How to proof supporting documents were recieved by ho

[estirichy]

Hi guys

Anyone here been able to proof to Ho that supporting documents were sent to them for an application?

HO are claiming in a rejected reconsideration and a response to Pap that I didn't submit the required docs for the original decision.

I have receipt from the postoffice for posting the whole pack of documents including what they claim i didn't send.

they also returned the same documents by post with the decision of the application.

As they have failed to resolve the issue I am going for a judicial review, but I just need advise on how to proof that the documents were sent to them with the original application.
at the time of application

Senior members please help, I doing the JR my self as I did the pap

Thanks

[estirichy]

any help here guys, please, how can I proof that evidence was actually recieved by home office before decision date..

[vinny]

Sometimes, they claim not to have received any application at all!

Unfortunately, it may be difficult to prove what documents you sent. Did you photocopy all the documents that you sent? Did you include a table of contents?

Did you have a witness who saw what documents you had included? Perhaps, they expect applicants to have a witness signing and dating a table of contents?

The Courts may decide on the balance of probabilities.

[estirichy]

Thanks Vinny

I I am the only witness to my wife's application, perhaps I will be able to speak in court as he witness,
unfortunately we didn't do a table of content.

I do have photocopies of the documents we sent but I don't know how this will help.

I will also send the court with the big envelope received with the decision letter, this envelope had all the supporting documents in it, including the ones the claim they didn't receive.

Just hope it is enough

[estirichy]

Hi guys

I am applying for a JR for my wife and I need some advice from those who have been through this before....
I have read the guidance, but still have some questions, we are applying without a solicitor, I have written the statement of grounds and facts.

My concern is the bundle, two have to be filed, but does it mean two claim forms too?
Can it be manually indexed and paginated?

Thanks

[estirichy]

Hi Vinny and other members

Update on my case

I have recieved a consent order from treasury solicitors after JR asking me to withdraw and they will reconsider decision and pay cost, I am more tilted towards rejecting this as they failed to reconsider when they had the chance via recon request and pap, both rejected, ho said when I requested reconsideration that the docs I resubmitted were new info even tho it wasn't so rejected the request, the decision was maintained at pap stage

My question if if I was to allow them reconsider, can I JR on the new decision in case they maintained their decision? Does the button reset to another 3months to JR?

[estirichy]

hi guys

Have someone applied for a new JR after HO maintained original decision when first JR was withdrawn to allow reconsideration?

I need to know if I can reapply for JR in the event of HO maintaining the original decision after I withdraw my current JR for them to reconsider, or will that be the end if I withdraw

Your help is much appreciated

Thanks

[seagul]

you must have the signature of the person who had received your documents earlier in home office department which you can use to prove as well that you had sent them the bundle. But still it would be bit difficult to prove that what had you sent to HO in that bundle.

[noajthan]

A manifest (preferably witnessed) of
documents sent out versus documents received back would have been a good starting point.
Plus a FOI request for sight of any internal manifests compiled by HO mail room or other entity that handled the bundle within or on behalf of HO.

[estirichy]

@ seagul

Yes I have signature of receipt by the ho but as u said it's difficult to prove what was in the bundle, the only thing I was relying on for the court to rule in my favour is the weight of the parcel I sent for the original application vs the weight of the parcel I sent at reconsideration, which only included the docs they claim wasn't submitted. There is a clear difference and I included this in the bundle to court, as well as the envelope I recieved back from the ho in both instances, so that's my only hope

@ noajthan
Yes perhaps I should have done that in hindsight but I guess is late now, I no exactly what was sent and recieved back but again only my wife is the witness to this,
My problem write now is if I withdraw the JR and maintain their stupid decision could I reapply for JR as it will be a new decision or will that be the end of it? I am thinking of asking ho in the consent order to withdraw the original decision ( even tho leave was granted albeit with the wrong code, and ask them to look @ the full application again, but I don't know if that will work and whether or not it make my wife an overstayer. Very stressful all this....

What do u guys think?
Thanks

[BClassBritish]

In the past I have noticed that any letter sent to the HO which isnt Recorded delivery goes straight to the bin specially any extra communications that they require after the submission of main application.

Your case sounds even more complicated

All the best.

[CR001]

In the past I have noticed that any letter sent to the HO which isnt Recorded delivery goes straight to the bin specially any extra communications that they require after the submission of main application.

And you base this incorrect assumption on......?

[seagul]

In the past I have noticed that any letter sent to the HO which isnt Recorded delivery goes straight to the bin specially any extra communications that they require after the submission of main application.

Your case sounds even more complicated

All the best.

I don't think they bin any letter intentionally. Any letter with the correct case reference number is being sent to them, they do save in your file. And I have few friends who sent additional paper information even during their case processing but the case worker still considered that and given positive decision. But its always good practice to keep one copy of what you are sending them and always use recorded delivery.

[sm12]

Did you opt for reconsideration?

Not sure if you can challenge the new decision again via JR.

[estirichy]

To sm12

Yes we opted to accepted ho paying all our cost and reconsideration within 3months

We received payment from ho with 7days of signing consent order but are yet to receive any other communication from them regarding reconsideration. I intend to write to their lawyer if we don't hear anything by the 2nd month to remind them of their legal obligations.

Has any one experience of this, the hotel haven't written to us and is almost 2 months, they have up to 27th April 2017 to reconsider.

Senoirs, could I should I write to the court to inform them if the house misses this deadline? If not what will be my next cause of action since we opted for reconsideration.

Many thanks

[estirichy]

Sorry for the typo,

Hotel and house = home office

I hope my question makes sense now

Thanks

[estirichy]

Hi guys

I am very happy to say that after a long 10months battle, home office have accepted their error and granted my wife flr (m) on a 5yr route instead of the 10yr,
Thanks be to God Almighty, and to you all who gave me invaluable advise to PAP And JR myself without solicitor, I am really grateful for the advise,

Home office have paid all cost and corrected their incorrect decision within the time frame on the consent order

[alex82]

Hi guys

I am very happy to say that after a long 10months battle, home office have accepted their error and granted my wife flr (m) on a 5yr route instead of the 10yr,
Thanks be to God Almighty, and to you all who gave me invaluable advise to PAP And JR myself without solicitor, I am really grateful for the advise,

Home office have paid all cost and corrected their incorrect decision within the time frame on the consent order

Hi,

Great news. Congratulations and well fought.

We find ourselves in a similar position - Home Office are saying they didn't receive a key document relating to their decision. I posted it with our bundle, I am 100% positive.

Would you mind sharing what steps you then followed to have this corrected?

I wrote to them by post - nothing. I tried an administrative review - rejected without consideration. Now am complaining. Pulling my hair out.

Thanks.