If no appeal right

[hey]

Hi friends.

I want to ask something as I can't go on solicitors words only.

My solicitor says if I don't get appeal right becoz of out time application (payment didn't through). Then we can ask for permission to appeal in a court.

Also he is saying most of people who had out time application becoz of payment issue can get appeal right.

Is that something true. ?

Please I m waiting for ur answer.

Tha so

[hey]

I request senior member to share their knowledge.

[Princess of Ammi]

a permission of appeal leading to a grand of an appeal right is subject to proven fault if UKBA mishandled the details resulted payment decline but when if it is down to applicant's fault with whatever reasons did it happen there is not anything to do but regret.

[hey]

@ Princess of Ammi

I am dependent and been to this contry nearly 9 year and 3 month. Long story to short, provided two cheques. And one of the cheque was not presented in bank so we call them. Streight away they sent everything back. Then we found that in cheque I made spelling error in words. That's why they hold my application and made it invalid.

They told although we present cheque it was not clear. And my bank said there is not any cheque presented.

Do u thing in this scenario, I should try to ask for apeal right.

[cpmlkhan]

Hello HEY,

Sorry to hear about that.I thing you should ask them to appeal. Yes it is true that If anything is not up to the UKBA standard e.g pictures or payment methods they invalid your application and do not give you appeal rights.
In your case where you have spent 9 years, you should be given a chance man. Try to send another application instead of appeals stuffs mate. This is my advice to you.

BEST OF LUCK

[Olasunkanmi]

@ Hey, the best option is for you to first submit an appeal form and you might be lucky to be given an appeal right by the judge, but if that's not successful, you can then go for judicial review and not a fresh application.

Your judicial review success will depend on your refusal reasons and do state your refusal points so members can give their advice on your chances of success.

A point to note though, HO are now very reluctant in pursuing full JR hearing as they are losing lots of cases and they now request for JR withdrawal to reconsider cases, so you might be lucky to get reconsideration request which will automatically revert your application date to the same date you first submitted as the first decision will have to be withdrawn by HO.

Submitting a fresh application is not a good idea because your overstaying period started since your visa expires as you were not given section 3C extension of leave, so any subsequent application will be refused automatically and will further complicate your case.

[hey]

Thanks guy for your time.

@Olasunkamni

Actually I have made in oct 2012 200k route application. I got refusal on April 2013 because of third party bank letter. Because I had visa valid at that time I was not given appeal. So went for JR.

Now after 2-3 extention ukba did not answer so judge looked in to my case and ask for hearing payment. This I paid in aug 2013 till now still waiting for hearing date.

In JR we ask them to settle the case out of court. We requested them to consider my fresh application in time. But no reply.
The reason we ask this is I don't have 200k available now. This is my full story.

Now what u suggest.

Thanks

[sheikh123]

@Olasunkanmi
Brother hope u will be fine, as i m reading all your post which is really helpfull for all the users. Plz i need ur detail reply in my case.
I applied Ent in 2013 which has been refused, and my appeal was dismissed as well. As per ur instruction i applied permission for UT from FT but they refused my permission as well. Although i m going to UT any way.
Plz tell me that UT will give me hearing date or they will accept my application or not? the second questions is that if i want to apply fresh should i use the same company as i used it first time as i used this company with my Ent team member as well and her application is still waiting for decision.
Another question as i came in UK Dec-2005 on student visa can i apply my new application as student in Level-8 course or PHD course as you can see that i have only left 2 years for my long residency case for ILR.

Plz advise me in detail what should i have to do plz

[Olasunkanmi]

@ hey,

Actually I have made in oct 2012 200k route application. I got refusal on April 2013 because of third party bank letter. Because I had visa valid at that time I was not given appeal. So went for JR.

Now after 2-3 extention ukba did not answer so judge looked in to my case and ask for hearing payment. This I paid in aug 2013 till now still waiting for hearing date.

Did you try to contact the tribunal for an update on your JR application or hearing date?

In JR we ask them to settle the case out of court. We requested them to consider my fresh application in time. But no reply.
The reason we ask this is I don't have 200k available now. This is my full story.

You need to make sure that you still have access to the 200k as not doing so might affect your case if you are asked to present an updated bank statement.

From your statement, it seems your fresh application is still pending? If this is the case, then you just have to wait for the result before taking any action.

[Olasunkanmi]

@ sheikh123, it will be easier if you can start a different thread for your questions.