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I know someone who was granted appeal on the basis of her Human Rights even though she was refused on Immigration rules ( she was not earning $18600)yours might well go the same way,but it all depends on the judge.In her case he was very good and more or a less took her side instead of the Home officeakhan47 wrote:It lasted around 15 minutes. The home office rep did ask me one question.HaroonAli wrote:Hello there,
Em that is weird I was only asked one question by my judge and few things from the Home Office as I had thought we would need to use the Article 8 Human Rights as well. Maybe the judge was not nice or something but however did the Home Office not ask you any questions.
Also may I ask how long you were in for.
Do not worry as she failed the English Test but obviously she had to do it again so it does not make sense if she can not take that into account as it has to be taken into account.
Also you have a daughter and they can not stop the right to family life. Maybe you had one of them judges, anyway did the judge not mention about the appeal being allowed or anything.
Hope to hear back soon from yourself.
Thanks
akhan47 wrote:Ok guys, so my hearing was earlier today.
I really can't tell how it went. It started off really bad. As soon as I confirmed my name, address etc the Judge started saying the applicant did the English test after decision so I can't take that in to account.
The judge actually asked my solicitor to speak more about article 8 (seemed like she wanted him to convince her) and as my solicitor argued the article 8 point and mentioned my daughter it did seem to get better but I really don't know what to think. Judge smiled at me as she dismissed us but I'm probably just reading into it too much.
Now just praying and waiting for the determination letter...
The Judge cannot allow the appeal on immigration rules as my wife did the test after being rejected, so it's new evidence. My only hope is article 8. She just said I will make a decision this afternoon and you will receive a letter in 2 weeks.
Regarding ANY IDEA WHAT DATE IT WILL BE, for that you'll need a crystal ball. They seem to be extending the hearing dates longer and longer (5 or 6 months). The person for whom you are posting will, unfortunately, have to brace themselves for a long wait.abidabzhussain wrote:Please explain appeal whole process.
First notice of appeal is 8 october 2013 on which a date will be given for hearing ( ANY IDEA WHAT DATE IT WILL BE )
Hi, i take it you sent your appeal off, then they give you about 19 weeks for the BHC to re review your case to see if they will over turn. so by the 8th october if the bhc have not sent you a decision then the court will give you a hearing date, and dont quote me but i think they may be about another 3 to 4 months for court hearing date.if its a quiet period then usallay about 8 weeks after deadline date you will attend court.IF you win then about 2 weeks later you will get decision that case is over turned. then it goes back to islamabad and then a call letter so within 4 weeks your partner will get a call or letter saying bring in passport and avalid tb test. then within a week you get visa stamped on the passport and ready for collectionabidabzhussain wrote:Please explain appeal whole process.
From day of rejection till hearing date all steps till collection of passport with visa stamp ( all steps time lines ie refusion,review,pending appeal,hearing date,judge decision,passport submission letter,visa stamp and collection after appeal successful )
In this case visa rejected on 25 march
First notice of appeal is 8 october 2013 on which a date will be given for hearing ( ANY IDEA WHAT DATE IT WILL BE )
akhan47 wrote:My hearing was last Monday, we received determination letter on Friday saying the appeal has been rejected. We had no chance on immigration rules however, I felt like my wife should have been given the visa under article 8.
The Judge seems to have overlooked a lot of the comments I made in my statement. I will be appealing to the upper tribunal.
My wife did do the test but Judge said anything that is done after the date of decision cannot be taken into consideration. The determination letter is around 7 pages long. She just goes through the whole case and how she came to her decision.HaroonAli wrote:OMG!
I am so shocked at this decision and that was very quick to get a determination letter as you got it within 2-3 days as I am still awaiting on mines.
I am not sure as it should be given as I had gave a lot of evidence after my application and even in appeal I had gave lots of extra information. Really feeling anxious.
May I ask what was written on the determination letter. Did you wife not do her English test in time for appeal as all documents sent in appeal should be considered when making a decision.
Again SO SHOCKED TO HEAR THIS AS THAT WAS A VERY QUICK DECISION -- WHAT DID YOU LAWYER DO AT COURT AS HE SHOULD HAVE FOUGHT OR DEFENDED IT AS MY LAWYER WAS NOT ASKED ANYTHING TO DEFEND.
Again so so sorry to hear this brother now I am feeling stressed as I have not got or heard anything spoke to AIT last week they say the decision is reserved and pending details from the judge.
Hope to hear back soon from yourself.
Thanks
akhan47 wrote:My hearing was last Monday, we received determination letter on Friday saying the appeal has been rejected. We had no chance on immigration rules however, I felt like my wife should have been given the visa under article 8.
The Judge seems to have overlooked a lot of the comments I made in my statement. I will be appealing to the upper tribunal.
akhan47 wrote:My wife did do the test but Judge said anything that is done after the date of decision cannot be taken into consideration. The determination letter is around 7 pages long. She just goes through the whole case and how she came to her decision.HaroonAli wrote:OMG!
