Court Decision

[kandycity]

This is related to my post on 18th June under the topic "It was our hearing date yesterday". We received the decision letter through our solicitor and what the Judge's decision was, she has ordered to the Home office to make a fresh decision base on the evidence we provided (A trading contract & supporting documens for qualifying Job title) at court hearing. She has also given to Home office 5 working days period to make an appeal in upper tribunal, if they are not satisfied with the court decision.

On 6 pages decision letter, the Judge has stated that she agreed with all the points what our solicitor highlighted and it is unfair and unlawful to make a refusal decision, when the applicants who got excellent immigration history have satisfied all major requirements. It also says applicants should have contacted first for missing documents or if there is not enough evidence for any minor requirements.

So now, we are not sure how long that Home office will take to make their fresh decision, if they are happy with the court decision.

[Darvesh]

u shud be ok...in most of the cases HO dont go to appeal in UTT against decision unless it has very strong point to prove.....hopefully u will get a new decision by HO which will be in ur favor. best of luck

[Avinine86]

I thought the court would take a decision by itself. Does the court not take a decision and ask UKBA to grant the visa in any cases ?

This is related to my post on 18th June under the topic "It was our hearing date yesterday". We received the decision letter through our solicitor and what the Judge's decision was, she has ordered to the Home office to make a fresh decision base on the evidence we provided (A trading contract & supporting documens for qualifying Job title) at court hearing. She has also given to Home office 5 working days period to make an appeal in upper tribunal, if they are not satisfied with the court decision.

On 6 pages decision letter, the Judge has stated that she agreed with all the points what our solicitor highlighted and it is unfair and unlawful to make a refusal decision, when the applicants who got excellent immigration history have satisfied all major requirements. It also says applicants should have contacted first for missing documents or if there is not enough evidence for any minor requirements.

So now, we are not sure how long that Home office will take to make their fresh decision, if they are happy with the court decision.

[desibabu]

This is related to my post on 18th June under the topic "It was our hearing date yesterday". We received the decision letter through our solicitor and what the Judge's decision was, she has ordered to the Home office to make a fresh decision base on the evidence we provided (A trading contract & supporting documens for qualifying Job title) at court hearing. She has also given to Home office 5 working days period to make an appeal in upper tribunal, if they are not satisfied with the court decision.

On 6 pages decision letter, the Judge has stated that she agreed with all the points what our solicitor highlighted and it is unfair and unlawful to make a refusal decision, when the applicants who got excellent immigration history have satisfied all major requirements. It also says applicants should have contacted first for missing documents or if there is not enough evidence for any minor requirements.

So now, we are not sure how long that Home office will take to make their fresh decision, if they are happy with the court decision.

[KickAss]

Many Thanks Kandycity for providing this useful information.
I don't see any reason why UKBA will make a decision against you.
All the best !

[rehan01]

So all looking positive and hopefully ukba will issue you visa now.

Regards

[top]

considering the decision as you wrote court made in your favor you would have had your visa by now I hope.

every case dealt in court is recorded and sometimes used as a reference in same or similar situations, your win can be helpful for many suffering would you mind if I ask you to provide the details of your lawyer you had dealing with your case please?

Thanks...

[kandycity]

Hi Guys,

We haven't heard anything yet from HO and to be honest, we are so fed up with waiting now. We expecting something in this week and if not, we decided to inquire from HO next week through the solicitor.

[rooney0511]

Hi Guys,

We haven't heard anything yet from HO and to be honest, we are so fed up with waiting now. We expecting something in this week and if not, we decided to inquire from HO next week through the solicitor.

Appeals Implementation team is a totally different team, they are dealing cases presently where applicants have won in February. You are in for a decent wait I guess.

[business genius]

Oh God
After winning the appeal, wait for another 5 months!!!!!!!what a system???
Cant understand this!!