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Appeal and next options?

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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helpingperson
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Posts: 485
Joined: Sat Aug 25, 2012 12:13 pm

Appeal and next options?

Post by helpingperson » Sat Aug 25, 2012 12:28 pm

Hi

student visa extension was refused due to deception in PSW application but i was given appeal right for student visa application.
First tribunal and upper tribunal dismissed my appeal.
We appealed to Upper Tribunal to get permission to appeal to court of appeal but they refused.
Upper Tribunal gave option to apply directly to court of appeal for permission to appeal to court of appeal.
Now have submiited application to court of appeal to get permssion to appeal to court of appeal.

Now two questions.

1.What options I have if court of appeal refuses my application for permission to appeal to court of appeal?

2.What options I have if court of appeal accepts my application for permission to appeal to court of appeal?



I think they will refuse my application for permission to appeal to court of appeal.
I want to buy time as much possible and keep status legal,I will have some other options if my status stays legal and this appeal keeps going.

I just want to know how can I continue this appeal case? Where else I can apply for this appeal?
I will really appreciate any positive comment or advice on this matter.
Please just advise me on what I asked.

Thanks for your time and help.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Sat Aug 25, 2012 1:28 pm

If the court of appeal refuses permission then your appeal rights will be exhausted.

helpingperson
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Posts: 485
Joined: Sat Aug 25, 2012 12:13 pm

Post by helpingperson » Sat Aug 25, 2012 3:04 pm

Greenie wrote:If the court of appeal refuses permission then your appeal rights will be exhausted.
Thanks for a comment but i think that if court of appeal refuses , i can reapply for oral hearing or go to supreme court and finally to European court.

I just need this information from someone who knows it somehow.
I want to be ready for next step.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Sat Aug 25, 2012 5:27 pm

Yes and if the court of appeal still refuse permission on an application for an oral hearing you will then be appeal rights exhausted-you have no further right of appeal to the supreme court. See onward appeal rights here-

http://www.ukba.homeoffice.gov.uk/sitec ... d/appeals/

You are not going to get detailed advice on an immigration forum on appeals to the court of appeal. If you want advice you need to seek it from a solicitor.

tuliprose
Member of Standing
Posts: 350
Joined: Wed Jan 07, 2009 9:23 pm
Location: Greater London

Re: Appeal and next options?

Post by tuliprose » Wed Aug 29, 2012 10:10 am

helpingperson wrote:Hi

student visa extension was refused due to deception in PSW application but i was given appeal right for student visa application.
First tribunal and upper tribunal dismissed my appeal.
We appealed to Upper Tribunal to get permission to appeal to court of appeal but they refused.
Upper Tribunal gave option to apply directly to court of appeal for permission to appeal to court of appeal.
Now have submiited application to court of appeal to get permssion to appeal to court of appeal.

Now two questions.

1.What options I have if court of appeal refuses my application for permission to appeal to court of appeal?

2.What options I have if court of appeal accepts my application for permission to appeal to court of appeal?



I think they will refuse my application for permission to appeal to court of appeal.
I want to buy time as much possible and keep status legal,I will have some other options if my status stays legal and this appeal keeps going.

I just want to know how can I continue this appeal case? Where else I can apply for this appeal?
I will really appreciate any positive comment or advice on this matter.
Please just advise me on what I asked.

Thanks for your time and help.
They wont give you permission to appeal further.

The best possible option is to prepare a fresh application for Tier 4 re-apply and withdraw your appeal. But make sure you re-apply before they refuse you to appeal.

helpingperson
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Posts: 485
Joined: Sat Aug 25, 2012 12:13 pm

Re: Appeal and next options?

Post by helpingperson » Sat Sep 01, 2012 11:54 am

tuliprose wrote:
helpingperson wrote:Hi

student visa extension was refused due to deception in PSW application but i was given appeal right for student visa application.
First tribunal and upper tribunal dismissed my appeal.
We appealed to Upper Tribunal to get permission to appeal to court of appeal but they refused.
Upper Tribunal gave option to apply directly to court of appeal for permission to appeal to court of appeal.
Now have submiited application to court of appeal to get permssion to appeal to court of appeal.

Now two questions.

1.What options I have if court of appeal refuses my application for permission to appeal to court of appeal?

2.What options I have if court of appeal accepts my application for permission to appeal to court of appeal?



I think they will refuse my application for permission to appeal to court of appeal.
I want to buy time as much possible and keep status legal,I will have some other options if my status stays legal and this appeal keeps going.

I just want to know how can I continue this appeal case? Where else I can apply for this appeal?
I will really appreciate any positive comment or advice on this matter.
Please just advise me on what I asked.

Thanks for your time and help.
They wont give you permission to appeal further.

