39E matter in court of appeal

[Sunny024]

Shansha,
Ilr 10 years application is considered as human rights application hence HO gave us right of appeal as we didn't commit deception or any other fraud.
Yes ,as you said,HO case workers don't make silly mistakes but we have to wait until the judgement day to know our fate .
Good luck !

[Vin2000]

Hi Sunny
My Case was very similar to yours, Did you get a positive decision on your appeal. Please let me know.



Hi
Sorry to hear about your case.
I have hearing in August .
Could you elaborate your case ..?
[/quote]

[Vin2000]

Hi sasha

Did you appeal your refusal?

My solicitor is also pretty much optimistic about my case, but i m not sure, i think its their job and source of earning thats why they have to show some positivity towards clients cases. Case workers sitting in HO are not daft they must be well aware of all the rules. Anyways on the positive side I heard some cases were in the favor of applicants once they get right of appeal or go through JR, there is little bit of hope when applicants case presented in front of honourable judge, it all depends how strong is the bundle of evidence and how strong the arguments are. To be honest i am very confuse, if according to my case worker I m not covered under section 3c so on what basis i have been given right of appeal, I dont have any deception on my case not any other allegations its just 3c and out of time application. What was in his mind which allowed him to give me right of appeal and on what basis he thinks i can fight my case...

[Sunny024]

Hi Sunny
My Case was very similar to yours, Did you get a positive decision on your appeal. Please let me know.



Hi
Sorry to hear about your case.
I have hearing in August .
Could you elaborate your case ..?

[/quote]


I had my hearing but unfortunately didn’t get a decent judge ,not sure how he decides .

[sanshah]

Hi Sunny...
What makes you think that Judge will not make decision in your favor. Did you attend the hearing without barrister? I won my appeal back in June and yesterday I recieved my ILR. Its all about the bundle you and your representative present in front of judge and how strong the arguments u made. What did Judge say at the end of hearing? In my case she gave her decision at the spot.

[Sunny024]

Hi,just after hearing started ,judge said you can’t put in early application ,asked my barrister ,how can you put in like that . My barrister explained that we relied on 39e and made application in 14 days and d3cision was made after I finished my 10 years and he wasn’t convinced I think . At the end he said he will write decision in few weeks ,my hearing was at feltham court and I know judges are a bit harsh there . Where did your hearing take place?

[Sunny024]

Hi there
Does anyone know the current waiting time for Upper tribunal hearings please

[Vin2000]

Dear Sanshah

Its good to hear that you won the battle, Mine is a very similar case like yours, Can you please let me know your case ref number as iam studying few cases which can be helpful to my case. Please help. Thank you

Hi Sunny...
What makes you think that Judge will not make decision in your favor. Did you attend the hearing without barrister? I won my appeal back in June and yesterday I recieved my ILR. Its all about the bundle you and your representative present in front of judge and how strong the arguments u made. What did Judge say at the end of hearing? In my case she gave her decision at the spot.

[CR001]

Dear Sanshah

Its good to hear that you won the battle, Mine is a very similar case like yours, Can you please let me know your case ref number as iam studying few cases which can be helpful to my case. Please help. Thank you

Hi Sunny...
What makes you think that Judge will not make decision in your favor. Did you attend the hearing without barrister? I won my appeal back in June and yesterday I recieved my ILR. Its all about the bundle you and your representative present in front of judge and how strong the arguments u made. What did Judge say at the end of hearing? In my case she gave her decision at the spot.

Please DO NOT post information that will reveal your personal identifiable information on the forum!!

[Vin2000]

Dear Sanshah


if you dont want to reveal your personal information, Can you please let me know the solicitor you delat with your appeal.


Thank you

Dear Sanshah

Its good to hear that you won the battle, Mine is a very similar case like yours, Can you please let me know your case ref number as iam studying few cases which can be helpful to my case. Please help. Thank you

Hi Sunny...
What makes you think that Judge will not make decision in your favor. Did you attend the hearing without barrister? I won my appeal back in June and yesterday I recieved my ILR. Its all about the bundle you and your representative present in front of judge and how strong the arguments u made. What did Judge say at the end of hearing? In my case she gave her decision at the spot.

[CR001]

Dear Sanshah


if you dont want to reveal your personal information, Can you please let me know the solicitor you delat with your appeal.


Thank you

Members are not permitted to post names and details of solicitors on the forum!

[Alisher715]

I am in the same boat like u guys
In my 10 years i have been refused my flr fp application once but that is due to royal mail as i have varied the application before the flr fp decision but did not reach home office in 1 month.

So after that refusal i put pre action with the proof of recorded delivery and received the answer that they are reviewing my case but after that no response and it is been 3 months.

Now i applied ilr on 10 years route and waiting for biomatrics.

Can u guys plzz tell am i safe or not?

[Sunny024]

Looks Like you are safe.
Les us know the outcome.

[Sunny024]

Hi
Does anyone have an update on 39E matter which is pending in High court for hearing .
I was recently in UT for this matter ,judge ,HO and my barrister no one was sure how it works so judge adjourned / delayed it until January .
Long story short
39e allows overstayers to make an application with in 14 days and it doesn’t say leave to validated to qualify under this rule like it says for temporary release matter .
I had 5 months gap after my Appel rights ended ,I used 39e to make ILR application and decision was made after finishing my 10 years .as it was refused I took it to LT was dismissed ,then to UT and after hearing ,now it’s further delayed .

[CR001]

Topics merged for members to understand your full circumstances (click to read)

[Sunny024]

This paragraph applies to your application being valid but that does not change your status as an overstayer. You have been overstaying since 4th April 2017.
The 39E in fact was applied to your case. Your FLR application (varied to ILR) was accepted as valid as it was made within 14 days of appeal refusal, however you did not have 10 years of lawful residence under SET(LR) and that is why your ILR was refused. It is true that the rules allow such a period of overstaying to be ignored but only if you regularise your leave; for example if instead of FLR, you successfully switched to Tier 2. Then any period of overstaying between April and Nov 2017 would have been ignored and you could have applied for SET(LR) without any issues afterwards.

Rule doesn’t say to “regularise your leave”,this is where it gets complicated ,no wonder why it’s in court of appeal .what is the point of allowing you to make an application using 39e and refusing saying you been overstayer even though you used this rule

[kavikkdi]

Hi sanshah

Happy to know that you got your ILR. Congrats for that.

I’m also similar situation like you, mine Tier-2 was refused & gave AdminReview option but I didn’t apply administrative Review. Instead of that I applied FLR FP with in 6 days of my Tier 2 refusal then varied Set Lr. This has been refused as out of time application. Gave appeal rights.
Appealed in time & waiting for hearing date.

Could you please explain how you present your case in front of judge ?

Had you argued with 39E rules or not ?

Please clarify.

Thanks

Hi Sunny...
What makes you think that Judge will not make decision in your favor. Did you attend the hearing without barrister? I won my appeal back in June and yesterday I recieved my ILR. Its all about the bundle you and your representative present in front of judge and how strong the arguments u made. What did Judge say at the end of hearing? In my case she gave her decision at the spot.