Locked
cron