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Court proceedings

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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pakhtoon77
Junior Member
Posts: 72
Joined: Mon Dec 30, 2013 9:52 pm

Court proceedings

Post by pakhtoon77 » Sat Mar 08, 2014 3:24 pm

Hi everyone, I have a very basic query regarding the court proceedings as its seems a dilemma...
By speaking to a number of friends and reading peoples experiences here at this forum I have become more perplexed then before regarding a standard guidelines for courts because...
1 if someone visa is refused for a straight forward reason abc... then how come the HO rep start asking questions about xyz.
some people says that the HO rep only discussed the refusal reason and did not go beyond that and in some cases even if he wanted, the judge did not allowed him, while in other cases, HO rep deviated from the refusal points and start interviewing the appellant. this is extremely unfair...how on earth can the judge allow him to do so. In most cases if HO don't have much to defend against a stupid decision by case worker...he deviate from original point.
2 Can our solicitor stop the HO rep for deviating from the refusal point/points.( I have even heard of people who says the judge started asking him questions too)
That's not how it should have been. what are your opinions about this v important dilemma since it will help others who are going through courts in near future...

Princess of Ammi
- thin ice -
Posts: 298
Joined: Tue Dec 03, 2013 2:33 pm

Re: Court proceedings

Post by Princess of Ammi » Sat Mar 08, 2014 4:00 pm

yeah This should not be happening specially Judges should not let HOPO do when they do it, and sometimes judges stop HOPO when appellant's lawyer intervenes explaining this to be either inappropriate or irrelevant, that a lawyer should do for appellant defense.
there may be grounds where Judges let HOPO ask further or additional questions because of an established reason or linked question to refusal points that could possibly clarify the situation in such a situation as this judges do not mind and let HOPO for their things.

if a CAR was missing got everyone together in court is not a solid ground in which HOPO should be allowed for further questioning or bringing additional grounds in, being refused on general grounds or so called entrepreneur test off course there is going to be a debate, arguments and cross questionings which in fact works for appellant as an opportunity to prove decision to refuse this application was wrong.
thanks,

pakhtoon77
Junior Member
Posts: 72
Joined: Mon Dec 30, 2013 9:52 pm

Re: Court proceedings

Post by pakhtoon77 » Sun Mar 09, 2014 1:51 pm

THX, pri,
I have asked this question specifically from my solicitor that IS HO REP ALLOWED TO ASK ME ANYTHING NOT RELATED DIRECTLY WITH THE REFSAL POINTS and he says yes.. however my other friend who have just been through court says that his Barrister had told him that if HO rep tried to deviate from the ref point, he will intervene. and yes the HO did not ask him anything and in less then 10 mins he won his straight forwards case......
so that clearly shows double standards or infact no standards in court procedure

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