Upper Tribunal

nagisons · Post by **nagisons** » Mon Nov 11, 2013 5:16 pm

Hi Everyone,

Last week i got my decision. Unfortunately Home Office has decided to do appeal against the decision. i Have received the letter kind of "NOTICE OF RECEIPT" from the Upper or First Tribunal today.

My application has been refused due to the Missing Document. The Missing Document was Current Appointment report.

would you be so kind if someone Help me about the

My questions are :

- How it works ?
- How Long it will take to get Hearing date?
- the Point of argue will be same as first tribunal Or just can argue on the decision.

Regards

Olasunkanmi · Post by **Olasunkanmi** » Mon Nov 11, 2013 5:18 pm

@ nagisons,

Can you state your appeal decision and the judge submission in allowing your appeal?

nagisons · Post by **nagisons** » Mon Nov 11, 2013 5:25 pm

DECISION:

- Appeal in the respect of Immigration rule is Dismissed.
- Appeal allowed on Human Right Grounds.
- No Anonymity direction is made.

Olasunkanmi · Post by **Olasunkanmi** » Mon Nov 11, 2013 5:31 pm

nagisons wrote:DECISION:

- Appeal in the respect of Immigration rule is Dismissed.
- Appeal allowed on Human Right Grounds.
- No Anonymity direction is made.

Was it your appeal that the judge added the human right to during your hearing?

nagisons · Post by **nagisons** » Mon Nov 11, 2013 5:36 pm

Yes,

Judge suggest my Lawyer to add Article 8. my lawyer did mention that we don't need to add this article. But Judge insisted to lawyer and the end my lawyer accepted his suggestion.

Olasunkanmi · Post by **Olasunkanmi** » Mon Nov 11, 2013 5:40 pm

nagisons wrote:Yes,

Judge suggest my Lawyer to add Article 8. my lawyer did mention that we don't need to add this article. But Judge insisted the lawyer. and the end my lawyer accepted his suggestion.

Ok, great, since your appeal was dismissed based on Tier 1 entrepreneur application, you need to focus more on the human right law. How old is your first child and how long has your first child been in UK?

nagisons · Post by **nagisons** » Mon Nov 11, 2013 5:42 pm

i have no Kids.

Olasunkanmi · Post by **Olasunkanmi** » Mon Nov 11, 2013 5:45 pm

nagisons wrote:i have no Kids.

On what basis did your lawyer add the human right reasons? How long have you been in UK?

nagisons · Post by **nagisons** » Mon Nov 11, 2013 5:45 pm

I'm in UK from Last four Years only.

nagisons · Post by **nagisons** » Mon Nov 11, 2013 5:54 pm

I'm confused Now. what shall I do?

Olasunkanmi · Post by **Olasunkanmi** » Mon Nov 11, 2013 5:58 pm

nagisons wrote:I'm confused Now. what shall I do?

You are very likely to have your lower tribunal decision overturn at the upper tribunal because 4yrs is not enough time to claim human right reasons in the present rule.

I will advice that you make plan for a fresh application if your business is already trading.

nagisons · Post by **nagisons** » Mon Nov 11, 2013 6:03 pm

My Question is:

- in the upper tribunal during the hearing they'll reconsider everything or they will just over look the decision?

I did PM you. Somehow its in the outbox.
Could you please contact me.

Regards

Choc-Ice · Post by **Choc-Ice** » Mon Nov 11, 2013 11:24 pm

nagisons wrote:My Question is:

- in the upper tribunal during the hearing they'll reconsider everything or they will just over look the decision?

I did PM you. Somehow its in the outbox.
Could you please contact me.

Regards

If they succeed in getting permission to appeal you'll need to get yourself a good lawyer as your article 8 will be challenged in UT and most probably be dismissed as Olasunkami said.. Good luck

nagisons · Post by **nagisons** » Tue Nov 12, 2013 7:37 am

Choc-Ice wrote:
nagisons wrote:My Question is:

- in the upper tribunal during the hearing they'll reconsider everything or they will just over look the decision?

I did PM you. Somehow its in the outbox.
Could you please contact me.

Regards
If they succeed in getting permission to appeal you'll need to get yourself a good lawyer as your article 8 will be challenged in UT and most probably be dismissed as Olasunkami said.. Good luck

Thanks for your advice.

Could you please Explain:
- How long It will take to get approval or dismissal from upper tribunal?

Dayyurite · Post by **Dayyurite** » Tue Nov 12, 2013 2:36 pm

Don't worry yourself,

First is unlikely they get permission to go to Upper simply because they were not present at the hearing which make it impossible for them to fault judge.

