Appeal Allowed but challenged

[Shah05]

Hello everyone,

http://www.immigrationboards.com/uk-tie ... 53147.html

I attended appeal on 30th January and recieved letter on 6th feb 14, quoting appeal allowed.

Just today received a letter which is, 'acknowledge receipt of an application to appeal to upper tribunal'.

I just want to ask do they definitely get permission for UT? Or there are any chances for getting denied from UT?

[kkadiya]

Don't worry within 1 week u got ground of arguments letter from court. then 4 to 6 week hearing date. I am in same boat . I m waiting for date.

[Shah05]

@kkadia, thanks. Have u recieve the grounds?

[Princess of Ammi]

as far as I could think it relates to degree provision that you said your lawyer's fault however you appeal against their decision allowed as you said. only thing I can think of is, if even you lawyer(having your degree in hand) did not provide the degree at the time of application but mentioned that there is a document as this within supporting Documents and your appeal is allowed based up on evidential flexibility you dnt need to worry but if your lawyer did not provide the document nor mentioned as listed documents within those supporting document at the time application it may get serious for you because in an absence of a mandatory document such as degree they are not prepared to remind an applicant unless mentioned within list that it is being provided is a down fall in your case.

[kkadiya]

I got ground of ho argument is that we didn't sign declaration in application. but we submit new declaration in ft appeal. judge accept on evidence flexibility. Ho said that judge should not allowed to accept new docs.

[Shah05]

@kakadia, I think you should be fine. but its so unpredictable sometimes, if there will be a lenient judge he might allow once again. so have you received the date of UT hearing?

when I received In the letter after my hearing on 6th feb 2014, they mentioned;

1. the appellant have discharged the burden of the proof on them to the required standard in the case of nature.

2.I find that the decision of the respondent were not in accordance with the law and relevant immigration rule.

3. The appellant appeals against refusal of leave to remain are allowed.

4. I allowed the human right appeal.

no anonymity direction is made.

In my case, my solicitor made argument that I had put my website pages, there is a question of one click to access the all information from the website, that would have described the nature of my services. and other thing he said I have previously granted PSW on basis of Degree certificate. So judge agreed on that point and he allowed my appeal. But it was bit weird that HO lawyer didnt ask or mentioned single point regarding rejection points. He was mainly concentrating on business activities.

So I am now thinking on what basis they have challenged the decision to UT!!!

any suggestions?

[Shah05]

Any more opinion guys?