Help, Tier 2 general appeal decision

[samle]

Hi All,
I'm just wondering if anyone could clarify me about my Tier 2 general appeal decision from first-tier tribunal for on paper hearing.

In the decision section, it stated that
{
I found that the Respondent's decision was made in accordance with the law and immigration rules. The appeal is accordingly refused in terms of the Rules.

I allow the appeal on human rights grounds.
}

The judge also also awarded me the cost of my appeal.

what are they meant? is my appeal success or not ?

Any advice on what I should do next.

Thanks a lot in advanced.

[Greenie]

It means your appeal was partially successful-it means the decision was correct in terms of the immigration rules, ie you didn't qualify for further leave under tier 2, but that it would be a breach of your family/private life not to grant you some form of leave. Before 9 July this decision would have resulted in you being granted discretionary leave however this policy has now been withdrawn so it is unclear what leave you will be granted (presuming ukba don't appeal the decision). I would presume they would grant leave under the 10 year family/private life route although this is unclear. What was the judges reasoning for allowing the appeal on human rights grounds?

[samle]

Hi Greenie,

Thanks a lot for instant reply.

I not very clear about the reasons.

[ It stated that Given the circumstances of this case I have concluded that it would be disproportionate in the interest of having an effective immigration policy to refuse this application in view of the important nature of the work and the necessity his employers see in he alone continuing in his specific post. ]

is this the reason ?

my visa application was refused due to working hour (40 hrs instead of 37.5 hrs per week) didn't comply to minimum salary requirement and I submitted the appeal with supporting letter from the company stating that it was a mistake by the company and it increase my salary up to minimum requirement and also stated that it is only me who would be able to provide technical expertise for the software product.

would it be feasible that i will be granted for tier 2 again ?

thanks

[Greenie]

Yes that's the reason. As i said before 9 July they would have granted you discretionary leave not tier 2 leave, following the withdrawal of the discretionary leave policy it is unclear what ukba will do in this scenario.

[samle]

Thank you.

What should I do next? Should I contact UKBA or wait from them?

Thanks again.