Finally I won my appeal on my own and submitted my passport!

[masterpeas]

recent update:

after nearly a year's battling with HO, I had been through twice appeal and finally I can be released a bit and just need to keep fingers crossed to get my passport back with valid identity ID for another 2-year stay here in UK!!

Bless all here struggling for a help, never underestimate yourself and keep trying! Every effort will be repaid! Thank all who replied my questions here with kindest help and I am really grateful!

Bless that I can get my passport back as soon as possible, then I can go back to my parents and have a good time together!

Can anyone please tell how long roughly to wait after the submission of passport? weeks? Thanks!!

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I attended my hearing last week myself with totally new evidence submitted for the tribunal's reconsideration.

on Wed. I received a letter from the FTT(tribunal) stating all the facts and my grounds of appeal and relevant law&rules....however, the judge didnt decide my case even though he admitted that the respondent made a decision not according to the law!!

Part of the decision letter is as follows, I hope somebody here could offer me some help and advice about what I should do now:

"It seems to me that in the light of Mirza, the respondent's decision is not in accordance with the law as no removal decision has been made, and therefore P395C has not been considered. I therefore allow the appeal to that LIMITED extent so that the decision remains outstanding before the respondent. The respondent may then wish to consider what the Appellant's position would have been had she delayed making her application for leave to remain until mid-Feb, when it would appear that she would be entitled to claim an additional Jan salary from her employer, and her online trading income, which would have taken her over the £35,000 threshold to be awarded 20 points. That however is a matter for the Respondent and not for me."

The letter finally ended up with: "the appeal in relation to P245C of the immigration rules is dismissed. The appeal is allowed insofar as the Respondent's decision is not in accordance with the law and the decision therefore remains outstanding before the respondent."



1. Anybody has any idea about what HO would reply to this decision letter?? is there any good sign that I can win this appeal?

2. Due to the time limit, either party has to make an application to the upper tribunal within 5 days after the receipt of this letter!! Do I have to contact the HO now to get some hint about their final decision on my case, or I have to appeal to upper tribunal just in case HO gives me decision after these 5 DAYs, which means I would lose the chance to further appeal.

3. Based on the judge's letter, what do you think HO would probably decide on my case? I cannot make fresh appllication as the T1G has already closed even though I have all required documents in hand.

How large is the chance for HO to allow my appeal? PLEASE HELP ME. ;(

My deadline to further appeal will be on Monday. As there is no instruction included in the letter about how to appeal to UT, could somebody give me any advice please??? Thanks a million times!!!

xxxxx

[masterpeas]

P.S.

HO made the right decision by awarding me 0 points based on the documents I submitted. Only because I submitted one month earlier than my leave expiry date by stupidly following the guidance's suggestion(encourage application made at least one month earlier), I didnt include my most recent monthly salary as the amount was showing on my bank statement which was not available on my application date. And I claimed gross earnings for my self employment rather than net earnings, thus I was short of previous earnings to reach £35k after taking off expenses for self employment.

For my appeal, I further submitted my most recent salary with Bank Statements and some other earnings coming to my account before my leave expiry date with all relevant earnings to prove that I can meet the requirement to apply T1G before my leave expire.

I know it sounded a bit complicated, but its all due to silly negligence and mistake of submitting too early!!! I messed myself up..........

[mulderpf]

From what I understand is:

1. The decision was not in accordance with the law, as you were given no removal directions when you were refused and therefore did not have the option of 395(C), which allows HO to look at factors outside of PBS to determine if you should be removed.

Your appeal was dismissed and the HO can now relook at your case and make the exact same decision, but this time with removal directions.

Whether they wish to look at the additional documentation is up to them and was not instructed by the order - they can basically make the exact same decision, just this time in accordance with the law.

Even if you appeal the decision further up, in accordance with PBS, the decision is lawful.

[Greenie]

From what I understand is:

1. The decision was not in accordance with the law, as you were given no removal directions when you were refused and therefore did not have the option of 395(C), which allows HO to look at factors outside of PBS to determine if you should be removed.

Your appeal was dismissed and the HO can now relook at your case and make the exact same decision, but this time with removal directions.

