I received appeal decesion today.

[TSAZ]

Hi all
Allas my appeal has been dismiss by judge.i had appeal heard on 4 September and today I received decesion.
O God how long will take this tense situation.really annoyed

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sorry to hear that can i know if you try the upper tribunal..

can you tell something about the objections and grounds judge dismissed your appeal under?
thanks

[nagisons]

Hi all
Allas my appeal has been dismiss by judge.i had appeal heard on 4 September and today I received decesion.
O God how long will take this tense situation.really annoyed

Sorry to hear.


Could you Please explain the reasons and Hearing details?
How the hearing was in the court?

argumental ?


Regards

[arsi_315]

I am really sorry to hear that

I thought your case and mine case were similar and i won the appeal so i was hoping that you will also win it 100%. Can you let me know what went wrong? Was it a poor barrister? What did judge say?

[mkd1234]

@TSAZ
I am really sorry to hear that, actually your hearing was before the introduction of new changes. Unfortunately the judge looked a bit harsh on you as well. But believe me you will definitely win your case in upper tribunal. Is your representative a barrister?? and was this the only reason of refusal??

[TSAZ]

I am really sorry to hear that

I thought your case and mine case were similar and i won the appeal so i was hoping that you will also win it 100%. Can you let me know what went wrong? Was it a poor barrister? What did judge say?

Thank you arsi for your kind remarks.
Judge said in decesion that applicant should have provide the bank letter and why third party did not tranfer the money in applicant account.
Barristor was quite good and HO barristor did not argue much,but unfortunaely judge made her mind for HO.
althoug i provide a letter from bank which clearly stste that '' the bank can not provide such letter'' upon that letter judge wrote '' letter provided after refusaland i did not inform this to HO.
really upset as this leter is no mre required in new changes but judge still stick on that.

[TSAZ]

@TSAZ
I am really sorry to hear that, actually your hearing was before the introduction of new changes. Unfortunately the judge looked a bit harsh on you as well. But believe me you will definitely win your case in upper tribunal. Is your representative a barrister?? and was this the only reason of refusal??

Thank you mkd1234 for your remarks.
I am going to upper tribunal.Inshallah will win there.
my representative was barrister.and i had only one refusal reason,that was bank letter issue.
Judge already made her mind and was stickon letter issue,she wrote in decesion that i have tofulfil HO requirment by providing letter as well.
goshhhh

[mkd1234]

This is not fair what so ever, Y the money should have been transferred in your account, where does it say in the policy guidance?? The judge should know that it cost money to get it transfer and then again transfer over to your home country in any unfortunate event. And by the way what's the guarantee after that you will get visa. They are really missing about.

[mkd1234]

The other reason is how come some one(third party) will let you transfer the money when you don't have the relevant valid visa. You have to assure them that look I have the permission to do the business in U.K now and then that contract between you and third party comes into effect.

Anyway all the best in upper tribunal, but again this decision was made blindly.

[Cvc]

I 100% agree with mkd1234, how come third party would transfer the money into application account if he/she doesn't have valid visa either it's not been mentioned any where in policy guidance. I think judge took into a wrong. She didn't read the case properly. You will definitely win at Upper Tribunal. All the best.

[sabuj263]

I knew HO was unpredictable now FTT behaving same way.
Sorry for you mate.

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xx

[TSAZ]

I 100% agree with mkd1234, how come third party would transfer the money into application account if he/she doesn't have valid visa either it's not been mentioned any where in policy guidance. I think judge took into a wrong. She didn't read the case properly. You will definitely win at Upper Tribunal. All the best.

Hi
you are right.
Does anybody went to upper tribunal yet?

[RizKCB]

I am really sorry to hear that

I thought your case and mine case were similar and i won the appeal so i was hoping that you will also win it 100%. Can you let me know what went wrong? Was it a poor barrister? What did judge say?

Thank you arsi for your kind remarks.
Judge said in decesion that applicant should have provide the bank letter and why third party did not tranfer the money in applicant account.
Barristor was quite good and HO barristor did not argue much,but unfortunaely judge made her mind for HO.
althoug i provide a letter from bank which clearly stste that '' the bank can not provide such letter'' upon that letter judge wrote '' letter provided after refusaland i did not inform this to HO.
really upset as this leter is no mre required in new changes but judge still stick on that.

Sorry to hear.
Did HO contacted you to provide any related doc before decision? Did your bank letter was dated before your application made?

[waqasashra1]

I 100% agree with mkd1234, how come third party would transfer the money into application account if he/she doesn't have valid visa either it's not been mentioned any where in policy guidance. I think judge took into a wrong. She didn't read the case properly. You will definitely win at Upper Tribunal. All the best.

Hi
you are right.
Does anybody went to upper tribunal yet?

Yes I won my appeal in upper tribunal.
Same refusal.my name was not on third party bank statement.

[waqasashra1]

I 100% agree with mkd1234, how come third party would transfer the money into application account if he/she doesn't have valid visa either it's not been mentioned any where in policy guidance. I think judge took into a wrong. She didn't read the case properly. You will definitely win at Upper Tribunal. All the best.

Hi
you are right.
Does anybody went to upper tribunal yet?

Yes I won my appeal in upper tribunal.
Same refusal.my name was not on third party bank statement.

[arsi_315]

I am really sorry to hear that

I thought your case and mine case were similar and i won the appeal so i was hoping that you will also win it 100%. Can you let me know what went wrong? Was it a poor barrister? What did judge say?

