Appeal Not Lodged

[DJ483]

Dear Members,

Thank you firstly to the admins and moderators for creating a space where people are able to express their concerns and find some solutions to their immigration situation.

My situation:

I have applied for FLR (FP) through fee waiver in July 2021 on the basis of miscarriage of justice and the impact it had on me mentally and career-wise, with time I lost because of mistakes from HO's end in my initial Tier 2 application, sep 2022 my application was refused with appeal rights and my barrister made a paper appeal application (filled in manually and scanned and sent to the email address mentioned on the form) with in the time period. It is an in-time appeal. He received an auto response saying that it's been received and in 10 working days they would provide an update. My barrister asked me to mention my account details. so that the fee for a oral hearing in the court would be charged.

Its been literally 6 months and the money hasn't gone out of my account and I was starting to wonder what might have happened as the barrister hasn't been pro active in updating me with the situation. So, I rang the helpline number for HMCTS and they mentioned that my appeal has not been registered in the system and to send the documents again, cause their might be an technical issue on their end. Immediately my barrister e-mailed them the original document for the appeal and the acknoledgment as evidence to their email.

Now, I have done some digging around and found that the appeal can also be submitted online from myHMCTS account from my barristers end and when I raised this with him, he said there is also an option to submit the paper document for appeal and he choose that.

My questions are:

1. Would HMCTS consider this to be an in-time appeal as for the submission done, as the first time was in-time appeal.

2. If, my appeal is registered and given a refernce number, would my stay be covered under section 3C.

3. Would my current stay come under overstay cause of the given situation

I actually wanted to withdraw my appeal and leave the country and may be look for some future prospects, but given the current situation,

what would be the consequences if I leave the country without my appeal being lodged

or

Shall I wait untill its registred and I have a appeal refernce number, then withdraw it.

Any help or sugesstions or advice would be much appreciated with my questions, please .

TIA.