Fresh Application after UT refusal

[Fazer_1985]

Hi Guys,

Is there anyone whos FTT appeal was allowed and and he got refusal in UT ?

In my upper tribunal appeal judge said HO is right and gave two options to my lawyer, 1) withdraw appeal and apply fresh application or 2) he will go with his decision .

My barrister withdraw the appeal and now I am applying as fresh application.
The question I have is "since when my 28 days start for new application ? from the date of UT appeal or after receiving the letter from Upper Tribunal ? Currently I am counting days from UT appeal because I havent received any letter from upper tribunal yet".

My Upper tribunal appeal was on 02-May-2014.

Will be really grateful if anybody can advise me on this.

[Laila007]

This is such a good question. I am in a similar spot! There is a serious lack of guidance on this from the UKBA and from solicitors who all give different opinions instead of facts.

If you managed to get an answer to this question, please share.

[tanvir1985th]

from the day of appeal withdrawal or dismissal+ 2 business days(unless u appeal again) or exhaustion of appeal right

[Fazer_1985]

Thank you tanvir for your reply.

[Olasunkanmi]

@ Fazer_1985, since your lawyer decide to withdraw appeal then the 28days start from the date of the withdrawal.

Your lawyer could have waited for UT decision rather than withdrawing the appeal on his own because you now have limited time to make your fresh application.

Hope you have all the required documents for your fresh application? if not then I will advice that you ask your lawyer to re-instate your UT appeal as you have 30days to do this so as to have more time to prepare for your fresh application.