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Appeal refused by UT bcos application was made out of time

Only for UK Tier 1 (Entrepreneur) points system

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learningtopass
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Posts: 11
Joined: Fri Sep 21, 2012 7:12 pm

Appeal refused by UT bcos application was made out of time

Post by learningtopass » Fri Jun 27, 2014 3:49 pm

Dear all

Urgent help required!
The Upper Tribunal has refused permission to appeal because firstly application was made out of time and the Tribunal is not willing to admit application, and secondly that even if the application was made in time (which the Upper Tribunal does not accept) the decision of the Immigration Judge contains no error of law.
I would like to know whether a fresh application can still be made for leave to remain as a Tier 1 (Entrepreneur).

I checked with the Solicitor and he has finally admitted that he sent the application late as his fax machine broke on the last day of the deadline. and further advised that my sister (the applicant) might be now considered an overstayer in which case her application could be refused outright.

My question is, as it was a mistake (administration issue) on the part of my Solicitor, can we appeal again to upper tribunal myself directly to explain the situation? if not, than whats the absolute minimum deadline for her to leave this country, without getting into any further trouble.

Or does anyone know if there is any other route or method by which she could apply again or get right to appeal?

Please help!!! Waiting eagerly to hear from you all.

Darvesh
Member of Standing
Posts: 441
Joined: Wed Feb 27, 2013 11:44 pm
Location: London

Re: Appeal refused by UT bcos application was made out of ti

Post by Darvesh » Fri Jun 27, 2014 3:56 pm

u mayb able to make a fresh application within 28days of refusal from UTT however it wont attract any appeal. make sure all docs are properly arranged before u apply this time round.

learningtopass
Newly Registered
Posts: 11
Joined: Fri Sep 21, 2012 7:12 pm

Re: Appeal refused by UT bcos application was made out of ti

Post by learningtopass » Sat Jun 28, 2014 9:15 am

Thanks for you reply!!
My solicitor has actually now found fax receipt and is saying the fax actually did go through and to be on safe side he also sent it by post. UTT acknowledged his post, but did not acknowledge the fax!

I notice the fax number to which he sent appeal was of First tier tribunal; UTT fax no. is different. He has now sent UT proof of receipt (which was sent to fax no. for FTT) insisting we did submit application on time.

Do you think UTT will accept that submission valid, or still decline as it was sent to FTT fax number?

Is FTT and UT based in the same building or location, do they normally sort out issues like this between themselves?

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