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Pending Applicants. Be prepared for another Attack from HO

Only for UK Tier 1 (Entrepreneur) points system

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

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sunnet
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Joined: Thu Jul 18, 2013 12:41 am

Pending Applicants. Be prepared for another Attack from HO

Post by sunnet » Fri Jul 18, 2014 12:55 am

Hi Guys.

i am genuinely runnin IT business.
i applied in november 2012. there was not much restriction or much documentation while i applying. i was the victim of rule changes in mach 2013. HO refuse my application under genuine test in december 2013. [ took one year ]

judge allowed my appeal and asked the HO to take new decision. [ in april 2014 ]

waiting for HO Respond.

Again HO create new rules. i hope they try to find a new way to lock the applicants who won the appeal. i heard that there is no more appeal after october 2014.

so all the pending applicants should be alert and prepare for next attack from HO.

please share your opinion and tell your status.

Tier1luck
Newbie
Posts: 39
Joined: Sat May 31, 2014 12:54 pm

Re: Pending Applicants. Be prepared for another Attack from

Post by Tier1luck » Fri Jul 18, 2014 5:32 pm

hello

i think judge didnt allow ur appeal but sent back to home office for reconsideration. as i had same experience in
september 2013 and after 6 months in march 2014 ,home office invited me for interview in sheffield too. and since then i been
waiting for reply..

just need to know did u attend any interview after reconsideration of ur appeal by court ???

regards

Princess of Ammi
- thin ice -
Posts: 298
Joined: Tue Dec 03, 2013 2:33 pm

Re: Pending Applicants. Be prepared for another Attack from

Post by Princess of Ammi » Fri Jul 18, 2014 6:28 pm

you guys and anyone in similar situation should ask your local Mp to speak to home office about situation and fast processing.
some of us think seeking Mp intervention is waste of time but in fact it is other way round Mps have got given separate lines and facilities for such matters.
thanks,

sunnet
Newly Registered
Posts: 10
Joined: Thu Jul 18, 2013 12:41 am

please tell, Is it allowed by judge, or anything else?

Post by sunnet » Sat Jul 19, 2014 12:49 am

judge wrote this in the determination letter
-----
------

7. After this matter was considered during the appeal hearing it was agreed by the respondent that the failure to give the first name appellant an opportunity to deal with some the significant matters upon which the respondent relied in arriving at the conclusion that his claim was not credible, was sufficiently serious to amount to an error of law. Thus, by consent, it was agreed that this application should be remitted to the respondent to be considered afresh.

8. i should add that if, when a fresh decision is made, it is unfavourable to the appellant, and if a subsequent appeal is brought, each party will be expected to prepare its case for the appeal properly and efficiently because it is unlikely, given the history and the warning set out herein, that any subsequent request for an adjournment would succeed.

Decision
The decision dated 12 December 2013 contains a material error of law, as set out above, and the applications are remitted to the respondent for new decisions to be made. No application for costs having been made, there is no order as to costs.


COULD YOU ANYBODY TELL .. IS IT ALLOWED ?? OR ASKED FOR RECONSIDER ?? because my lawyer said on hearing day that my appeal was allowed. i am confusing.

thanks

vinny
Moderator
Posts: 29178
Joined: Tue Sep 25, 2007 7:58 pm

Re: please tell, Is it allowed by judge, or anything else?

Post by vinny » Sat Jul 19, 2014 12:52 am

this application should be remitted to the respondent to be considered afresh.
the applications are remitted to the respondent for new decisions to be made.
The UKVI should reconsider the applications.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Tier1luck
Newbie
Posts: 39
Joined: Sat May 31, 2014 12:54 pm

Re: please tell, Is it allowed by judge, or anything else?

Post by Tier1luck » Sat Jul 19, 2014 3:25 am

More or less same verdict by court in my decision too . and it's simply means that
Judge referred to UKBA for fresh and lawful decision.

sunnet
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Posts: 10
Joined: Thu Jul 18, 2013 12:41 am

Re: please tell, Is it allowed by judge, or anything else?

Post by sunnet » Sun Jul 20, 2014 12:21 am

hi tier1luck.

how long have you been waiting for new decision ??

do you think that HO is keep pending our application till october. because after that we can't appeal their decision

Tier1luck
Newbie
Posts: 39
Joined: Sat May 31, 2014 12:54 pm

Re: please tell, Is it allowed by judge, or anything else?

Post by Tier1luck » Sun Jul 20, 2014 1:28 am

@ Hi sunnet

I did apply in October 2012 and refused in May 2013 and attend court
Hearing in sep 2013 in which court asked ukba to roconsider make lawful decision and after that I did attend interview in sheffield too and Since then I been waiting .

Ya u right but October 2014 is not confirmed yet by reliable sources . It's just an humour so far. But if u in rush u can contact ur local MP to pursue ur case in ur behalf

sunnet
Newly Registered
Posts: 10
Joined: Thu Jul 18, 2013 12:41 am

Re: please tell, Is it allowed by judge, or anything else?

Post by sunnet » Sun Jul 20, 2014 10:56 pm

@ Tier1luck

what did they ask in the interview ?? same as other applicant? or any special question. because you went for interview after court decision..

yes i plan to contact MP next month.

i will update you when i do it.

Thanks for your advice.

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