Appeal allowed but HO appealed against the decision

[hammad ahmad]

Upper tribunal date coming in January 2015.

Please seniors advise.
Can I submit additional information as the letter states that no new evidence will be considered only the evidence that was submitted in the FTT will be considered

Please your guidance will be highly appreciated

[aiza78601]

no new evidence would be accepted

the main point of hearing would be the error of law made by ist judge and the points from ist judge finding on which permission has been granted

like i mention in my early thread that i red many cases and decision from upper tribunal,where any party tried to put new evidence judge refused and said i will only discuss and find the error of law on which permission granted

[hammad ahmad]

@Aiza78601, thanks for your reply. I don't have any additional information to submit but if I have to show that the balance of 50,000 is still available and disposable in the UK. This point was also proved in the FTT.

But I am very confused that when I applied there was no such rule which specifically mentioned that the 50,000 should be available on the same day. now in the new rules that was published on 6th Nov 2014 and first inserted in the statement of changes on 16th October 2014 it specifically mentioned that if MULTIPLE DOCUMENTS ARE Provided (MEANING DIFFERENT BANK STATEMENTS FROM DIFFERENT BANKS) THE FUNDS SHOULD BE AVAILABLE ON THE SAME DATE.

Please share your thoughts

[aiza78601]

hammad dont worry,and dont forget ALLAH IS THERE

say ALLAH I LEAVE EVERY THING ON YOUR WILL ,U R A superior JUDGE

and if ist tier judge found 50k in your account at the time of your refusal, u will be fine

[hammad ahmad]

Thanks Aiza78601

Yes very true. ALLAH is the best planner and what ever ALLAH will decide that will be best.


If anyone can answer this question.

I have 25000 pounds in Pakistan should I transfer that amount into the UK before my Upper tribunal. As I had all ready proved that the money was in our accounts. 25000 is in the UK.

Please advise.

[hammad ahmad]

Plz any one help or suggest,

I lost my case in the Upper tribunal. The judge allowed home office appeal and dismissed FTT decision where I won my appeal.

My case was: £50,000 not available on the same date.

I had 25000k on 17th March 2014
and £25000k on 19th March 2014

I made a silly mistake as I was not aware that £50,000 should be available on the same date.

What should I do now. We proved that funds still available in our account.

I am considering to go back. Probably this would my last message here unless if any senior can suggest anything.

Should I go to court of appeal? My solicitor said don't waste money and time

Please anyone please suggest anything

[Sohail Alvi]

better reapply to save your time and money too. Seniors can give better advice anyway.

[marketing786]

My case time line is
Applied September 2013
Refused April 2014
Appeal allowed 2014
Home Office appealed to go UTT
UTT prmission granted.

Letter states that.
1) Section 35(a) of evidential flexibility is still arguable.
2) The conclusion is still arguable which the judge used after the day of hearing.

What do you guys think ? is there any one fasing the same situation ? The hearing day was completely in our hand and HO representative accepted her defeat and asked the judge to send it for reconcideration.

[faizal223]

I applied for my wife's and two child settlement
visa on 22nd july 2013 at VFS Chennai .
Date of application : 22nd july 2013
Applied at - VFS , Chennai
Application under process : 26th july 2013
visa refused : 09th july 2014
visa appeal :29th july 2014
hearing date: 12th june 2015
pls some help anychance to won appeal settlement child over 18

this is refusal reason for my wife and my son under 18:
30th october 2013 i have received email from british high commission for under paragraph listed below.i have meet income threshold requirement but i application put on hold.after i have sent further document to bhc chennai
Your applications for entry clearance under paragraph EC-P.1.1 of Appendix FM to the Immigration Rules have been considered. Your applications fall to be refused solely because you do not meet the income threshold requirement under Appendix FM and the related evidential requirements under Appendix FM-SE.
1. The letter from xxxxx company does not confirm what your sponsors designation is within the company nor his gross annual salary
2. The letter from yyyyyy company does not describe your sponsors gross annual salary
faizal223
Newly Registered

Posts: 8
Joined: Sun Sep 22, 2013 10:16 pm
Location: india
I applied for my wife's and two child settlement
visa on 22nd july 2013 at VFS Chennai .
Date of application : 22nd july 2013
Applied at - VFS , Chennai
Application under process : 26th july 2013
visa refused : 09th july 2014
visa appeal :29th july 2014
hearing date: 12th june 2015
pls some help anychance to won appeal settlement child over 18

this is refusal reason for my wife and my son under 18:
30th october 2013 i have received email from british high commission for under paragraph listed below.i have meet income threshold requirement but i application put on hold.after i have sent further document to bhc chennai
Your applications for entry clearance under paragraph EC-P.1.1 of Appendix FM to the Immigration Rules have been considered. Your applications fall to be refused solely because you do not meet the income threshold requirement under Appendix FM and the related evidential requirements under Appendix FM-SE.
1. The letter from xxxxx company does not confirm what your sponsors designation is within the company nor his gross annual salary
2. The letter from yyyyyy company does not describe your sponsors gross annual salary