Dear, moderators, senior members kindly have a brief look and advice me.
October 2012:
Me and my team member both made a joint application for tier 1 entrepreneur in
March 2013:
Applications refused, each with 5 refusals (3 common & 2 separate for each applicant).
I appealed against the decision and my team member made fresh application, since his leave (visa), didn't expire at the time of refusal.
Whilst I was awaiting my hearing date, my team member again got refusals on fresh application & he also appealed against the decision since this time his existing leave was expired and was given right of appeal.
I got my hearing date: 5th of September 2013, while my team member had not got his hearing date.
On my hearing date my team member also went with me in court and barrister convinced the judge, that since one team member is having his hearing date today and second member is awaiting his hearing date to be announced, so it will be suitable to link both these appeals together and issue a new hearing date.
Judge was satisfied with the request and fresh hearing date was given as 5th of December for both team members.
5th of December 2013
Our appeals were heard together by same judge and 18th of December we received determination that " HO has made unlawful decision and that fresh law full decision should be made while applications remain outstanding". We received this determination in two envelops to each applicant but with exactly same wording.
10th of January 2013
HO refunded our appeal fees to both applicants.
16th of March
My team member received a letter from HO asking for original additional documents ( basically under the evidential flexibility law they requested the original documents which weren't sent with initial application.
Team member sent those documents with in 7days.
1st of April 2014 team member received his BRP and documents.
I have not received such letter from HO for any further documents, and this is really confusing me, if judge treated both appeals simultaneously and even judgment was exactly same then why did HO issue visa to my team member after asking for
documents and hasn't contacted me at-all for documents or issued my BRP.
I have consulted a solicitor and he said to me that probably after the court decision your both applications went to separate case workers, which is rare and that's why your case worker is slower and hasn't touched your application but your team members case worker was quick to response. He said to me that your case worker has his own view of your application and he can either ask for further documents or come up with new refusals. He also said that we can wait one more week and if your documents or any further request doesn't come from HO then he'll write letter to HO and will attach the photocopy of my team members BRP & the letter of issuance of visa which he received along with that letter, so that case worker could have a better idea about your joint applications and appeal process plus hopefully doesn't come back again with baseless refusals or at least this will speed up the process.
I am a silent user of this forum, I am sorry for explaining this in so detail but since I am going through this process from a long time and I really need a sincere and healthy advise that's why I had to explain the every single bit of my case.
Many thanks in advance for sparring your time to advice me something.
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