Appeal allowed but HO appealed against the decision

[hammad ahmad]

Hi I need urgent advise,

I applied for tier 1 £50,000 route in March 2014

Visa Refused because the funds were not in the available on the same date. One statement date was 17th March 2014 £ 25000 in UK and other dated 19th March £ 25000 in Pakistan Bank.

I applied visa on 26th March

The refusal was that funds were not available on the same date.

We proved in court and appeal allowed

Received letter today HO challenged the decision in UPPER TRIBUNAL

Please advise what are my chance of success

Please urgent

[hammad ahmad]

please seniors advise kindly

[Rockey]

My friend definatly you will win my friend , just be patient. Because there is no point of refusing your visa.. I am 100% sure you will win finally if its only point of refusal...
Just one query to know that did you receive any exceptional complex letter before refusing of visa?
Wish you good luck.

[hammad ahmad]

Thanks for your reply

I did not receive any such letter or any other letter from the home office, I got straight refusal.

No other refusal points

The judge allowed the appeal and i also explained my circumstances as I had a major operation few days before applying for my visa. All hospital records were shown along with bank statements. it was just a silly mistake.

The funds are still available

Waiting to know if the first tribunal will allow the HO to the upper tribunal

[saf84]

i am somehow in same situation received letter from tribunal that HO wants to challenge the decision in UT on 26 September 2014 but still waiting ...
anyone knows how long roughly it takes??

[Olasunkanmi]

@ hammad ahmad, your case should also be a straightforward win at the Upper Tribunal if Home Office doesn't come up with other points during the course of the appeal. Just make sure you are following the rules of active trading to show that you are indeed a genuine entrepreneur.

[hammad ahmad]

@Olasunkanmi, Do you think that the FTT will allow Home office appeal to go to upper tribunal? As you said that the home office can raise other issues can that be during the hearing or after the hearing. I still have the money can I start investing. I need to do some marketing and buy a laptop.


Regards,
Hammad

[aiza78601]

they cant raise other issues,they can challenge only where ist judge erred in law

[saf84]

FTT allowed home office to appeal in upper tribunal and the reason they gave is i haven't provided English language and Like in UK requirement but i have already submitted my Life in UK result and my MSc degree from UK
Can anyone advice what should i do now ?
Do i need to pay more fees for upper tribunal hearing for no reason or is there any chance my case can b sort out without hearing?
Plz advice..

[aiza78601]

if permission granted only on english+life uk test then they cant raise other issue,they will argue only on specific point as permission granted only on these two issue

so u said u already submitted both certificates then u will be fine

lol i tell u one funnny thing my appeal is on 14th november so for preparing my appeal and just to get idea what could be ask in appeal i read more then 2000 upper tribunal full decision which is listed on web site,so in most cases when any party try to put new evidence or raised any other issue,upper tribunal refused to listen because they said permission was not given on this ground so we will only hear specific point

[Rockey]

Hi Aiza,
Wish you good luck for your upcoming hearing , defiantly you will win.

Can I request you from which website did you find lower Tribunal/upper tribunal full decisions questions and answers which is listed on web site, I need it badly.
I hope you will let me know the link..

Thanks in advance

[saf84]

Thanks Aiza
do u have any idea about the upper tribunal fees and barrister fees ?

[aiza78601]

thanks i m very upset for my hearing


https://tribunalsdecisions.service.gov.uk/utiac

there are about 4000 upper tribunal full decision u can read any one

hope its help

cases started with AA ARE ASYLUM DECISION
IA ARE IN COUNTRY(NON ASYLUM)
OA OUT OF COUNTRY NON ASYLUM

also there is one option of ENTER YOUR SEARCH TERMS then put ur search word like if u want to read student decision then put tier 4 it will give u full tier 4 hearing decison etc

sorry dear i really dont know about fee as i got legal aid free lawyer,hope some one else who paid for lawyer might be able to explain about fee

i wish both of u good luck,also pray for my hearing

[aiza78601]

these are upper tribunal decision ,ist tier decision are not available for public

[saf84]

Thanks alot Aiza n very best luck for ur hearing

[saf84]

hello Aiza

how was your UT appeal yesterday?
Plz share your experience.. as i have received UT hearing date and its in 15 days

[aiza78601]

i went to ist tier tribunal yesterday

a female judge heard my case
po cross examine me and my husband and asked 7 or 8 question to me and same to my husband

i submitted court paper and ho alleged these are forge,my lawyer argue we have discharge our burden now its on home office to give evidence if my docs are forged
judge was writing everything
judge also asked few question for her clarification

she said in the end,thnks for coming i will give my decision in two weeks

[hammad ahmad]

Hi, Please can someone tell me how long does it take for the First tier tribunal to allow/ dismiss the appeal for upper tier tribunal. My appeal was allowed but home office appealed for upper tribunal. Its been more than a month now and I still have not heard any news.

Very worried if the judge allows the home office to appeal at upper tribunal.

Kind regards,

[hammad ahmad]

Hi, Please can someone tell me how long does it take for the First tier tribunal to allow/ dismiss the appeal for upper tier tribunal. My appeal was allowed but home office appealed for upper tribunal. Its been more than a month now and I still have not heard any news.

Very worried if the judge allows the home office to appeal at upper tribunal.

Kind regards,

[saf84]

@ hammad
mine took almost one n half month n HO gt permission to appeal in UT.

[aiza78601]

my husband applied for permission to go to ut in july 2011 and granted in feb 2012 so its took near 7 months,so its can vary

[hammad ahmad]

I just received the decision from the FFT that home office is granted to appeal to the upper tribunal. My question is what are my chances of success now. I still have the required funds. The reason for my refusal was that I did not have access to £50,000 on the same date. I provided two statements one from the UK dated 17th March 2013 and one 19th March 2013 from Pakistan. Only one day 18th missing.

Can you guide me what steps I should take now? and chances of success

Regards,

[hammad ahmad]

The statements dates were 17th March and 19th march 2014 not 2013.

I have also read the new statements of changes for 16th Oct 2014. its says

Where multiple documents are provided they must show the total amount required is available on the same date.

Where as I applied on 26th March 2014. So I think this rule clearly was not present at the time of my application.

In my case this was not present. It was only mentioned that The funds should be disposable and should not be in the form of assets.

Seniors I will appreciate your response in this matter.

Plzzzz advice

[hammad ahmad]

Any one Plzzzzzzzzzzzzzzzzzzzzzzzz

[aiza78601]

i had my asylum appeal hearing on 14th nov,judge told me i will send determination within 2 weeks but its over 2 weeks i did not received determination
i also heard that tribunal no longer send determination for asylum appeals to applicant and their representative ,they send to home office and home office is responsible to serve the decision to applicant is it true?

any body get recent asylum appeal determination ,please share your experience