Tier 1 G APPEAL with new evidence?! Urgent help needed! SOS

[masterpeas]

My initial application for Tier 1 G from PSW was refused because of inadequate earnings and evidence. The case worker also missed out my profit and loss sheet which i indeed enclosed with the accountant's letter. So this is a sheer negligence on HO side. I made a genuine mistake by claiming gross earnings for my self-employed earnings rather than net earnings before tax. I was so rushed to submit just one month before my current leave expired and didnot check my materials carefully. Now my appeal is accepted and I have to prepare for the hearing. I am newly registered here desperately seeking for some valuable advice on my following questions:

Can I submit totally new evidence/grounds during the appeal process? somebody say yes while some say no, I tried to find some relevant rules to back me up, section 3C seems a little bit relevant giving me confidence by saying:

"Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing". While either section 3C or 3D leave is in force, the applicant is not entitled to make any more applications for variation of leave to enter or remain. On the other hand, it is possible to vary the grounds of an application already made, even by introducing something completely new."
"'one-stop ' principle - one application, one decision, one appeal - is essential to the operation of the appeal process that was introduced in the1999 Act and has been extended by subsequent Acts. "

Will this apply to me and support my new evidence that I didnot submit with initial application but will be provided for appeal as these evidence came later than my application date BUT before my leave expiry date.

As my leave has expired now and the Tier 1 G has already been closed overseas and in uk, If by some reason I couldnt be granted appeal allowed, I really dont know what I can do.....I dont want to go as I have a very good job here, Can somebody here help me out please......


P.S. I submited my application on 26th Jan with my leave expired on 26th Feb. I received the notice of decision on 18th Mar. I should have waited for my bank statements which came to me on 15th Feb showing with my January salary and earnings I generated from online business. NOW I'd like to appeal with my Jan payslip and bank statements and all other required evidence to prove my online business earnings. JUST not sure whether these new information can be accepted or NOT

PLEASE HELP ME~~~~REALLY DESPERATE NOW. THANK YOU VERY MUCH EVERYBODY HERE.

[masterpeas]

could someone share any thoughts on my case please??

I really need you guys! thanks a million times!!

[avi123]

Hello masterpeas,

I hope you get the appeal, even my situation can be similar to yours. Just out of interest, where did you get this paragraph from-


Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing". While either section 3C or 3D leave is in force, the applicant is not entitled to make any more applications for variation of leave to enter or remain. On the other hand, it is possible to vary the grounds of an application already made, even by introducing something completely new."
"'one-stop ' principle - one application, one decision, one appeal - is essential to the operation of the appeal process that was introduced in the1999 Act and has been extended by subsequent Acts. "


Please let me know.

Thanks

[pennylessinindia]

Hello masterpeas,

I hope you get the appeal, even my situation can be similar to yours. Just out of interest, where did you get this paragraph from-


Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing". While either section 3C or 3D leave is in force, the applicant is not entitled to make any more applications for variation of leave to enter or remain. On the other hand, it is possible to vary the grounds of an application already made, even by introducing something completely new."
"'one-stop ' principle - one application, one decision, one appeal - is essential to the operation of the appeal process that was introduced in the1999 Act and has been extended by subsequent Acts. "


Please let me know.

Thanks

Just google it

[geriatrix]

Just out of interest, where did you get this paragraph from-

From this UKBA document.

[masterpeas]

Hello masterpeas,

I hope you get the appeal, even my situation can be similar to yours. Just out of interest, where did you get this paragraph from-


Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing". While either section 3C or 3D leave is in force, the applicant is not entitled to make any more applications for variation of leave to enter or remain. On the other hand, it is possible to vary the grounds of an application already made, even by introducing something completely new."
"'one-stop ' principle - one application, one decision, one appeal - is essential to the operation of the appeal process that was introduced in the1999 Act and has been extended by subsequent Acts. "


Please let me know.

Thanks

Hello, thank you for your reply. Bless all of us to win the appeal!

