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Hi Laila,Laila007 wrote:OMG! I just got the exact same reason for refusal today! They didn't even use the correct dates of refusal from last year (my first in time application!) And I absolutely did NOT OVERSTAY! OMG! This is such a waste of time.
dot3 wrote:Hi Fonzo,
You said below and I think the problem is with your timing. You know appeals have to be made within 10 days. 14/8/13 to 30/8/13 is 16 days. Even if you minus 2 days for posting and additional 2 days incase it fell on weekend, you will still have 12 days. It seems your appeal went in late. Unfortunately, they did not tell you in the reason for refusal. They only said the home office is not under obligation to request for additional information. I suspect you have quoted that you expected them as a requirement to contact you for any query or additional information. When they said that they should have also added that the appeal was out of time.
So finally when they did not grant you permission to upper tribunal, you put in fresh application and that was the spot they were now calling your attention to out of time application. They are not even talking about your section 3D. Technically, you were once under section 3d when your appeal was pending for almost 8/9 months.
sorry if I may ask, why did you wait for more than 10 days to submit your appeal in august 2013?
What is the current situation of things now? If still the same, your option may be looking at human right application which an overstayer can apply under depending on your circumstances because any other leave to remain under point base or under immigration rule will always fall back on 28 days. Human right applications is outside the rules
Wishing you all the best.
14.08.2013 Application refused based on the fact contracts did not have clients’ telephone number and email address for clients
30.08.2013 Appeal made to the First Tier Tribunal
01.04.2014 First Tier Tribunal dismisses appeal on the basis that the Home Office did not have an obligation to request further evidence at the time of the application.