LONG RESIDENCY REFUSAL AND APPEAL date given after 18 months

[hussy7177]

hi folks

i came uk in 2006 as a student, i did my diploma and in 2008 i applied for IGS which i successfully got it for a year and then extended it for another year as PSW.
In 2010 i applied for tier 1 general i showed my back home employement and submitted bank statement,employers letter and other doc, HO refused my application saying i they couldnt verify my bank statement hence they said i have used forge document they refused with the right of appeal. i appeal FTT and the judge allowed my appeal saying HO doesnt have sufficient proof to call my statement forge so he allowed my appeal and subsequently i got a tier 1 general visa in sep 2013.

i applied my ilr jan 2016 bigining of this year i got the acknowledgement after a week my biommetrics came along. Exactly after six month i recieved the refusal letter saying because I USED FORGE BANK STATEMENT IN MY TIER 1 APPLICATION we refuse your visa with the right of appeal
Now question is can HO make the decision again which was already decided by an immigration Judge in 2010?
and why did they gave me the tier 1 one first place why didnt they appealled againt me then?
i have a bussiness that i have been doing from past 2 years and have paid nearly 15k to hmrc in taxes as well as got friends and relatives they have not also taken that into consideration As my private life.more over they have kept my passport and brp .

guys i look forward to your opinions and question and comments please if some one is going through the same situation or somone who you know has won the appeal with legal arguments and please advise me so

kindest regards

[vinny]

Ask them to provide positive proof, as previously required by the FTT's decision, that the bank statement was forged. Get futher confirmation from your bank that the statement was genuine.

See also Mubu and others (immigration appeals - res judicata) Zimbabwe [2012] UKUT 398 (IAC) (24 October 2012).

[Wanderer]

Were the bank statements forgeries?

[iworker]

did u give tax on the amount that you showed to get initial tier 1? It was earnings abroad, but u still had to give tax on them as you were domiciled here

[longhorn]

The facts of the case were already established during First Tier's decision. If the HO didn't appeal against FTT's decision and issued you the visa, they should not refuse you on the same grounds again unless though highly unlikely some new evidence has emerged since then that proves on the balance of probabilities that your bank statements were forged. I personally don't think that you need to provide any further supporting document from bank to prove that your bank statements were not forged because the facts were already established during your appeal. Also, unless HO have raised any other issues, just focus on the reasons of refusal.

I would advice you to speak to a good solicitor and appeal against it.

[hussy7177]

thank you ever so much for your replies.

@wanderer NO bank statement wasnt forged it was a saving account i used to be an overseas director of a firm back home and i used my employers letters as well as letter from the bank.

now the BIG QUESTION is since 2010 when my appeal was allowed i closed my bank account back home thinking its all sorted now that they have raised the bank issue again i feel like i am in a hot waters again .

if kindly board memebers advice shall i just stick to the argument that why didnt HO challenge the FTT why after 6 years now?
or get fresh evidence which i dont know what evidence they want from anywhere to prove my point again which i proved it in 2010 in front of FTT judge.

P.s Guys kind you be kind enough if you could send me the link of successful judgements or cases similar to mine

kindest regards

[hussy7177]

hi guys this is the second time i am posting my story purely because i really need your valuable help
i was on tier 1 general and i applied for long residency exactly after six months they refused my ilr 322(2) saying my bank statement in tier 1 general was forged in 2010.i appeal then and ftt judge allowed my appeal saying my docs are all fine,
now after six years they have refused my application again on same grounds and i have not recieved my passports and brp card my leave is valid until september 2016
neither does the refusal letter mention about the curtailment of my leave i have lodged the appeal last friday four days after recieving the refusal but i have not recieved my passports and brp .
can you guys please advice i am fighting this case on my own i have asked someone to make the grounds for appeal and prepare the bundle.

any feedback will save my career

bundle of thanks

[vinny]

M.

[Obie]

Were the bank statements forgeries?

There has been a finding of fact that it was not. The Secretary of State did not appeal that, and issued a document. As vinny stated, unless new evidence has emerged which was unavailable at the time of the hearing, they cannot as a matter of law bring up the matter again.

[longhorn]

I have already said this and I am repeating it again here. The facts of the case were already established during your appeal. The judge ruled that your documents were not forged. HO didn't appeal against the decision which simply means that the accepted the established facts and didn't find any error in the law in FTT's determination. They can not refuse you on the same grounds again unless though highly unlikely some new evidence to support their claim has emerged. Arguably, Your solicitor doesn't need to go in the details proving that the documents you submitted were genuine. He only needs to refer back to your previous determination and state that the facts of the case have already been established and the decision to refuse now is wrong in fact and in law. Hope this helps.