Thank you arsi for your kind remarks.
Judge said in decesion that applicant should have provide the bank letter and why third party did not tranfer the money in applicant account.
Barristor was quite good and HO barristor did not argue much,but unfortunaely judge made her mind for HO.
althoug i provide a letter from bank which clearly stste that '' the bank can not provide such letter'' upon that letter judge wrote '' letter provided after refusaland i did not inform this to HO.
really upset as this leter is no mre required in new changes but judge still stick on that.

I am really sorry to hear that, Mayb it depends on judges because i didnt even give her any kind of letter from the bank that "bank cant give letters" regarding that matter. The thing is she also mentioned in her decision that i was given no proof from applicant that bank is saying this but still I am really greatfull to Almighty Allah that the judge decided in my favor against all odds. I just hope that you win in the upper tribunal.. If you have any question please do not hesitate to ask. I am very upset with HO.. Wait is all we can do i guess

[TSAZ]

I 100% agree with mkd1234, how come third party would transfer the money into application account if he/she doesn't have valid visa either it's not been mentioned any where in policy guidance. I think judge took into a wrong. She didn't read the case properly. You will definitely win at Upper Tribunal. All the best.

Hi
you are right.
Does anybody went to upper tribunal yet?

Yes I won my appeal in upper tribunal.
Same refusal.my name was not on third party bank statement.

Thanks waqas for your reply.can you explain more how was your hearing in upper tribunal and what evidence did you take with you.it will be great help for me and others.
Thanks in advance

[TSAZ]

I am really sorry to hear that

I thought your case and mine case were similar and i won the appeal so i was hoping that you will also win it 100%. Can you let me know what went wrong? Was it a poor barrister? What did judge say?

Thank you arsi for your kind remarks.
Judge said in decesion that applicant should have provide the bank letter and why third party did not tranfer the money in applicant account.
Barristor was quite good and HO barristor did not argue much,but unfortunaely judge made her mind for HO.
althoug i provide a letter from bank which clearly stste that '' the bank can not provide such letter'' upon that letter judge wrote '' letter provided after refusaland i did not inform this to HO.
really upset as this leter is no mre required in new changes but judge still stick on that.

Sorry to hear.
Did HO contacted you to provide any related doc before decision? Did your bank letter was dated before your application made?

Hi,HO did not contact me and after my refusal I tried to get letter from bank and bank wrote that they can't write such letter,which submitted in appeal but judge said that letter is after refusal and does not fulfil ukba requirement

[top]

following guidance there has to be something that an applicant provides that there are money from this party available for me.. providing a bank letter is one of those things an applicant should provide you couldn't.. not because banking system does not recognize it.. fair enough... ma question to you is.. what did you provide from third party as to show that there are money there available for you? its affidavit or a declaration from third party most of the times what was in your case please?

as you mentioned judge also mentioned that the money said to be available have not yet been transferred into your account.. it can only be said in a situation where an applicant does not provide any evidence from third party at all for judge point of view there is not any other way an applicant can prove money to be available apart from being transferred into his or said business account because again no documented evidence from third party..

sorry you already broken-heart but if you had provided a least document from third party stating money available to you or business(this is not a letter that bank says that bank cannot write your request) you will win your next appeal because the last appeal being dismissed is not in accordance with law...

[TSAZ]

following guidance there has to be something that an applicant provides that there are money from this party available for me.. providing a bank letter is one of those things an applicant should provide you couldn't.. not because banking system does not recognize it.. fair enough... ma question to you is.. what did you provide from third party as to show that there are money there available for you? its affidavit or a declaration from third party most of the times what was in your case please?

as you mentioned judge also mentioned that the money said to be available have not yet been transferred into your account.. it can only be said in a situation where an applicant does not provide any evidence from third party at all for judge point of view there is not any other way an applicant can prove money to be available apart from being transferred into his or said business account because again no documented evidence from third party..

sorry you already broken-heart but if you had provided a least document from third party stating money available to you or business(this is not a letter that bank says that bank cannot write your request) you will win your next appeal because the last appeal being dismissed is not in accordance with law...

Hi,
I have provided two letters at the time application in August 2012 of third party.
1:declaration letter from third offering me money to invest in uk.
2: a solicitor letter confirming the validity of signature of third party.

Only bank letter from third party mentioning applicant name on was not provided
During the hearing judge admit that third party declaration letter included all specific info.
But again in decesion she stick on bank letter issue.

[top]

let me tell you then upper court will not uphold lower court determination because it is not in accordance with law.. hope upper court admits your appeal and allows...

thanks..

[TSAZ]

let me tell you then upper court will not uphold lower court determination because it is not in accordance with law.. hope upper court admits your appeal and allows...

thanks..

Thanks Top for your kind words.
I hope as well inshallah I will win and come out from this uncertain situation

[TSAZ]

let me tell you then upper court will not uphold lower court determination because it is not in accordance with law.. hope upper court admits your appeal and allows...

thanks..

Thanks Top for your kind words.
I hope as well inshallah I will win and come out from this uncertain situation

And also its(bank letter) no more required in new changes in rules.hope this will help as well

[top]

believing the fact that you cannot(which you couldn't) provide something that cannot be provided so that is the strongest argument to put forward then ask your lawyer to get and gather case references where same or similar appeals allowed before yours...

your case will be seen according to rules applied at the time of application however your lawyer should argue because a demand to have a bank letter cannot be fulfilled Border agency has realized that is why it is no more a part of policy...

hope above helps..