Appeal not accepted in court

[aseefahmed]

Hi, my appeal not accepted by the court. The judge mention that she couldn't accept the documents we provided after the refusal according to the law. She also gave us a chance to mention if there any error of law regarding this.

Can any body please tell me whats the next step action we should take to go for upper tribunal or any suggestion will be highly appreciated.

thanks in advanced.

[saif009]

Hi,sorry to hear about your appeal not accepted in court. Can you please explain about time line of your application when did you Apply and have you got interview call or any letter for invitation ..what was your refusal points error of law depends on your application timeline..what is the reason that you didn't provide full documents with the Application..what documents you have given in Appeal.

[aseefahmed]

Hi,sorry to hear about your appeal not accepted in court. Can you please explain about time line of your application when did you Apply and have you got interview call or any letter for invitation ..what was your refusal points error of law depends on your application timeline..what is the reason that you didn't provide full documents with the Application..what documents you have given in Appeal.

We applied on 2nd Octobar, 2013.
Attend the interview on 26th February 2014.
Got refusal letter on 30th April 2015.
Our Hearing was on 10 January and got the hearing result on 7th February 2015.

The judge didn't accept any documents we provided after refusal.

We have been refused on the following Ground:

1. Caseworker has doubt on the money we have got.
2. He thought we don't have adequate experience to run a business.
3. He was not happy with the market research we have done.

any suggestion will be highly appriciated.

[saif009]

Well ...if you attend interview have they asked to provide addiontal evidence in relates to refusal ,if not then you can stick on eventual flexibility policy . At the interview letter if it says if you wish to submit addiontal evidence in support to your application will be considered . Check your interview letter it can be arguable .however, about experience if you have master degree and any professional membership ..related to your bussiness and experience it can be ok. If the money is in your account till the date you apply and on hearing day it will be helpful .. You can prove it with your statements how ever the objection about doubt is not end ...you need to prove it s my money and if you have invested little amount it will be helpful about addiontal evidence not accepted ..it depend on your interview letter and has the home office contacted to submit documents if they have doubt .

[aseefahmed]

Well ...if you attend interview have they asked to provide addiontal evidence in relates to refusal ,if not then you can stick on eventual flexibility policy . At the interview letter if it says if you wish to submit addiontal evidence in support to your application will be considered . Check your interview letter it can be arguable .however, about experience if you have master degree and any professional membership ..related to your bussiness and experience it can be ok. If the money is in your account till the date you apply and on hearing day it will be helpful .. You can prove it with your statements how ever the objection about doubt is not end ...you need to prove it s my money and if you have invested little amount it will be helpful about addiontal evidence not accepted ..it depend on your interview letter and has the home office contacted to submit documents if they have doubt .

Thank you.

Can you please tell me how long its take to get decision from UT. if they still refuse may, what would be my next step. should i make a new application in this category or should i move to tier4. thank you

[Rockey]

Hello Aseef,

Strange how can Judge not accept your documents..??

I sumbitted my bundle of documents before hearing date and that is legally ask you to send bundle..

[aseefahmed]

Hello Aseef,

Strange how can Judge not accept your documents..??

I sumbitted my bundle of documents before hearing date and that is legally ask you to send bundle..

there is a law that judge is not legally bound to accept the documents.

[saif009]

Then might be you have send incomplete documents with your Application ...and you didn't meet immigration rules at the time of Application .

[ak786]

First you need to get approval from FTT to appeal against FTT decisions based on errors in law. If FTT will not give it you which it is not giving now a days 98% cases then apply to UTT for permission to appeal against FTT decisions based on errors in law.

You read decision of FTT, there must be many errors b/c they are use to sleep while hearing us in the court room.

As soon as you will get the permission mention points like evidential flexibility policy or if Home Office allowed you to provide additional documents.

My Time line:
Applied Oct 2013
Interview April 2014
Rejected May 2014
Hearing in FTT 30 Sep 2014
Rejected Oct 2014
Applied to FTT for permission to appeal to UTT Nov 2014
Applied to UTT for permission to appeal to UTT 12 Dec 2014
Received Letter from UTT dated 15 Dec 2014 on 5th Jan 2015 that they have received my letter. - Still waiting

[saif009]

yes its true on the hearing day the judge is just writing answers only ...what ever your conversation between you and homeoffice judge is writing only. home office decision always based on assumations only they only use this word i am not satisfied thts it..they didnt bother to ask Apellant to provide such documents which they have there favourite word not satisfied ..and if they said they are not satisfied then even judge some times wont ask to submit any evidence because home office barister trying to be extra smart and wasting time on irrelavant issues and at the end with out giving chance to Apellant refuse straight away in that case you can still find error in law..by not giving chance to explain not even bother to ask against refusal so like one of my friend judge mistakenly considered there 90 days maintence statement as a main statment in ..so read your refusal letter very very activley you will find error in laws.