No representation from the HO at the appeal.

[deepakmehtauk]

Hi,
I am a 35 yr old British Citizen.
I had applied ILR for my 64 yr old widowed mum as my dependant.

Without going into too much detail, I was aware that at 64 we would need to prove compelling compassionate circumstances. I was convinced that our circumstances were compellingly compassionate & we had very good evidence to prove that aswell.

Anyway, after about 10 months of original application, we received notice of refusal. We appealed. I then engaged a solicitor who was reasonably confident but said that there were no guarantees in immigration.

Our appeal was heard 2 weeks ago. The HO did not send any representation at the appeal hearing !!!!!!

We received the determination yesterday which has upheld the appeal & granted her ILR.

Now my question is - should we read anything into this ? If the HO does not send any representation at the hearing, does it mean that they will not re-appeal against the decision & even if they do, can our solicitor/barrister argue that they should have sent a representative the first time around ?

Thanks in advance,

Deepak.

[gollywood]

In a slightly similar situation to you, but HO did send a rep at the appeal - but they might as well have sent a wax works dummy for the all the good that she did!

I just recvd my determination - and obviously now waiting for another 28 days in which they can appeal.

But I am led to believe it is just a formaility - if they could be bothered to turn up, I think you'll be fine.

[RAJ2007]

I believe Ho will not re-appeal. Normally if they are not confident about any case or they have got no ground to appeal they don't appoint any HO representative.

Just wait for the HO to contact you to send your parent's passport. it could be long wait, normally 2-3month.