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Appeal Hearing Attended Today ... Lasted 2 Hours

Only for UK Tier 1 (Entrepreneur) points system

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rehan01
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Location: London

Appeal Hearing Attended Today ... Lasted 2 Hours

Post by rehan01 » Thu Jan 23, 2014 3:52 pm

Hello Everyone, hopefully everyone is well.

first of all many of you guys know I had hearing today and would like to share my experience with forum members, First of all everything went well and Judge reserved the decision and said will inform you in few weeks time.

Hearing started 15 minutes late and before the start of HO barrister and my Barrister exchange few details about on which point they going to argue etc.

My barrister informed Judge about the unlawful decision and things which were mention in the refusal letter related to interview and regarding the credibility and viability of the business and also mention that HO haven't provided us with interview notes as we have put the requested the notes in Appeal ground but since then never heard anything from HO in this regards and the bundle sent by HO doesn't have interview notes either ... at which point Judge as HO barrister if you have interview notes and off course he didn't have them either so judge was bit upset and said this is happening very often and ask HO barrister if he want to make a call to HO and ask if he can get the copy of the interview notes and if not than I will accept all the evidences submitted by appellant in the appeal bundle and will consider them in making the decision.

HO barrister made call and was not able to get the notes etc and once he informed the Judge about this she said as mention earlier I will consider all the evidence submitted till dated in making the decision.

my barrister started the proceeding and was taken over by HO barrister and I have been asked some serious questions in regards to the investment funds (£50,000) which is in my joint account and is been maintained from the date of submission of application.

I explain each and every transaction in my bank statement and confirm that funds was transferred from my personal account into joint account to meet the requirements of both of us (me and my team member) having equal access to funds.

at which point HO barrister ask where I get the funds into my personal account so then I explained all the transaction into my personal account and manage to satisfy sum of £50,000 was transferred by my team member into my personal account and than my father transferred into my personal account etc.

in regards to my saving and the transferred I made from my other account I have been asked how I get that money and how I manage to save all that which I explained in details.

so the main discussion was funds only and apart from that no other refusal reason was discuss neither advertisement material (which was absolutely fine and nothing wrong with it but HO put high concern about this in refusal letter), previous experience just been asked confirm who I worked for and provided experience letter for that and finally questions about the invoices submitted and services provided.

After that my team member was called and he been asked almost same questions and he given details answers about everything and finally both barrister had there submission.

My barrister did good job at this stage and explain whole Tier 1 entrepreneur Scheme from start quoting the reference of rules and mention the requirements etc confirmed we had submitted all correct documents with initial application and details of the funds is explained in detailed by the appellant today which is totally irrelevant to the case as rules say we have to have Access to funds but appellant had possession of funds and which is in account since application is submitted which is almost 1 year.

that's all I remember for now and if I remember anything which is missing i will add, finally thanks to everyone for there continue support and help.

regards
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

Kumar197
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Posts: 111
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Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by Kumar197 » Thu Jan 23, 2014 4:52 pm

Hi,
Interesting and useful sharing...that means experience is mandatory as per judge?the whole policy guidance of Entrepreneur tier1 doesn't say anything about previous experience.

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sky_rise
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Location: London
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Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by sky_rise » Thu Jan 23, 2014 6:25 pm

Well done and best of luck, you deserve to finally get T1E!
Watching this space for furhter (happy) updates!
"Ask me, and I shall provide it"

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

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by rehan01 » Thu Jan 23, 2014 6:34 pm

U can say yes and it helps and definately thy r considering everytjing and asking about everything as i mentioned been questioned for over an hour myself only and been bombarded properly by questions.

But tried my best to answer as best i can and let see how judge will take it all and wht will be the outcome.