[hussy7177]

hi guys since the refusal couple of weeks ago i lodged the appeal against the decision i thought refusal was the worse thing ever but now just found out since my leave expires next month i wont be able to get cover under
3c and 3d.
i have met two three barristers all three saying diffrent things about moving forward.
but the general consensus is on putting a fresh new application just before my visa expires so that whilst the decision comes through i will be on 3c or 3d leave.
rthe barrister i met today his advised was quite unique and he looked at my case and goes i have 90 percent of chances that i will win in judicial review as i was granted tier 1 visa after ftt judge allowed my appeal in 2013 and they refused my set lr again on same grounds 322(2) (discretionart refusal)
and since the FTT judges there jurisdiction is only to decide weather the decision is against human rights which in my case i dont have family or kids here but i have been living and running my bussiness since past 10 legally he strongly suggested me to apply for judicial review within three months.

i am really mentally exhausted dont know where to go from here i was led to believe by my solicitor that we have appealled the decision and untill the appeal gets heard im legal here( overly simplistic and common approad) but since the rights of 3c and 3d changed once my visa expires i wont be able to stay on 3c or 3d if i dont make a fresh application.

please folks your advices and comments will really be appreciated

regards

[hussy7177]

hi halifax i am in a exactly same situation
my set lr was refused before my current leave expired i have lodged the appeal against the decision i have also been to professional barristers and evryone is saying to make a fresh application since my tier 1 general visa was granted in 2013 which was valid untill sep 2016 can i apply for an extension?
second thing if my extention gets refused will i be on 3c or 3d and wait untill my set lr appeal is heard and determined?

thanks halifax and obie your comments will be much appreciated

[Obie]

Why was SET LR Refused?

[vinny]

See also Section 3C leave does not always protect during appeals.

Did you appeal or ask for a reconsideration?

[hussy7177]

hi guys since the refusal of my set lr couple of weeks ago i lodged the appeal against the decision i thought refusal was the worse thing ever but now just found out since my leave expires next month i wont be able to get cover under
3c and 3d.
i have met two three barristers all three saying diffrent things about moving forward.
but the general consensus is on putting a fresh new application just before my visa expires so that whilst the decision comes through i will be on 3c or 3d leave.
rthe barrister i met today his advised was quite unique and he looked at my case and goes i have 90 percent of chances that i will win in judicial review as i was granted tier 1 visa after ftt judge allowed my appeal in 2013 and they refused my set lr again on same grounds 322(2) (discretionart refusal)
and since the FTT judges there jurisdiction is only to decide weather the decision is against human rights which in my case i dont have family or kids here but i have been living and running my bussiness since past 10 legally he strongly suggested me to apply for judicial review within three months.

i am really mentally exhausted dont know where to go from here i was led to believe by my solicitor that we have appealled the decision and untill the appeal gets heard im legal here( overly simplistic and common approad) but since the rights of 3c and 3d changed once my visa expires i wont be able to stay on 3c or 3d if i dont make a fresh application.

please folks your advices and comments will really be appreciated

regards

[Casa]

There's no need to continually repeat the same post. You haven't yet replied to the advise that Vinny has posted for you.

[noajthan]

Posts merged.

No need for multiple posts.

[hussy7177]

Hi obie I have read this about the right of appeal and 3c doesn't cover when ur current leave it valid until your visa expires.
And hafilax they have refused my set lr because they think I had used forge bank statement during tier 1 in 2010, which then was also refused on same grounds and I appealed against the decision and ftt judge allowed my appeal and then in 2013 they gave me tier 1 which was valid until 3rd sept 2016, in the refusal I have not received my passports or any directions that my visa is not valid or gone revolved or leave is curtailed just a normal refusal with 322(2) discretionary refusal with the right of in country appeal.
I'm not sure what to do now in order to stay legal and not over stayer until the court decision .
Please guys see if you can navigate me
P.s Halifax is your appeal still in pending and after your extension refusal your didn't appeal against that did u.

Cheers

[hussy7177]

And yes vining I have read this article as well and I know I'm not currently covered under 3c if they have not curtailed my leave.
And as far as reconsiderations is concern I don't qualify for it since I have been given right of appeal.

Kindest regards.

[hussy7177]

See also Section 3C leave does not always protect during appeals.

