Length of leave granted on DLR before 9 July 2012

[rk_2011]

My sister has won two appeals and should now be granted DLR. She applied for DLR on 21 June 2012 and received a refusal on 11 July 2012. I wish to determine the length of leave to be granted, whether it's 2.5 or 3 years.

Now based on this document, one can determine the length of leave:
https://www.gov.uk/government/uploads/s ... yleave.pdf

if it falls under this category, where in Section 4.2 ( pg. 8 ) it says:
"Where the UK Border Agency (as it was) made a decision either before 20 July 2011 or before 9 July 2012 that a grant of leave on the grounds then listed in Chapter 53 was not appropriate, but after that date carried out a reconsideration of that decision and - on the basis of the same evidence - decides that the earlier decision was wrong and leave should have been granted"

She received a decision on 11 July 2012, but applied 21 June 2012. My question is:
1. Why is the criteria based on when UKBA awards a decision, should it not rather be based on when the applicant lodged an application?
2. What is the length of leave she can expect to be given?

[rk_2011]

I still seek an answer to this question, if anyone can throw some light.

[vinny]

See also Out with the old, in with the new: Edgehill, Haleemudeen and now Singh.

[rk_2011]

vinny, thanks for the link. It was very useful to see how recent court cases have clarified the situation that many rely upon.

I am still confused about one thing, as Singh v Secretary of State concludes that for decisions between 9 July 2012 to 6 Sep 2012, it's the old rules. What does 'decision' here refer to?

Our application was lodged on 21 June 2012 and we received a refusal on 11 July 2012 and the appeal has been going ever since. And so we will be given a 'decision' again in near future based on our appeals. Which 'decision' will it be based upon, the initial refusal or the final decision to grant leave (i.e. if they grant leave)?

[Obie]

In accordance with Singh, your case appears to fall under the old rules , as the link that Vinny kindly provided point out.

Therefore it should be a 3 years leave.

[rk_2011]

Indeed, she was granted a leave of 3 years, just today. Thanks.