I am so shocked at this decision and that was very quick to get a determination letter as you got it within 2-3 days as I am still awaiting on mines.
I am not sure as it should be given as I had gave a lot of evidence after my application and even in appeal I had gave lots of extra information. Really feeling anxious.
May I ask what was written on the determination letter. Did you wife not do her English test in time for appeal as all documents sent in appeal should be considered when making a decision.
Again SO SHOCKED TO HEAR THIS AS THAT WAS A VERY QUICK DECISION -- WHAT DID YOU LAWYER DO AT COURT AS HE SHOULD HAVE FOUGHT OR DEFENDED IT AS MY LAWYER WAS NOT ASKED ANYTHING TO DEFEND.
Again so so sorry to hear this brother now I am feeling stressed as I have not got or heard anything spoke to AIT last week they say the decision is reserved and pending details from the judge.
Hope to hear back soon from yourself.
Thanks
akhan47 wrote:My hearing was last Monday, we received determination letter on Friday saying the appeal has been rejected. We had no chance on immigration rules however, I felt like my wife should have been given the visa under article 8.
The Judge seems to have overlooked a lot of the comments I made in my statement. I will be appealing to the upper tribunal.
I don't think you should worry too much, your case was more straightforward. I knew I had no chance on the immigration rules but we argued about article 8 to no avail. The Judge says Article 8 can't be used in my case and even suggested I could go to live in Pakistan. She clearly overlooked the fact that I stated I have job commitments, me and my daughter are both British citizens.
I'm applying to appeal to the upper tribunal.
HaroonAli wrote:OK but still if you have a daughter they need to give the visa as that covers Right to Family Life and also Human rights as well.
Really confused with your decision as I am sure you should have got the appeal allowed as really shocked to hear all this and again my condolences with yourself and your family.
I had put in so much documents in time of appeal but they were not looked at and also more documents when we went to the hearing but judge never questioned anything as maybe when my witnesses went then obviously HO or judge can not state they are lying as both were employer & landlady.
Anyway I am awaiting decision and I hope to get good news soon. Do keep me updated as I am sure Upper Tribunal will allow appeal as this is shocking and a disgrace to HO and everyone else.
Have a good day.
Thanks
akhan47 wrote:My wife did do the test but Judge said anything that is done after the date of decision cannot be taken into consideration. The determination letter is around 7 pages long. She just goes through the whole case and how she came to her decision.HaroonAli wrote:OMG!
I am so shocked at this decision and that was very quick to get a determination letter as you got it within 2-3 days as I am still awaiting on mines.
I am not sure as it should be given as I had gave a lot of evidence after my application and even in appeal I had gave lots of extra information. Really feeling anxious.
May I ask what was written on the determination letter. Did you wife not do her English test in time for appeal as all documents sent in appeal should be considered when making a decision.
Again SO SHOCKED TO HEAR THIS AS THAT WAS A VERY QUICK DECISION -- WHAT DID YOU LAWYER DO AT COURT AS HE SHOULD HAVE FOUGHT OR DEFENDED IT AS MY LAWYER WAS NOT ASKED ANYTHING TO DEFEND.
Again so so sorry to hear this brother now I am feeling stressed as I have not got or heard anything spoke to AIT last week they say the decision is reserved and pending details from the judge.
Hope to hear back soon from yourself.
Thanks
akhan47 wrote:My hearing was last Monday, we received determination letter on Friday saying the appeal has been rejected. We had no chance on immigration rules however, I felt like my wife should have been given the visa under article 8.
The Judge seems to have overlooked a lot of the comments I made in my statement. I will be appealing to the upper tribunal.
I don't think you should worry too much, your case was more straightforward. I knew I had no chance on the immigration rules but we argued about article 8 to no avail. The Judge says Article 8 can't be used in my case and even suggested I could go to live in Pakistan. She clearly overlooked the fact that I stated I have job commitments, me and my daughter are both British citizens.
I'm applying to appeal to the upper tribunal.
munashak wrote:HaroonAli wrote:OK but still if you have a daughter they need to give the visa as that covers Right to Family Life and also Human rights as well.
Really confused with your decision as I am sure you should have got the appeal allowed as really shocked to hear all this and again my condolences with yourself and your family.
I had put in so much documents in time of appeal but they were not looked at and also more documents when we went to the hearing but judge never questioned anything as maybe when my witnesses went then obviously HO or judge can not state they are lying as both were employer & landlady.
Anyway I am awaiting decision and I hope to get good news soon. Do keep me updated as I am sure Upper Tribunal will allow appeal as this is shocking and a disgrace to HO and everyone else.
Have a good day.