The best possible option is to prepare a fresh application for Tier 4 re-apply and withdraw your appeal. But make sure you re-apply before they refuse you to appeal.

Is there no way I can continue my appeal to buy time for some time?
Is there no court where I can take my appeal case to buy some time?


Can I apply for Tier4 student visa while i am on this appeal case?

If i withdraw my appeal to make tier4 student visa application, Will not I become illegal/overstayer?

Will I get appeal right on this new application as Tier4?

jankk
Newly Registered
Posts: 28
Joined: Sun Jun 10, 2012 7:16 am
Location: manchester

Re: Appeal and next options?

Post by jankk » Sat Dec 29, 2012 12:07 pm

helpingperson wrote:
tuliprose wrote:
helpingperson wrote:Hi

student visa extension was refused due to deception in PSW application but i was given appeal right for student visa application.
First tribunal and upper tribunal dismissed my appeal.
We appealed to Upper Tribunal to get permission to appeal to court of appeal but they refused.
Upper Tribunal gave option to apply directly to court of appeal for permission to appeal to court of appeal.
Now have submiited application to court of appeal to get permssion to appeal to court of appeal.

Now two questions.

1.What options I have if court of appeal refuses my application for permission to appeal to court of appeal?

2.What options I have if court of appeal accepts my application for permission to appeal to court of appeal?



I think they will refuse my application for permission to appeal to court of appeal.
I want to buy time as much possible and keep status legal,I will have some other options if my status stays legal and this appeal keeps going.

I just want to know how can I continue this appeal case? Where else I can apply for this appeal?
I will really appreciate any positive comment or advice on this matter.
Please just advise me on what I asked.

Thanks for your time and help.
They wont give you permission to appeal further.

The best possible option is to prepare a fresh application for Tier 4 re-apply and withdraw your appeal. But make sure you re-apply before they refuse you to appeal.

Is there no way I can continue my appeal to buy time for some time?
Is there no court where I can take my appeal case to buy some time?


Can I apply for Tier4 student visa while i am on this appeal case?

If i withdraw my appeal to make tier4 student visa application, Will not I become illegal/overstayer?

Will I get appeal right on this new application as Tier4?
I think you can apply for judicial review when court of appeal refuses your request for permissoin of oral hearing. I am not sure though.

helpingperson
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Posts: 485
Joined: Sat Aug 25, 2012 12:13 pm

Re: Appeal and next options?

Post by helpingperson » Sat Dec 29, 2012 12:43 pm

jankk wrote:
helpingperson wrote:
tuliprose wrote:
helpingperson wrote:Hi

student visa extension was refused due to deception in PSW application but i was given appeal right for student visa application.
First tribunal and upper tribunal dismissed my appeal.
We appealed to Upper Tribunal to get permission to appeal to court of appeal but they refused.
Upper Tribunal gave option to apply directly to court of appeal for permission to appeal to court of appeal.
Now have submiited application to court of appeal to get permssion to appeal to court of appeal.

Now two questions.

1.What options I have if court of appeal refuses my application for permission to appeal to court of appeal?

2.What options I have if court of appeal accepts my application for permission to appeal to court of appeal?



I think they will refuse my application for permission to appeal to court of appeal.
I want to buy time as much possible and keep status legal,I will have some other options if my status stays legal and this appeal keeps going.

I just want to know how can I continue this appeal case? Where else I can apply for this appeal?
I will really appreciate any positive comment or advice on this matter.
Please just advise me on what I asked.

Thanks for your time and help.
They wont give you permission to appeal further.

The best possible option is to prepare a fresh application for Tier 4 re-apply and withdraw your appeal. But make sure you re-apply before they refuse you to appeal.

Is there no way I can continue my appeal to buy time for some time?
Is there no court where I can take my appeal case to buy some time?


Can I apply for Tier4 student visa while i am on this appeal case?

If i withdraw my appeal to make tier4 student visa application, Will not I become illegal/overstayer?

Will I get appeal right on this new application as Tier4?
I think you can apply for judicial review when court of appeal refuses your request for permissoin of oral hearing. I am not sure though.

Thanks for your relpy.

I got refusal from Court of Appeal and decision said my all domestic appeal rights are exhausted.

I have put another Tier4 application after this decison. I did not have any easy options so did this.

Any thing any one have to help me, will be great.

pugilist555
Newly Registered
Posts: 8
Joined: Wed Dec 12, 2012 11:14 pm

Re: Appeal and next options?

Post by pugilist555 » Mon Dec 31, 2012 1:59 pm

helpingperson wrote:
jankk wrote:
helpingperson wrote:
tuliprose wrote:
They wont give you permission to appeal further.

The best possible option is to prepare a fresh application for Tier 4 re-apply and withdraw your appeal. But make sure you re-apply before they refuse you to appeal.