You can easily find the quoted info by google, it is called SECTION 5. Hope this can help our appeal!

I am still waiting for some senior advisors to give me confirmation about this. PLEASE PLEASE HELP. THANKS A LOT!

[masterpeas]

Just out of interest, where did you get this paragraph from-

From this UKBA document.

Hi my dear friend, I noticed many of your kind replies to other posts which are very helpful.

As you are award of the above section 3C rules, do you think we have some chance to submit new evidence for the appeal?

My concern is that as the law gives us the right to appeal with continuing lawful leave to stay and during this period we can either go for appeal or make fresh application if we believe we are right to get the visa. BUT now the situation is a bit conplicated as the Tier 1 G has been closed, in this case some people like me may not be able to make fresh application with all required evidence. This is not our personal fault. Our right to submit new evidence in a fresh application basically has been deprived!!

Based on these, I really hope I can win my appeal! Could you please share any of your thoughts with me? very much appreciated!

[vinny]

New evidence is acceptable, subject to 85(4), unless 85A is in force.

[masterpeas]

New evidence is acceptable, subject to 85(4), unless 85A is in force.

dear vinny, thank you very much for your kindest reply and reference to further detailed information. But I feel quite confused after reading EA case comments as follows and am not sure whether my new evidence arrised after application date would be "relevant to the substance of the decision" or not??

Section 85(4) is as follows:

"On an appeal under section 82(1) or 83(2) against a decision the Tribunal may consider evidence about any matter which it thinks relevant to the substance of the decision, including evidence which concerns a matter arising after the date of the decision."
Section 85(5) provides, by way of contrast, that an appeal against entry clearance or a certificate of entitlement (that is to say, an out-of-country appeal) is to be decided by reference only to evidence relating to the circumstances at the date of the decision. As the Tribunal pointed out in LS (Gambia) s85(4) applies, without any difference of wording, to asylum and human rights appeals and in-country immigration appeals. It follows that, under the 2002 Act, they are governed by the same principles so far as the admissibility of evidence is concerned: that is what s85(4) is about.

It is thus not open to an appellant to argue simply that, on the date of the hearing, he meets the requirements of the Immigration Rules. He can succeed only if he shows that the decision that was made was one which was not in accordance with the Immigration Rules. Section 85(4) allows him to show that by reference to evidence of matters postdating the decision itself, and it may well be that the effect is that the question for the Tribunal in an in-country case is whether the decision can be justified as a correct one at the date of the hearing. But that does not mean that the Tribunal is the primary decision-maker. The Tribunal's task remains that of hearing appeals against decisions actually made. The correct interpretation of s85(4) is perhaps best indicated by saying that the appellant cannot succeed by showing that he would be granted leave if he made an application on the date of the hearing: he can succeed only by showing that he would be granted leave if he made, on the date of the hearing, the same application as that which resulted in the decision under appeal. The subsection does not permit an appellant to change his case under the Immigration Rules for being allowed to remain in the United Kingdom. (That is, of course, without prejudice to the fact that s84(1) may allow the appeal to succeed on different grounds entirely.)

http://www.bailii.org/uk/cases/UKIAT/2007/00013.html

waiting for your further confirmation please. Bless you vinny.

[vinny]

Probably best to include all available evidence and leave it for the judge to consider its acceptability.

[masterpeas]

Probably best to include all available evidence and leave it for the judge to consider its acceptability.

thanks again vinny;)

As I am not sure before what date the tribunal will consider all my evidence, for the appeal I have submitted my Jan payslips, as the time goes on, I have continued receiving salary from full-time employment, I dont know for the witness statement and the bundle of documents, do I need to submit Feb payslips and even Mar salary and claim points for them?? that should be more than enough to claim 20 points for previous earnings IF the tribunal can accept all these before the hearing date!!

please drop me any of your thoughts. Thank you very much indeed.

[geriatrix]

Please continue in this topic.