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Status Update- After Appeal Allowed

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Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Status Update- After Appeal Allowed

Post by Goblin » Mon Feb 10, 2014 1:18 pm

Hi All,

All of you who have got their Appeal Allowed in Nov,Dec, Jan, Feb & have got their Documents back from home office.
Please update on this post if you don't mind. So that it's helpful for all those who are still waiting to hear from Home office.
It will be beneficial and will give all of us an idea of waiting time.

Please update in the following format:

Appeal Date -
Decision Date (when you received letter from court) -
Current Status - Pending/Documents receive date

Thanks

alik28
Junior Member
Posts: 79
Joined: Fri Dec 21, 2012 9:41 pm

Re: Status Update- After Appeal Allowed

Post by alik28 » Mon Feb 10, 2014 1:27 pm

Goblin wrote:Hi All,

All of you who have got their Appeal Allowed in Nov,Dec, Jan, Feb & have got their Documents back from home office.
Please update on this post if you don't mind. So that it's helpful for all those who are still waiting to hear from Home office.
It will be beneficial and will give all of us an idea of waiting time.

Please update in the following format:

Appeal Date -
Decision Date (when you received letter from court) -
Current Status - Pending/Documents receive date

Thanks


Appeal Date: 18/12/2013
Decision Date: 21/01/2014
Current Status: Still Waiting.

Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Re: Status Update- After Appeal Allowed

Post by Goblin » Mon Feb 10, 2014 1:30 pm

Appeal Date: 29.11.2013
Decision Date: 6.12.2013
Current Status: Still Waiting

Ameer_zyzom
Newbie
Posts: 40
Joined: Mon Feb 10, 2014 6:44 pm

Re: Status Update- After Appeal Allowed

Post by Ameer_zyzom » Mon Feb 10, 2014 6:56 pm

Appeal Date: 11/12/2013
Decision Date: 03/01/2014
Appeal fee refunded: 22/01/2014
Current Status: Still Waiting.

Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Re: Status Update- After Appeal Allowed

Post by Goblin » Mon Feb 10, 2014 7:12 pm

Ameer_zyzom wrote:Appeal Date: 11/12/2013
Decision Date: 03/01/2014
Appeal fee refunded: 22/01/2014
Current Status: Still Waiting.
Hi Ameer,
How are they refunding the fee. Is it through cheque?

vsing012
Newly Registered
Posts: 23
Joined: Sun Dec 22, 2013 8:40 pm

Re: Status Update- After Appeal Allowed

Post by vsing012 » Mon Feb 10, 2014 7:14 pm

Appeal Date- 25/11/2013
Appeal Allowed - 09/12/2013
Still waiting for Visa and Documents

Khan_3_5
Newly Registered
Posts: 22
Joined: Tue Jan 21, 2014 10:26 pm

Re: Status Update- After Appeal Allowed

Post by Khan_3_5 » Mon Feb 10, 2014 7:19 pm

Appeal Date- 18/11/2013
Appeal Allowed - 29/11/2013
Still waiting for refund, Visa and Documents.

shan101
Member
Posts: 104
Joined: Tue May 21, 2013 11:55 pm

Re: Status Update- After Appeal Allowed

Post by shan101 » Mon Feb 10, 2014 8:34 pm

Appeal date: 29/10/2013
Decision: 11/11/2013
All documents received: 2/01/2014
,How can people find the time to hate while life is too short to love,

Ameer_zyzom
Newbie
Posts: 40
Joined: Mon Feb 10, 2014 6:44 pm

Re: Status Update- After Appeal Allowed

Post by Ameer_zyzom » Tue Feb 11, 2014 1:00 am

How are they refunding the fee. Is it through cheque?
Direct to my credit card account, because I paid by my credit card

J2O
Newly Registered
Posts: 20
Joined: Fri Oct 18, 2013 2:22 pm

Re: Status Update- After Appeal Allowed

Post by J2O » Tue Feb 11, 2014 12:42 pm

hi all.

hearing date: 26/11/13
appeal allowed: 10/12/13

no refund so far and waiting for doc

alik28
Junior Member
Posts: 79
Joined: Fri Dec 21, 2012 9:41 pm

Re: Status Update- After Appeal Allowed

Post by alik28 » Wed Feb 12, 2014 12:29 am

alik28 wrote:
Goblin wrote:Hi All,

All of you who have got their Appeal Allowed in Nov,Dec, Jan, Feb & have got their Documents back from home office.
Please update on this post if you don't mind. So that it's helpful for all those who are still waiting to hear from Home office.
It will be beneficial and will give all of us an idea of waiting time.

Please update in the following format:

Appeal Date -
Decision Date (when you received letter from court) -
Current Status - Pending/Documents receive date

Thanks



Appeal Date: 18/12/2013
Decision Date: 21/01/2014
Current Status: Still Waiting.