Also, if Upper give them permission, they will lose the case because they can never prove that judge was wrong because they did not know what was discussed in the court.

Relax

sabuj263 · Post by **sabuj263** » Tue Nov 12, 2013 6:32 pm

Dayyurite wrote:Don't worry yourself,

First is unlikely they get permission to go to Upper simply because they were not present at the hearing which make it impossible for them to fault judge.

Also, if Upper give them permission, they will lose the case because they can never prove that judge was wrong because they did not know what was discussed in the court.

Relax

I agree with Dayurite. Just relax. But be prepared yourself for fresh application, just in case. Time will say.

Olasunkanmi · Post by **Olasunkanmi** » Tue Nov 12, 2013 7:56 pm

Dayyurite wrote:Don't worry yourself,

First is unlikely they get permission to go to Upper simply because they were not present at the hearing which make it impossible for them to fault judge.

Also, if Upper give them permission, they will lose the case because they can never prove that judge was wrong because they did not know what was discussed in the court.

Relax

@ Dayyurite, the job of the upper tribunal judges is to identify errors in decision made by judges at the lower tribunal, so the upper tribunal judges have the jurisdiction to overturn lower tribunal decision regardless of the absent of either appellant or respondent at the FTT.

LEGAL SOLUTION · Post by **LEGAL SOLUTION** » Wed Nov 13, 2013 12:20 pm

well your appeal was not only granted on article 8 but also on article 6. so even in upper tribunal, it wont be easy to overturn the decision as you were not given right to be heard.

Lola22 · Post by **Lola22** » Thu Nov 14, 2013 11:52 pm

Am just wondering why your appeal based on immigration rule was dismissed and interestingly your appeal was allowed based on human right. Hhhmmhh!

Your appeal based on the home office refusal should not have been dismissed. What could have happened in court?
It is good as your solicitor agreed to use article 8. It would have been an outright refusal. Please, can you recollect what really took place in court?

I still can't see why your appeal was dismissed based on immigration rule to be honest.

dilowar07 · Post by **dilowar07** » Wed Nov 20, 2013 7:18 pm

[quote="Lola22"]Am just wondering why your appeal based on immigration rule was dismissed and interestingly your appeal was allowed based on human right. Hhhmmhh!

Your appeal based on the home office refusal should not have been dismissed. What could have happened in court?
It is good as your solicitor agreed to use article 8. It would have been an outright refusal. Please, can you recollect what really took place in court?

I still can't see why your appeal was dismissed based on immigration rule to be honest.[/quot

did you meant you were unable to submit document or you submit the document but home office lost it?

nagisons · Post by **nagisons** » Tue Dec 03, 2013 3:27 pm

Hello Everyone,

Finally i got my visa today. Alhamdullah.

I'm very thankful for everyone's Help.

specially:

- Rehan
- Riz
- Olasunkanmi
- Dayyurite

And My Lawyer.

Even those who support me.

Regards
JazakAllah

babylondoner · Post by **babylondoner** » Tue Dec 03, 2013 4:01 pm

nagisons wrote:Hello Everyone,

Finally i got my visa today. Alhamdullah.

I'm very thankful for everyone's Help.

specially:

- Rehan
- Riz
- Olasunkanmi
- Dayyurite

And My Lawyer.

Even those who support me.

Regards
JazakAllah

congrats bro.

did you win your case at the upper tribunal or did the HO rescind their decision to challenge the judgement from the lower tribunal?

sad.1 · Post by **sad.1** » Tue Dec 03, 2013 4:36 pm

congratulation really happy to hear this....i have my hearing in january 7 and one of my refusal point is missing current appointment report. can you please tell me who was your lawyer and what was the argument given in court please i ll really appreciate your reply as this will help me in my hearing thanks.

nagisons wrote:Hello Everyone,

Finally i got my visa today. Alhamdullah.

I'm very thankful for everyone's Help.

specially:

- Rehan
- Riz
- Olasunkanmi
- Dayyurite

And My Lawyer.

Even those who support me.

Regards
JazakAllah

sabuj263 · Post by **sabuj263** » Wed Dec 04, 2013 12:22 am

nagisons wrote:Hello Everyone,

Finally i got my visa today. Alhamdullah.

I'm very thankful for everyone's Help.

specially:

- Rehan
- Riz
- Olasunkanmi
- Dayyurite

And My Lawyer.

Even those who support me.

Regards
JazakAllah

You make me happy mate. A long journey but end is great. Congratulations and good luck for the future. Let us know what happened after notice of receipt.

Davmck70 · Post by **Davmck70** » Wed Dec 04, 2013 1:30 am

Congratulations!!!

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