Regards
Kumar197 wrote:Hi,
Interesting and useful sharing...that means experience is mandatory as per judge?the whole policy guidance of Entrepreneur tier1 doesn't say anything about previous experience.
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

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

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by rehan01 » Thu Jan 23, 2014 6:34 pm

Thx skyrise will update once i have any news

Regards

sky_rise wrote:Well done and best of luck, you deserve to finally get T1E!
Watching this space for furhter (happy) updates!
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

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

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by bus » Thu Jan 23, 2014 7:28 pm

thanks Rehan for the update I can see my refusal also same as yours re money I transferred from the business account to joint account and money is in the account from 12/12/12 to date. my bank transferred the money as a blocked credit since it was 50k the refusal was saying it is credited not a transfer. we both said in the interview the reason we transferred after reading the guidelines we did this but only problem we both refused to the same reason but my partner is not having appeal right because her visa is still valid. can I fight for her too? in my appeal?

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

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by rehan01 » Thu Jan 23, 2014 7:32 pm

U can apply for JR for ur partner and once ur appeal is appeal is allowed than it will be easier for ur partnwr to get the JR decision qouting ur case as reference but make sure u have answer to every single transaction in ur bank statement and also in ur business bank statement.

As long can u can satisfy the route that were u get the 50 thousand from and u transfer from one acccount to another than u will be fine.

Regards

bus wrote:thanks Rehan for the update I can see my refusal also same as yours re money I transferred from the business account to joint account and money is in the account from 12/12/12 to date. my bank transferred the money as a blocked credit since it was 50k the refusal was saying it is credited not a transfer. we both said in the interview the reason we transferred after reading the guidelines we did this but only problem we both refused to the same reason but my partner is not having appeal right because her visa is still valid. can I fight for her too? in my appeal?
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

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

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by bus » Thu Jan 23, 2014 7:48 pm

thanks Rehan!! much appreciated who is your solicitor can I please know the name.

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

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by rehan01 » Thu Jan 23, 2014 7:50 pm

I love to ahare the details of my solicitor but its againta the policy of this forum to advertise individual services.

Appologize


Regards
bus wrote:thanks Rehan!! much appreciated who is your solicitor can I please know the name.
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

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

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by bus » Thu Jan 23, 2014 8:09 pm

oops sorry Rehan for the inconvenience im a new member :(

prem_singh123
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India

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by prem_singh123 » Thu Jan 23, 2014 8:19 pm

HI Rehan,
Hope you are doing well.
I bet you had quite a good confident hearing today, and you will have your appeak allowed.
The matter of Interview note will definitely fall in your favour as if I remember correctly your refusal had its basis from the interview.
so without the interview the judge cannot assess how HO came to a decision to refuse your application.
so Good luck and give us a good news soon.
Last edited by prem_singh123 on Thu Jan 23, 2014 9:13 pm, edited 1 time in total.

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

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by rehan01 » Thu Jan 23, 2014 8:22 pm

Thanks prem singh ..... Will update once i have any news frm tribunal but it was a tough time in the court but quite confident with whole thing so let c

Regards
prem_singh123 wrote:HI Rehan,
Hope you are doing well.
I bet you had quite a good confident hearing today, and Insha Allah you will have your appeak allowed.
The matter of Interview note will definitely fall in your favour as if I remember correctly your refusal had its basis from the interview.
so without the interview the judge cannot assess how HO came to a decision to refuse your application.
so Good luck and give us a good news soon Insha Allah.
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

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

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by Olasunkanmi » Fri Jan 24, 2014 6:20 pm

@ Rehan, well done for your appeal hearing and I wish you the best of luck in the judge decision.
The key to success is knowledge and hardwork, and to have faith.

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

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by rehan01 » Fri Jan 24, 2014 8:11 pm

Thx olasunkanmi

Regards
Olasunkanmi wrote:@ Rehan, well done for your appeal hearing and I wish you the best of luck in the judge decision.
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

maqeelk84
Junior Member
Posts: 75
Joined: Sun Sep 15, 2013 2:39 pm
Location: London

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by maqeelk84 » Sat Jan 25, 2014 9:40 am

good to hear rehan
i had a hearing on 23 jan. and HO barrister was questioning me like mad. non stop and judge was looking at me. i have done everything well and overcome of refusals points but there is only one point which i cant satisfy her and JUDGE. she asked me where did the 20k came from becoz it came through my mum when she visited us. but these came in three turns and we didnt showed it on the airport. so she asked me ok you give me all evidence even unaudited report about your 20k but where are the invoices i said it is with my accountant she said why you didnt bring it with you. i said you should have told me.
otherwise rest of the things was fine. she interviewed me nearly 1.30hrs. my barrister was fighting as well. i think my judge was not in a good mood so he didnt support me at all...
anyways i hope we got visa soon.
if i wanted to reapply again what things i have to show ? or do i have to open a new company and with a new papers and acounts?

