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My appeal against first tribunal decision

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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akas83
Newbie
Posts: 36
Joined: Wed Jan 14, 2015 1:27 am
Mood:
Bangladesh

My appeal against first tribunal decision

Post by akas83 » Wed Jan 14, 2015 11:35 am

Hi,

I had my First Tier tribunal back in November 2014 which was dismissed by the pre determined judge . If there was any logic behind his decision or if he had heard what i have to say, then I would have given up, instead I am looking for a fair trial now -

1) I did not get a single chance to speak nor my lawyer to present my case
2) Every answer I gave to his question, either he laughed out loud or mocked my answer or asked another question aggressively
3) For some reason he was very rude to me and talked to me very aggressively, at the end I got so nervous that I started mumbling, did not know what to say TBH
4) One question was like this - you provided service to one of your clients xxx back in 2012, what was the laptop model number, I said I have worked with many laptops, I have an IT job, I cannot remember what laptop I personally used back in 2012, so how come this is going to prove my innocence, he said aggressively to answer his question which was wrong and then in his decision he said he asked about my service and I could not answer !

I need to appeal against this decision, I have been given to appeal against this decision, but the problem is UT works in different way and they need error of law to grant this appeal, so my question is how i can do this? I need a good lawyer to prepare this which I am looking for - any advice please ?

Many Thanks

johndoe789
Junior Member
Posts: 84
Joined: Wed Nov 07, 2012 11:21 am

Re: My appeal against first tribunal decision

Post by johndoe789 » Wed Jan 14, 2015 4:59 pm

I am in the same boat like yours. The HO rep asked me very silly questions same as when enemy is fighting in the open place when the soldiers come they create a lot of smoke to hide themselves.

What is your time line and who is your solicitor?

akas83
Newbie
Posts: 36
Joined: Wed Jan 14, 2015 1:27 am
Mood:
Bangladesh

Re: My appeal against first tribunal decision

Post by akas83 » Thu Jan 15, 2015 12:46 am

Applied in June 2013
Refused: March 2014
Hearing: Sept 2014
Appeal disallowed:Oct 2014
Currently waiting for UT court's hearing date

xxxxx Solicitors, not really impressed with their ability to defend a client. What about urs ?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: My appeal against first tribunal decision

Post by Obie » Thu Jan 15, 2015 4:10 pm

If there was unfairness in the hearing, and procedural impropriety of the kind you mentioned.

That is an error of law within the meaning of R (Iran)
Smooth seas do not make skilful sailors

akas83
Newbie
Posts: 36
Joined: Wed Jan 14, 2015 1:27 am
Mood:
Bangladesh

Re: My appeal against first tribunal decision

Post by akas83 » Fri Jan 16, 2015 1:44 am

Many Thanks for your reply. But it will be very difficult to prove error of law at the court without any concrete evidence, I guess.

Can I launch a new application while I am waiting for my appeal please? Thanks

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: My appeal against first tribunal decision

Post by Obie » Fri Jan 16, 2015 10:15 am

No you can't lodge a new application as section 3C is engaged.

If the judge was rude and ridiculing you , then it is an error of law .
Smooth seas do not make skilful sailors

Sohail Alvi
Junior Member
Posts: 50
Joined: Sat May 24, 2014 11:09 pm
Pakistan

Re: My appeal against first tribunal decision

Post by Sohail Alvi » Sat Jan 17, 2015 7:52 pm

hi akas83
will you please send me your number as i want to know about xxxx solicitors as i m in process of appeal with them. Please reply.

thanks

akas83
Newbie
Posts: 36
Joined: Wed Jan 14, 2015 1:27 am
Mood:
Bangladesh

Re: My appeal against first tribunal decision

Post by akas83 » Mon Jan 19, 2015 11:20 am

thanks for the replies guys.

One more question - Can I show my travel allowance as income if i have paid tax on it, please?

Obie- So I have to withdraw my application before applying for a new one then.

Sohail - I have PM ed a message to u.

Thanks

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