Advice needed on appeal for Tier 1 extension refusal

[Jayceesh]

Hi all,

I got a colleague (an african with dependants) who will like advice on how to go about an appeal for a Tier 1 extension (from HSMP) removal in which the main problem is submitting an online bank statement for the last month of the 12 months period as the bank statements didnt arrive in time. In the hurry to submit, they forgot to get this online statement signed and stamped by the banks.

They were informed that the appeal must be made on one of the following grounds

(a) that the decision is not in accordance with Immigration Rules
(b) that the decision is unlawful because it racially discriminates against you
(c) that the decision is unlawful because it is incompatible with your rights under the European Convention on Human Rights
(d) that the decision breaches rights which you have as an EEA national or member of such a person's family under Community Treaties relating to or residence in the UK
(e) that the decision is otherwise not in accordance with the law
(f) that a discretion under the Immigration Rules should have been exercised differenly
(g) that your removal from the UK as a result of the decision would breach the UK's obligation under the 1951 Refugee Convention or be incompatible with your rights under the European Convention on Human Rights

I personally thought (f) should be used as the HO in this case have followed the letter of the law and the mistake is with the applicant.

Please advice.

Many thanks

[thomasn]

He need to lodge an appeal. I have also have a similar problem, insufficient funds and sending P60 +Payslips.

I have lodged an appeal, and going through this forum I have seen many cases succed.

The judge would consider if the applicant met the requirements at the time of the application, but new evidence that arose after the application dont think would be acceptable.

I would think we should win!

get a solicitor also