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Exhausted and withdrawn appeal hearing, refused ILR with no appeal rights

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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tvafsi
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Exhausted and withdrawn appeal hearing, refused ILR with no appeal rights

Post by tvafsi » Thu May 03, 2018 3:20 am

I’m single, came to UK at 2007 as a student, thn on psw. After psw my advisor put me on flr0 at dec 13 which led to asylum, the C3 leave expires after the appeal was exhausted at Dec 15, made SetLR(0) ‘Human Rights’ within 28 days refused with appeal right. By the time I get a date of hearing I completed 10 years, my advisor said I have to withdraw the hearing in order to apply for ILR, he made me call the IAC tribunal to ask for the date. The date released, as advised the ILR was applied (July 17) by day service with two withdrawal letters, one copy of the letter was sent with the application, another was given to me in an envelope with address written on top to post by royal mail service. This January 18, I receive a refusal with no appeal rights, I heard for the 1st time that I should leave the country. In response to PAP it shows that I am overstayer for the last 1 year and 7 months as I have withdrawn my appeal. My new representor asked the tribunal to reinstate the appeal as I was unaware of the consequences, but the tribunal has refused to reinstate my appeal without stating any reason. My Rep has written back to the tribunal asking for the reason why it couldn’t be reinstated now waiting to hear from them. By this time, the 3 months’ time for JR has lapsed, Making a JR wouldn’t be a good solution as my case isn’t very strong. Now, what I want from you guys, there must be some way to sort things out as in I was following my rep’s advise, I had no idea that withdrawing the appeal would make me an overstayer! I've always made applications on time! what do i do???

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CR001
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Re: Exhausted and withdrawn appeal hearing, refused ILR with no appeal rights

Post by CR001 » Thu May 03, 2018 8:42 pm

Kindly refrain from tagging your duplicate post onto other threads. This is your topic and when someone is online and can offer advice, I am sure they will.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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cyclina1
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Re: Exhausted and withdrawn appeal hearing, refused ILR with no appeal rights

Post by cyclina1 » Sat May 05, 2018 9:52 am

What's the reason you think you should seek asylum in the UK?

No surprise if your reinstate is rejected because you withdraw the appeal yourself, this just sent the message to HO (and court) that you also believe the ground of appeal is not strong thus withdraw the appeal. Not awrae the 3C leave would be terminated is also very weak reason because you instructed the solicitor, even they made such silly mistake on this, you are the one taking the consequence.

Now except that you have very very strong case present to the court that you cannot go back to the country of the origin or you are very likely being prosecuted or even life threaten......... using the same ground as you applied for FLR or SETLR(O) would not fly as you withdraw yourself, otherwise, the hope is very slim.

Unfortunately, you seem just "cash-milked" by your previous adviser.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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