Permission Granted on 14 Feb,2013.
the last date of appeal against the decision of Khatel and others was 1 Feb, they lodged it on 8 feb and got permission on 14.
the appealed under rule 44, after 7days.
their main point is section 85A (4a)
4)Where Exception 2 applies the Tribunal may consider evidence adduced by the appellant only if it—
"(a)was submitted in support of, and
at the time of making, the application to which the immigration decision related,"
But new evidence was not submitted to the tribunal but the HO before they made decision.
"Again (2)Exception 1 is that in relation to an appeal under section 82(1) against an immigration decision of a kind specified in section 82(2)(b) or (c) the Tribunal may consider only the circumstances appertaining at the time of the decision."
HO took consideration of the evidence for awarding points to every attributes other than award date and English point. They can not consider one issue and ignore other.
At the end of the day, all psw award after 4 april is on hold at the moment.
no hearing date has been given from court of appeal.
vishwen wrote:Dear all, I received a letter from the treasury solicitor on the 25 feb 2013' and stated that, they made an application in the court of appeal on the 8 feb 2013.They want me to agree for a stay , which mean they are asking the judge to put my application for judicial review on hold, while they are waiting for a decision in the court of appeal. But my solicitor refused and we send them a letter today state clearly that as long as KHATEl AND OTHERS case still remain the same, we will not agree with the consent order from them. So guys, if you have any updates, please share, as long as we are concern, we don't know whether permission is granted or not. Pleas post any updates.