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Letter from Upper Tribunal

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wpilr_nov12
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Joined: Wed Mar 07, 2012 11:13 pm

Letter from Upper Tribunal

Post by wpilr_nov12 » Thu Jul 18, 2013 1:47 pm

I am looking at a letter from Upper Tribunal with the following details:

Appelant : My friend's name
Respondent : Home Office
Date lodged: July 2

My friend had appealed an earlier UKBA decision on ILR application, and was heard at a First Tier tribunal in June (18th). Effectively, in my friend's understanding, the judge there 'instructed' UKBA to approve his ILR application.

Neither he nor his solicitor has appealed with the Upper tribunal, as far as he is aware.

My friend's (and mine too) question is - has the Home Office lodged an appeal in this case? or was the First Tier Tribunal judgement not in his favour in the first place?

Thanks
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prince.07
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Posts: 57
Joined: Wed Jul 15, 2009 1:06 am

Post by prince.07 » Thu Jul 18, 2013 10:18 pm

Sorry, your friend lost his appeal at the first tier. He appeal the decision of first tier with Upper Tribunal. Let him clarify from his representative. Goodluck

Android-Guy
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Posts: 29
Joined: Tue May 21, 2013 10:44 am

Re: Letter from Upper Tribunal

Post by Android-Guy » Thu Jul 18, 2013 11:43 pm

wpilr_nov12 wrote:I am looking at a letter from Upper Tribunal with the following details:

Appelant : My friend's name
Respondent : Home Office
Date lodged: July 2

My friend had appealed an earlier UKBA decision on ILR application, and was heard at a First Tier tribunal in June (18th). Effectively, in my friend's understanding, the judge there 'instructed' UKBA to approve his ILR application.

Neither he nor his solicitor has appealed with the Upper tribunal, as far as he is aware.

My friend's (and mine too) question is - has the Home Office lodged an appeal in this case? or was the First Tier Tribunal judgement not in his favour in the first place?

Thanks
Unfortunately HO has appealed against the First Tier Tribunal decision, you have to wait until First Tier Tribunal reply to the HO appeal if they think the appeal is disproportionate and have no grounds or Judge hasn't made any error in the law, but even after that it can be take further to Upper tribunal if First tier will not respond. They will write to let you know what the outcome is. Usually takes around 7-10 working days or more.

This simply means that they have asked First Tier Tribunal if they can go to Upper tribunal. First judgement still remains valid.

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Choc-Ice
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Posts: 245
Joined: Tue Mar 26, 2013 7:58 pm
Nigeria

Re: Letter from Upper Tribunal

Post by Choc-Ice » Fri Jul 19, 2013 1:34 am

wpilr_nov12 wrote:I am looking at a letter from Upper Tribunal with the following details:

Appelant : My friend's name
Respondent : Home Office
Date lodged: July 2

My friend had appealed an earlier UKBA decision on ILR application, and was heard at a First Tier tribunal in June (18th). Effectively, in my friend's understanding, the judge there 'instructed' UKBA to approve his ILR application.

Neither he nor his solicitor has appealed with the Upper tribunal, as far as he is aware.

My friend's (and mine too) question is - has the Home Office lodged an appeal in this case? or was the First Tier Tribunal judgement not in his favour in the first place?

Thanks
Just like Android-Guy said, the HO has decided to appeal the decision from FTT by lodging an appeal to the UT..So the case might proceed to UT if allowed.

Good luck!
IMpossible is 2 letters to long!

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