Whether they wish to look at the additional documentation is up to them and was not instructed by the order - they can basically make the exact same decision, just this time in accordance with the law.

Even if you appeal the decision further up, in accordance with PBS, the decision is lawful.

Mulderpf is spot on - one slight correction though - it's not that you were not given removal directions but that they did not make a decision to remove you. Removal directions come later, once appeal rights have been exhausted.

I assume that given you argued the Mirza point, you know what the case says, but just in case, you might find this useful

[masterpeas]

I've been given advice by the immigration counsellor and he said the judge did give a very favourable decision and tried to convince the HO to reconsider my situation and also refer to P395C. He even kindly gave the HO recommendation to consider the fact that if I had postponed application one month later just before my leave expired I would certainly qualify the points I need to be granted T1G.

Now I can do nothing but just to wait to see whether HO will appeal the judge's decision and nobody can be sure when and how HO will end up my case. maybe it will take 6 months for me to get the final answer!!

anyway cross fingers and pray every single day!!! BLESS...

[masterpeas]

From what I understand is:

1. The decision was not in accordance with the law, as you were given no removal directions when you were refused and therefore did not have the option of 395(C), which allows HO to look at factors outside of PBS to determine if you should be removed.

Your appeal was dismissed and the HO can now relook at your case and make the exact same decision, but this time with removal directions.

Whether they wish to look at the additional documentation is up to them and was not instructed by the order - they can basically make the exact same decision, just this time in accordance with the law.

Even if you appeal the decision further up, in accordance with PBS, the decision is lawful.

THANK YOU for your kind reply. your comment sounds quite hopeless...Yes I should prepare for the worst result! Bless me...hope HO can look at my case positively. It is the date issue down to the earth!! I should have applied just before leave expiry date, then nothing would happen.

[masterpeas]

From what I understand is:

1. The decision was not in accordance with the law, as you were given no removal directions when you were refused and therefore did not have the option of 395(C), which allows HO to look at factors outside of PBS to determine if you should be removed.

Your appeal was dismissed and the HO can now relook at your case and make the exact same decision, but this time with removal directions.

Whether they wish to look at the additional documentation is up to them and was not instructed by the order - they can basically make the exact same decision, just this time in accordance with the law.

Even if you appeal the decision further up, in accordance with PBS, the decision is lawful.

Mulderpf is spot on - one slight correction though - it's not that you were not given removal directions but that they did not make a decision to remove you. Removal directions come later, once appeal rights have been exhausted.

I assume that given you argued the Mirza point, you know what the case says, but just in case, you might find this useful

thanks a lot guru~~ I am not sure when HO can get back to me as the FTT didnt send me the appeal form with the determination letter, so does that mean I cannot appeal further?
you think there is no hope at all in my case?? I went to see a counsellor this afternoon and he gave me quite positive review even though he said the chance to win is still 50-50, all depend on the case worker who will look into my case further....GOD BLESS

[masterpeas]

From what I understand is:

1. The decision was not in accordance with the law, as you were given no removal directions when you were refused and therefore did not have the option of 395(C), which allows HO to look at factors outside of PBS to determine if you should be removed.

Your appeal was dismissed and the HO can now relook at your case and make the exact same decision, but this time with removal directions.

Whether they wish to look at the additional documentation is up to them and was not instructed by the order - they can basically make the exact same decision, just this time in accordance with the law.

Even if you appeal the decision further up, in accordance with PBS, the decision is lawful.

hello my friend,

I think i shhould come back and update my case and thank you for your earlier response and help!!

I went through a 2nd appeal on paper and finally got the determination letter which said my appeal was allowed!! I hope this time my fate can be changed toward a bright way...

Now i dont know how long I shall wait to get the call letter, I read plenty threads about similar situations and have been told it seems the waiting period would be very long but it can be shortened with few expedite requests, right?

Could you please kindly advise how I should prepare the expedite letter in my complicated case? Should I sent it to the address on my refusal letter?

Thank you millions times!! Merry Xmas! xx

[RajMalhotra]

I have won the appeal for Dependent Visa for my Wife. Can any one tell me how to proceed further. Details are posted under this thread http://www.immigrationboards.com/viewto ... highlight=

Thanks