Did you appeal or ask for a reconsideration?

Yes funny I have lodged the appeal already and my tier 1 visa is going to get expired on 3rd September .
I'm planning to put the same set lr application that's what I been advised what do you think or shall I put some other application to buy the time under 3c until my appeal hearing ?
Kindest regards

[Obie]

Hi obie I have read this about the right of appeal and 3c doesn't cover when ur current leave it valid until your visa expires.
And hafilax they have refused my set lr because they think I had used forge bank statement during tier 1 in 2010, which then was also refused on same grounds and I appealed against the decision and ftt judge allowed my appeal and then in 2013 they gave me tier 1 which was valid until 3rd sept 2016, in the refusal I have not received my passports or any directions that my visa is not valid or gone revolved or leave is curtailed just a normal refusal with 322(2) discretionary refusal with the right of in country appeal.
I'm not sure what to do now in order to stay legal and not over stayer until the court decision .
Please guys see if you can navigate me
P.s Halifax is your appeal still in pending and after your extension refusal your didn't appeal against that did u.

Cheers

You could make a Human Right Application, and if they refuse and certify it, you can say that it is abuse of process , as you have a current appeal under Human RIght pending, and they cannot refuse your new claim and certify it, for the purpose of denying you a right under Section 3C.

If they refuse the extension and invalidate it, then you can challenge that there action amount to an abuse of process, and they have already confirmed that you have settled status.

[hussy7177]

Hi obie I have read this about the right of appeal and 3c doesn't cover when ur current leave it valid until your visa expires.
And hafilax they have refused my set lr because they think I had used forge bank statement during tier 1 in 2010, which then was also refused on same grounds and I appealed against the decision and ftt judge allowed my appeal and then in 2013 they gave me tier 1 which was valid until 3rd sept 2016, in the refusal I have not received my passports or any directions that my visa is not valid or gone revolved or leave is curtailed just a normal refusal with 322(2) discretionary refusal with the right of in country appeal.
I'm not sure what to do now in order to stay legal and not over stayer until the court decision .
Please guys see if you can navigate me
P.s Halifax is your appeal still in pending and after your extension refusal your didn't appeal against that did u.

Cheers

You could make a Human Right Application, and if they refuse and certify it, you can say that it is abuse of process , as you have a current appeal under Human RIght pending, and they cannot refuse your new claim and certify it, for the purpose of denying you a right under Section 3C.

If they refuse the extension and invalidate it, then you can challenge that there action amount to an abuse of process, and they have already confirmed that you have settled status.

thanks ever so much obie for the replying waiting to see any response.
right , can i not make the same set lr application with fresh new supporting documents and similar judgements from upper tribunal appeals allowed( very very much similar to my case) or do i human rights application will be better?

kindest regards

[hussy7177]

hi guys i hope i will get the reply from the experts from tomorrow.
i have read about the curtailments through the guidance and my understanding when someone is alleged for 322(2) they normally curtail the leave.
they have given me the right of appeal(which i have already appealed) does that mean they have curtailed my visa(valid until 3rd september 2016) ?
please help guys.

[hussy7177]

As i posted previously last year about my set lr refusal decision which i appealed and now i have been given the date of my hearing i would be grateful if any of the experts or people in similar situation can guide me through

they have revisited/re-litigated the issue which was once challenged and successfully settled in 2012 and now yet again home office have refused my indefinite leave to remain last year july on the same issue of bank statement.
i have just received the bundle from office office and it does have the old verification report dated 2010 when they first refused my tier 1 general visa and the decision was appeal successfully and eventually i got tier 1 general visa in 2013 for 3 years,i completed my 10 years before my tier 1 visa ran out so i applied for long residency and home office refused my application and confiscate my passports and my brp card.

my question to all respectable members is the refusal is based on to the verification reports dated august 2010 before they refused my tier 1 visa the evidence which they didnt brough during the hearing and judge allowed my tier 1 appeal,can they used the same evidence again for my indefinite after 6 years?

my appeal hearing date is 8th of december i would really appreciate if anyone can help me with similar cases/caselaws/ or guidance so that i can fight my case,i have been a resident for united kingdom for 12 years and i came here during my teenage,for me its really Paramount important to get best-est advice,
please feel free to ask me any questions anything.
thanks for reading my post and i look forward to hear from the members.

[hussy7177]

Hi moderators,
Can Obie or vinny or any other moderators can share some knowledge regarding my case.
Thanks