Just to update you guys I have got my fee refund today.

haritash84
Newly Registered
Posts: 3
Joined: Tue Aug 27, 2013 3:06 am
Location: london

Re: Status Update- After Appeal Allowed

Post by haritash84 » Wed Feb 12, 2014 1:37 am

Hi everyone,
Court date : 18th Dec 2013
Appeal allowed : 10th Jan 2014
Fee refunded : 28th Jan 2014
Documentation : Still waiting
Guys Could you please tell me how much time does it take to receive the documents ? Or still there would be any twist??

kkkTier1
Junior Member
Posts: 60
Joined: Sun Dec 15, 2013 5:54 pm

Re: Status Update- After Appeal Allowed

Post by kkkTier1 » Wed Feb 12, 2014 12:16 pm

Appeal Date -25/11/13
Decision Date -09/12/13
Current Status - waiting for BRP & Docs

Shah05
Member
Posts: 225
Joined: Sun Dec 08, 2013 1:30 am

Re: Status Update- After Appeal Allowed

Post by Shah05 » Wed Feb 12, 2014 12:39 pm

[quote="kkkTier1"]Appeal Date -25/11/13
Decision Date -09/12/13
Current Status - waiting for BRP & Docs[/quote]


Have u got ur fees refund, if yes when?

Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Re: Status Update- After Appeal Allowed

Post by Goblin » Wed Feb 12, 2014 1:18 pm

haritash84 wrote:Hi everyone,
Guys Could you please tell me how much time does it take to receive the documents ? Or still there would be any twist??
Hi Haritash84,

There isn't any time frame. Actually there is but I strongly doubt that UKBA follows that. Coz when applicants have been calling HO (as seen from diff posts on this forum)they get a reply that there is no time scale for it. But as per their website. It takes 4 weeks for the documents to reach concerned department after the appeal has been allowed, and then further 6-8 weeks for HO to issue the documents back to the applicant. So in a total 12 weeks wait b4 contacting HO. But some have been getting there's in 4-5 weeks time & others wait much longer. So all we have to do is sit and wait. But it seems to me that all those who have got their appeal allowed in Dec are all waiting & only NOV applicants have got their documents till now. So may be soon even DEC one's will start getting. But who knows.

In regards, to twist. As per my knowledge it really depends as to what your appeal letter says. Is it for issuance for visa or for reconsideration. If it is for reconsideration then HO can request further doc if needed or can do more checks. And if it is for issuance then HO will just issue the doc. My appeal letter doesn't say anything clearly, the appeal was based on Evidential Flexibility Policy & it said the decision was not made in accordance with law. Therefore, I allow the appeal. I don't know what does that mean but I wanna remain positive so I assume that it is for issuance only :wink:

Rest Be Positive & Good Luck.

Smartpen
Member
Posts: 147
Joined: Tue Apr 16, 2013 10:18 am
Location: London

Re: Status Update- After Appeal Allowed

Post by Smartpen » Wed Feb 12, 2014 1:29 pm

Appeal determination date is 6th January 2014 (mine is paper appeal)
Current status: still waiting.......

Thanks goblin for asking everyone to update,

All the best to all,
Smart

GainKnowledege5
Newly Registered
Posts: 7
Joined: Sun Dec 15, 2013 12:21 pm

Re: Status Update- After Appeal Allowed

Post by GainKnowledege5 » Wed Feb 12, 2014 10:43 pm

Appeal on: 29/11/2013
Decision Received on: 10/12/2014
Refund Received: 09/01/2014
No Documents or further updates, I Call them, they said wait.

Khizar
Junior Member
Posts: 78
Joined: Thu Apr 11, 2013 9:18 pm

Re: Status Update- After Appeal Allowed

Post by Khizar » Wed Feb 12, 2014 11:40 pm

Hearing date: 05/12/2013
Decission recieve date: 18/12/2013
( unlawful decission, asked for reconsideration)
Fees refunded: 10/01/2014

Documents or further queries: still waiting

sws01
Newly Registered
Posts: 10
Joined: Fri Apr 26, 2013 2:49 pm

Re: Status Update- After Appeal Allowed

Post by sws01 » Wed Feb 12, 2014 11:44 pm

hi Gyus
just to let you know one of my friend has got his visa after appeal was allowed in august after then home office appealed against decision then upper tribunal refuse home office request in September, he got the local MP involve in his case, they efficiently helped him and kept him updated regarding his case. then home office responded to MP saying will take 6 weeks but they took more then that n one day he received an email from MP saying the home office has send you visa on 14th jan and he finally got it.

it took very long exactly 1 year after one hearing.

regards

Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Re: Status Update- After Appeal Allowed

Post by Goblin » Wed Feb 12, 2014 11:51 pm

sws01 wrote:hi Gyus
just to let you know one of my friend has got his visa after appeal was allowed in august after then home office appealed against decision then upper tribunal refuse home office request in September, he got the local MP involve in his case, they efficiently helped him and kept him updated regarding his case. then home office responded to MP saying will take 6 weeks but they took more then that n one day he received an email from MP saying the home office has send you visa on 14th jan and he finally got it.

it took very long exactly 1 year after one hearing.

regards
OMG that worries, so long. I just hope this doesn't happen with all of us waiting. I am already so frustrated over all this and find myself so helpless.

Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Re: Status Update- After Appeal Allowed

Post by Goblin » Wed Feb 12, 2014 11:55 pm

Khizar wrote:Hearing date: 05/12/2013
Decission recieve date: 18/12/2013
( unlawful decission, asked for reconsideration)
Fees refunded: 10/01/2014

Documents or further queries: still waiting
Hi Khizar,

I am quite interested in knowing that how does one know whether their appeal allowed is for issuance of visa or for reconsideration. Does your appeal letter say this that HO should reconsider. Coz in that case they can request further more documents. I have hardly understood what's written on my appeal letter - all those paragraph this and that. All that I know is appeal has been allowed. So could you please let me know. Thanks

Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Re: Status Update- After Appeal Allowed

Post by Goblin » Thu Feb 13, 2014 3:42 pm

Hi All,

Just to give an update, I called HO to ask the status of my application. The lady said it's in queue and she can't really tell at what stage of the queue it is. As per her it's only been 10 weeks since my appeal has been allowed and it's quite early. HO takes much longer than this. She said, there is nothing she can do apart from writing to the case working team and ask them that how long it will take. Obviously, that case worker is never going to reply me back to tell the status or how long it will take. So, looks like a lot of patience is needed here & hope to get lucky :cry:

Khizar
Junior Member
Posts: 78
Joined: Thu Apr 11, 2013 9:18 pm

Re: Status Update- After Appeal Allowed

Post by Khizar » Thu Feb 13, 2014 4:22 pm

Goblin wrote:
Khizar wrote:Hearing date: 05/12/2013
Decission recieve date: 18/12/2013
( unlawful decission, asked for reconsideration)
Fees refunded: 10/01/2014

Documents or further queries: still waiting
Hi Khizar,

I am quite interested in knowing that how does one know whether their appeal allowed is for issuance of visa or for reconsideration. Does your appeal letter say this that HO should reconsider. Coz in that case they can request further more documents. I have hardly understood what's written on my appeal letter - all those paragraph this and that. All that I know is appeal has been allowed. So could you please let me know. Thanks
The decission which I receive from court clearly says that Home Office has made an unlawful decission and the application remains outstanding until a fresh lawful decission is made.
Application forwarded to home office for reconsideration and making of decission which has been provided in the court on the basis of evidential flexibility.
(This type of judgment is called as appeal allowed to limited extent).
Thanks

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Choc-Ice
Member
Posts: 245
Joined: Tue Mar 26, 2013 7:58 pm
Nigeria

Re: Status Update- After Appeal Allowed

Post by Choc-Ice » Fri Feb 14, 2014 10:02 pm

Very interesting thread...Anyway I found some very very useful information to those waiting for appeal implementation. Even though an appeal has been allowed, HO can look at it in different ways. There're different type of deteminations! Please read below..

Appeal Allowed - Appeal remitted to the respondent (Caseworker)

Where the appeal has been allowed to the extent that it has been remitted back to the Respondent and the port/casework section that refused the original LTE/LTR should review their decision to refuse taking into account the determination. If the casework section still considers the decision to refuse LTE/LTR is the right decision they should re-issue the decision direct to the appellant and/or their representatives.

Appeal allowed - no Directions given
HO receives an allowed determination and Tribunal has not given directions. SAT has not applied to court for the case to be reviewed.

Appeals are considered on the basis of the facts at the time of the original application not at the date of the appeal hearing. An allowed appeal means that the IJ has ruled that the HO was wrong to refuse LTR not that the applicant is entitled to LTR.

HO should normally issue Leave within 8 weeks of receiving the determination unless:

there has been a significant and material change in circumstances since the refusal decision of which the IAC would be unaware;

or
there has been a material deception which has come to light of which the Immigration Judge would not have been aware;

or
the results of checks that instigated prior to refusing applicant came back after the appeal was heard.

If the above circumstances apply, HO should first consider challenging the determination.

Re-refusing an application where appeal allowed but no directions given

Caseworkers should normally act in accordance with a determination unless the circumstances above applies.

Before re-refusing an applicant, caseworker must first ask the UKBA Specialist Appeals Team (SAT) to challenge the decision (see above). If the SAT challenge the decision, the Caseworker must take no action until UKBA inform them of the final appeal determination.

Senior Manager must endorse any re-refusal. The refusal notice must make it clear why caseworker was not prepared to grant TR. All new reasons for refusal must be factual and be supported by relevant documentation / evidence.

HO receives an allowed determination and the Immigration Judge has directed that LTR is issued.


There is a statutory duty under Section 87(2) of the 2002 Act for the caseworker to comply with directions, unless the determination is subject to further appeal.

Caseworker has no power to re-refuse an application if an immigration judge has 'directed issue' of LTR. HO must issue the LTR in accordance with the immigration rules.
IMpossible is 2 letters to long!

Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Re: Status Update- After Appeal Allowed

Post by Goblin » Fri Feb 14, 2014 11:46 pm

Thank you choc ice, that was helpful, but i am still confused :P

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