Is it important to challenge HO decision (file JR) while Appeal hearing is pending?

[surajid]

Hi Admins/Gurus,
I entered UK in 2008 as student and switched to Tier 1 G on 2011, applied Set O (ILR) and got rejected for Tax Amendment. AR also -ve. Then stayed under FLR-FP for 4 weeks and completed 10 yrs. Then went for PEO for SET-LR. ILR not granted but HO allowed me for my right to Appeal. Appeal is filed. Now, my question is it a good (necessary) to challenge HO decision i.e. file the JR while the Appeal is pending?
Some people argues that if we don't challenge the HO decision (via JR) that means we are accepting the HO decision which will be raised by HO reps in Appeal hearing. Is it true?
Thank you

[monty87]

Why did you have to amend your tax return? What was your explanation? The problem here is that all subsequent application will be effected if refused under general grounds of refusal previously as per immigration rules so Presenting officer, to some extent, will use this ground in appeal. If you do not challenge 322(5), you are accepting the refusal.

In my opinion, it is important to judicially challenge paragraph 322(5) in court. It may be expensive and difficult to fight at both fronts but it is worth it. It also depend on case merit and your credibility in order to be successful in appeal with or without 322(5) proceedings in the upper tribunal.

[zimba]

Why do you want to go for JR while you have appeal rights ??? Follow with your appeal and try to make a case for your tax amendments

[surajid]

Why did you have to amend your tax return? What was your explanation? The problem here is that all subsequent application will be effected if refused under general grounds of refusal previously as per immigration rules so Presenting officer, to some extent, will use this ground in appeal. If you do not challenge 322(5), you are accepting the refusal.

In my opinion, it is important to judicially challenge paragraph 322(5) in court. It may be expensive and difficult to fight at both fronts but it is worth it. It also depend on case merit and your credibility in order to be successful in appeal with or without 322(5) proceedings in the upper tribunal.

Thank you monty87. That’s what I think as well to challenge the 322(5). But at the same time the option from zimba88 is also makes a sense “Why JR” while “Appeal Right” is there.
This is somewhere I’m in between.

[surajid]

Why do you want to go for JR while you have appeal rights ??? Follow with your appeal and try to make a case for your tax amendments

Thank you zimba88. As monty87 mentioned above, some of my advisor gave the same logic to challenge the HO decision as the HO lawyer most likely raise the point that not challenging HO decision means accepting it.

[doubledee]

Why do you want to go for JR while you have appeal rights ??? Follow with your appeal and try to make a case for your tax amendments

Thank you zimba88. As monty87 mentioned above, some of my advisor gave the same logic to challenge the HO decision as the HO lawyer most likely raise the point that not challenging HO decision means accepting it.

From what I know, your LR appeal is only based on human rights considerations. As you mentioned that you are currently on FLR(FP), do you have any british children/spouse? If yes, there is a great chance of your appeal being successful on human rights grounds alone (irrespective of the tax situation).

[surajid]

[quote=surajid post_id=<a href="tel:1618780">1618780</a> time=<a href="tel:1523031755">1523031755</a> user_id=138686]
[quote=zimba88 post_id=<a href="tel:1618206">1618206</a> time=<a href="tel:1522915265">1522915265</a> user_id=112850]
Why do you want to go for JR while you have appeal rights ??? Follow with your appeal and try to make a case for your tax amendments

Thank you zimba88. As monty87 mentioned above, some of my advisor gave the same logic to challenge the HO decision as the HO lawyer most likely raise the point that not challenging HO decision means accepting it.
[/quote]

From what I know, your LR appeal is only based on human rights considerations. As you mentioned that you are currently on FLR(FP), do you have any british children/spouse? If yes, there is a great chance of your appeal being successful on human rights grounds alone (irrespective of the tax situation).
[/quote]

Thank you doubledee, none of my family members are British/EU. My 2kids are all under 3 years.
My main concern is: is there any harm on going JR while Appeal is on its way?
One solicitor suggests to file the JR while another one says I’m putting myself in danger filing the JR.
But he has no explanation on why it is danger doing so?
Very much confused!!

[donny123]

Hi Surajid, I completely understand your situation, but I will advise you to stay with appeal as zimba advised you, the reason I am telling you to stay with appeal because there is more chances to get success than judicial review and that’s not right that you have to do JR, if I am in your situation I would that.

[surajid]

Hi Surajid, I completely understand your situation, but I will advise you to stay with appeal as zimba advised you, the reason I am telling you to stay with appeal because there is more chances to get success than judicial review and that’s not right that you have to do JR, if I am in your situation I would that.

Thank you for your valuable suggestion donny123.