Thanks
akhan47 wrote:My wife did do the test but Judge said anything that is done after the date of decision cannot be taken into consideration. The determination letter is around 7 pages long. She just goes through the whole case and how she came to her decision.HaroonAli wrote:OMG!
I am so shocked at this decision and that was very quick to get a determination letter as you got it within 2-3 days as I am still awaiting on mines.
I am not sure as it should be given as I had gave a lot of evidence after my application and even in appeal I had gave lots of extra information. Really feeling anxious.
May I ask what was written on the determination letter. Did you wife not do her English test in time for appeal as all documents sent in appeal should be considered when making a decision.
Again SO SHOCKED TO HEAR THIS AS THAT WAS A VERY QUICK DECISION -- WHAT DID YOU LAWYER DO AT COURT AS HE SHOULD HAVE FOUGHT OR DEFENDED IT AS MY LAWYER WAS NOT ASKED ANYTHING TO DEFEND.
Again so so sorry to hear this brother now I am feeling stressed as I have not got or heard anything spoke to AIT last week they say the decision is reserved and pending details from the judge.
Hope to hear back soon from yourself.
Thanks
I don't think you should worry too much, your case was more straightforward. I knew I had no chance on the immigration rules but we argued about article 8 to no avail. The Judge says Article 8 can't be used in my case and even suggested I could go to live in Pakistan. She clearly overlooked the fact that I stated I have job commitments, me and my daughter are both British citizens.
I'm applying to appeal to the upper tribunal.
very upset after reading your post of appeal determination.Akhan47 just sabar nd think that we will get visa when ALLAH ALMIGHTY want to bless on time. so wait 4 time. i know its very very hard to wait nd apart from family but nothing can do in front of ALLAH ALMIGHTY decisions. my court hearing on 18th sep very upset nd my case is similar to haroon
abidabzhussain wrote:Any idea what date of court hearing could one get if the notice of pending appeal is on 8 October 2013.
Visa was refused on 22 march.. They did not accept review .. Now on 8 octobor they will give hearing date? How long its taking now a days. It will be from london.
nawaz86 wrote:Yes honestly court dates in London areabidabzhussain wrote:Are you sure...??
Thats a v long time
Being listed 6-7 months ahead
im so sorry to hear, this is really bad news. it seems like your judge cannot be bothered. also did you not take a lawyer or solicitor...akhan47 wrote:My hearing was last Monday, we received determination letter on Friday saying the appeal has been rejected. We had no chance on immigration rules however, I felt like my wife should have been given the visa under article 8.
The Judge seems to have overlooked a lot of the comments I made in my statement. I will be appealing to the upper tribunal.
HaroonAli wrote:Make sure brother you take witnesses with yourself and get a Witness Statement from them as well.
I took my employer who admitted his fault and my landlady went to state I have been living since May 2012 in her house. If you take employer & landlady and they answer everything then the judge and HO in most cases can not do anything as otherwise they will have to turn around and say they are lying or think the information is bad quality.
**MAKE SURE THAT IF YOUR CASE IS SOMETHING TO DO WITH EMPLOYMENT OR PROPERTY TAKE THE RELEVANT PARTIES CONCERNED AS WHEN THEY WENT IN WE NEVER DEFENDED ANYTHING AS HOME OFFICE WAS MORE THAN SATISFIED AND JUDGE ONLY ASKED ONE QUESTION TO EACH!** my husband is living with parents so no problem nd employer will go in court
munashak wrote:HaroonAli wrote:OK but still if you have a daughter they need to give the visa as that covers Right to Family Life and also Human rights as well.
Really confused with your decision as I am sure you should have got the appeal allowed as really shocked to hear all this and again my condolences with yourself and your family.
I had put in so much documents in time of appeal but they were not looked at and also more documents when we went to the hearing but judge never questioned anything as maybe when my witnesses went then obviously HO or judge can not state they are lying as both were employer & landlady.
Anyway I am awaiting decision and I hope to get good news soon. Do keep me updated as I am sure Upper Tribunal will allow appeal as this is shocking and a disgrace to HO and everyone else.
Have a good day.
Thanks
akhan47 wrote:
My wife did do the test but Judge said anything that is done after the date of decision cannot be taken into consideration. The determination letter is around 7 pages long. She just goes through the whole case and how she came to her decision.
I don't think you should worry too much, your case was more straightforward. I knew I had no chance on the immigration rules but we argued about article 8 to no avail. The Judge says Article 8 can't be used in my case and even suggested I could go to live in Pakistan. She clearly overlooked the fact that I stated I have job commitments, me and my daughter are both British citizens.
I'm applying to appeal to the upper tribunal.
very upset after reading your post of appeal determination.Akhan47 just sabar nd think that we will get visa when ALLAH ALMIGHTY want to bless on time. so wait 4 time. i know its very very hard to wait nd apart from family but nothing can do in front of ALLAH ALMIGHTY decisions. my court hearing on 18th sep very upset nd my case is similar to haroon