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problemsolver wrote:Hello,
I received the letter from tribunal on 5th August 2015 and put the new application on 2nd september 2015. I counted the days from 5th august as per guidance i can access on various guidance policies. But home office refused on the grounds that you submitted application more than 28 days after the letter. I am very astonished as this is totally against what is said that the date of reference will be 2 days after the date on the final letter sent by tribunals.
if anybody can assist me i will be highly obliged.
kind regards
rehan
Is it 28 days from decision date or the date you receive it. Any reference from guidance or source document. All depends on actual days count from what trigger point.problemsolver wrote:i relied on the guidance that the date of reference is 2 days after the date on the letter from tribunal. which in my case is 5th august. but home office refused my application that you are putting application more than 28 days late. i am very confused now. is this an error and can i not prove it otherwise? how can they make such a mistake?
please reply.
Then it may be a good reason to go for JR. Seek professional help.problemsolver wrote:thank you for your reply.
https://www.gov.uk/government/uploads/s ... _0_EXT.pdf
if you go to page 13 of this linked document you will see the rule about finally determined appeal. it clearly says it is 28 days from the date you receive the decision which is deemed to be 2 working days after the date of postage.
i am unable to understand why home office has refused my application. they can not act with such irresponsibility? can they?
Agreed a new application should be an easier option. But if still wanted to to go with JR then seeking professional help is advised.vinny wrote:Did you ignore sushdmehta's advice?
problemsolver wrote:the letter has a date printed on the 1st page that is a cover page to the original decesion which follows. the decision was made well before 3rd august. that is why they put the 3rd august on the 1st page of letter so that we know when they posted. and yes the envelop is still available but i might need to look for it in pile of papers.