Is there no way I can continue my appeal to buy time for some time?
Is there no court where I can take my appeal case to buy some time?


Can I apply for Tier4 student visa while i am on this appeal case?

If i withdraw my appeal to make tier4 student visa application, Will not I become illegal/overstayer?

Will I get appeal right on this new application as Tier4?
I think you can apply for judicial review when court of appeal refuses your request for permissoin of oral hearing. I am not sure though.

Thanks for your relpy.

I got refusal from Court of Appeal and decision said my all domestic appeal rights are exhausted.

I have put another Tier4 application after this decison. I did not have any easy options so did this.

Any thing any one have to help me, will be great.
What happened to your application?

pugilist555
Newly Registered
Posts: 8
Joined: Wed Dec 12, 2012 11:14 pm

Re: Appeal and next options?

Post by pugilist555 » Wed Jan 02, 2013 3:03 pm

tuliprose wrote:
helpingperson wrote:Hi

student visa extension was refused due to deception in PSW application but i was given appeal right for student visa application.
First tribunal and upper tribunal dismissed my appeal.
We appealed to Upper Tribunal to get permission to appeal to court of appeal but they refused.
Upper Tribunal gave option to apply directly to court of appeal for permission to appeal to court of appeal.
Now have submiited application to court of appeal to get permssion to appeal to court of appeal.

Now two questions.

1.What options I have if court of appeal refuses my application for permission to appeal to court of appeal?

2.What options I have if court of appeal accepts my application for permission to appeal to court of appeal?



I think they will refuse my application for permission to appeal to court of appeal.
I want to buy time as much possible and keep status legal,I will have some other options if my status stays legal and this appeal keeps going.

I just want to know how can I continue this appeal case? Where else I can apply for this appeal?
I will really appreciate any positive comment or advice on this matter.
Please just advise me on what I asked.

Thanks for your time and help.
They wont give you permission to appeal further.

The best possible option is to prepare a fresh application for Tier 4 re-apply and withdraw your appeal. But make sure you re-apply before they refuse you to appeal.
Can he do apply for Tier - 4? I have asked a few immigration lawyers and they have different opinions. Have you seen any such application be successful?

mackjack
Newly Registered
Posts: 3
Joined: Sun Jan 13, 2013 12:46 am

Re: Appeal and next options?

Post by mackjack » Sun Jan 13, 2013 12:51 am

Hey there

did you apply for a fresh student application after your appeal was rejected at court of appeal?

I heard fees for court of appeal is somewhere around 5-6K .could you confirm t that?


helpingperson wrote:Hi

student visa extension was refused due to deception in PSW application but i was given appeal right for student visa application.
First tribunal and upper tribunal dismissed my appeal.
We appealed to Upper Tribunal to get permission to appeal to court of appeal but they refused.
Upper Tribunal gave option to apply directly to court of appeal for permission to appeal to court of appeal.
Now have submiited application to court of appeal to get permssion to appeal to court of appeal.

Now two questions.

1.What options I have if court of appeal refuses my application for permission to appeal to court of appeal?

2.What options I have if court of appeal accepts my application for permission to appeal to court of appeal?



I think they will refuse my application for permission to appeal to court of appeal.
I want to buy time as much possible and keep status legal,I will have some other options if my status stays legal and this appeal keeps going.

I just want to know how can I continue this appeal case? Where else I can apply for this appeal?
I will really appreciate any positive comment or advice on this matter.
Please just advise me on what I asked.

Thanks for your time and help.

Khizar
Junior Member
Posts: 78
Joined: Thu Apr 11, 2013 10:18 pm

Application refused, Appeal refused

Post by Khizar » Sat Jun 01, 2013 1:09 am

Can anyone please advice me that if an application is refused by HO on some grounds and applicant has been given right of appeal, and applicant goes for oral hearing and gets refusal from the court. Can applicant still make a fresh application with in 28 days, after the refusal of appeal whilst his existing visa is already expired?
Thanks in advance

alpha2013
Newbie
Posts: 34
Joined: Fri Feb 08, 2013 12:43 am

Re: Application refused, Appeal refused

Post by alpha2013 » Sat Oct 26, 2013 9:55 am

Khizar wrote:Can anyone please advice me that if an application is refused by HO on some grounds and applicant has been given right of appeal, and applicant goes for oral hearing and gets refusal from the court. Can applicant still make a fresh application with in 28 days, after the refusal of appeal whilst his existing visa is already expired?
Thanks in advance
Yes still fresh application can be made in 28 days period after refusal of appeal and no need to withdraw appeal application here because the appeal procedure ended at this point.

It too late to reply but hopefuly it would be helpful for others. Good Luck Evryone.

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