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

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by rehan01 » Sun Jan 26, 2014 4:30 pm

hi maqeelk84,

thanks for sharing your experience and all the best for the outcome ...... I been questioned by HO Barrister like crazy but I had nothing to hide and answer him all apart from one transaction which I couldn't remember at first but later I remember and I clear that as well and I told him I have money in my account and sitting there for last 1 year and my bank statement speak for itself.

good luck

regards
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

maqeelk84
Junior Member
Posts: 75
Joined: Sun Sep 15, 2013 2:39 pm
Location: London

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by maqeelk84 » Sun Jan 26, 2014 4:59 pm

Yes REHAN
i am just watiting and hopping for them to allow my appeal.. becoz i have answered them and but they were confused about my cash transaction which i told them i have submitted the accountant report which they have to accept. so i hope allah will grant you and me a visa without any more headache

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

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by rehan01 » Sun Jan 26, 2014 5:07 pm

Hope for the best and same time prepare urself for next step too just incase if things dont go as planned.

Regards
maqeelk84 wrote:Yes REHAN
i am just watiting and hopping for them to allow my appeal.. becoz i have answered them and but they were confused about my cash transaction which i told them i have submitted the accountant report which they have to accept. so i hope allah will grant you and me a visa without any more headache
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

Zaidii
Member
Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by Zaidii » Tue Jan 28, 2014 12:21 am

Hi there, my tier 1 entrepreneur time line
Visa applied 8-6-2013
Visa refused July 2013
Appeal July 2013
Reason for refusal CAR missing the date of appointment (online version of CAR)

Hearing on 7-1-2014
No letter received yet however when I called tribunal today I was told that the appeal has been dismissed and the letter was sent out on the 22-1-14
I haven't recieved any letter and my barrister is saying she hasn't got anything either.
I'm planning to go to upper tribunal and will request the tribunal tomorrow to reissue the letter.
The question I have is does the letter come through the registered post?
I understand that I will get 5 days to appeal. When does that time start ?
As I will be requesting for the letter to be reissued.

Will really appreciate any advice
Kind regards

maqeelk84
Junior Member
Posts: 75
Joined: Sun Sep 15, 2013 2:39 pm
Location: London

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by maqeelk84 » Tue Jan 28, 2014 9:31 am

did u attend ur hearing?

Zaidii
Member
Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by Zaidii » Tue Jan 28, 2014 11:41 am

maqeelk84 wrote:did u attend ur hearing?

Yes I thought it all went well. Hearing only lasted for no more then 20 minutes.
I'm kind of surprise to know the outcome

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

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by rehan01 » Wed Jan 29, 2014 12:44 am

@ Zaidii

I am surprised that they told you the decision over the phone usually they don't tell the decision over the phone but they have then you better wait for the letter to arrive and then you will have better idea what reason they given in regards to refusing your appeal.

in regards to applying to UT I guess its worth calling tribunal services explaining your situation and asking for advice in regards to UT and its worth speaking to your consultant regarding this as well.

regards
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

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

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by khan_81 » Fri Jan 31, 2014 5:56 pm

Hi Rehan,
any news with Appeal outcome?

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

Re: Appeal Hearing Attended Today ... Lasted 2 Hours

Post by rehan01 » Fri Jan 31, 2014 5:57 pm

nothing yet ..... did call the tribunal today to see if they have any update and been told that decision is still pending.

regards
khan_81 wrote:Hi Rehan,
any news with Appeal outcome?
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

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