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please advise me on Asylum & Immigration Tribunal

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peteruk
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please advise me on Asylum & Immigration Tribunal

Post by peteruk » Thu Apr 10, 2008 9:58 am

Hi
Guys, I really need your advice. A few days ago, I had a court hearing. My lawyer and I went to the court and Judge decided to allow my appeal on the spot.
My lawyer said :Determination will be sent to the home office within 10 days and they have 5 working days to appeal after receiving the decision.
my Questions are
how often the home office challenge the decisions?
why do we (as appellants) have to have permission to appeal against the decisions and the home home office don't?
I am really worried I don't want to go through that again and also it take months to get a hearing date to review a decision
I am keeping my fingers crossed'

Jeff Albright
Senior Member
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Joined: Tue Jun 29, 2004 10:25 am
Location: Perth, Australia

Re: please advise me on Asylum & Immigration Tribunal

Post by Jeff Albright » Thu Apr 10, 2008 12:36 pm

peteruk wrote: My lawyer and I went to the court and Judge decided to allow my appeal on the spot.
Good news, this does not happen very often.
My lawyer said :Determination will be sent to the home office within 10 days and they have 5 working days to appeal after receiving the decision.
That's correct.
how often the home office challenge the decisions?
Quite often. More often than not.
why do we (as appellants) have to have permission to appeal against the decisions and the home home office don't?
They will also seek permission to appeal to the Senior Immigration Judge if they feel the judge has made a material error of law. If the Senior Immigration Judge believes that it was the case, he will grant permission and you will have another hearing 6-8 months down the road. If the permission is refused, they will have an option of applying to the High Court for another permission. If they are successful, then you will have another hearing. If the permission is refused or they do not seek further appeal to the High Court, you will be granted status as determined by the judge (you will have to chase the Home Office on this though).
I am really worried I don't want to go through that again and also it take months to get a hearing date to review a decision
Unfortunately it takes long to wait for the hearings before Senior Immigration Judge or the High Court. It is a legal procedure and you will have no choice than to wait.
You can always call the AIT after 5 days are up to find out if the Home Office have lodged an appeal. The Home Office will not notify you on this and it will take some time before the Tribunal sends you any further correspondence.

peteruk
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Joined: Thu Apr 10, 2008 9:28 am

Post by peteruk » Thu Apr 10, 2008 7:45 pm

Thank you Jeff, very helpful
I guess I have no options other than waiting
I hope the home office give up on my case and leave me in peace.

shdosd
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Joined: Thu Mar 09, 2006 5:49 pm

Re: please advise me on Asylum & Immigration Tribunal

Post by shdosd » Fri Apr 11, 2008 3:50 pm

Hi Jeff:
They will also seek permission to appeal to the Senior Immigration Judge if they feel the judge has made a material error of law.


is this just another way of saying Judicial Review?

many thanks

Jeff Albright
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Joined: Tue Jun 29, 2004 10:25 am
Location: Perth, Australia

Re: please advise me on Asylum & Immigration Tribunal

Post by Jeff Albright » Sat Apr 12, 2008 2:01 am

shdosd wrote: is this just another way of saying Judicial Review?

many thanks
I cannot remember what exactly it is called in this situation. JR is usually the process when you have no right of appeal to AIT, so you apply to the High Court.
When the Home Office lose the case with AIT, and appeal to the High Court, I am not sure what it is called. Check out the AIT website.

shdosd
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Re: please advise me on Asylum & Immigration Tribunal

Post by shdosd » Sat Apr 12, 2008 2:25 am

I cannot remember what exactly it is called in this situation. JR is usually the process when you have no right of appeal to AIT, so you apply to the High Court.
When the Home Office lose the case with AIT, and appeal to the High Court, I am not sure what it is called. Check out the AIT website.
Thanks very much Jeff, the reason I want to know is: my recent appeal was dismissed by the AIT, and I've already applied for JR, now my solicitor is saying that I could still file another appeal based on a different ground, does what he said make any sense? please

thanks very much!

peteruk
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Post by peteruk » Sat May 10, 2008 4:49 pm

I had a court hearing. My lawyer and I went to the court and Judge decided to allow my appeal on the spot.
It has been 5 weeks since the hearing dateand I have not received the determinations, neither my lawyer.
I am getting worried and I called the IAT costumer service, they said the decision is reserved and waiting for the immigration Judge.
The judge allowed my appeal in public hearing . can he change his mind?
Why do you think that delay to send the determination?
Is there something wrong because usually the determination should sent within 10 days according to IAT's website?
I dont know what to do. Any idea?

ricky
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Post by ricky » Sat May 10, 2008 5:19 pm

peteruk , just calm down mate ,don t kill yourself with stress, wait and seewhat those ***** will come up with

i hope the leave you alone

peteruk
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Post by peteruk » Sat May 10, 2008 11:26 pm

Thank you Ricky......... for your thoughts

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Frontier Mole
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Post by Frontier Mole » Sun May 11, 2008 12:22 am

This is a strange one!

Case allowed in court is not a common event. Usually happens when there has been a total disregard for law or policy by the immigration decision maker at refusal.

Reversed after allowed in court, never heard of that! I think you will need to see what the determination states once you receive it.

Time scale for determinations is not as clear cut as you might think. AIT has ten working days to get the determination ready for promulgation. Depending on the in or out of country status of the appeal sets where the determinations go thereafter. In country determinations route through UKBA prior to service. Determinations have to be served no later than six weeks after hearing. This effectively gives UKBA 28 days to serve once promulgated.

Your determination is still in time to be served if only five weeks since hearing. Sorry you will have to sit it out a bit longer.

peteruk
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Post by peteruk » Sun May 11, 2008 11:48 am

Hi Frontier Mole,
thank you for explanation. The decision is being reserved ie: no decision has been made on their system.
NOT reversed

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Frontier Mole
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Post by Frontier Mole » Sun May 11, 2008 2:07 pm

peteruk wrote:Hi Frontier Mole,
thank you for explanation. The decision is being reserved ie: no decision has been made on their system.
NOT reversed
Opps - where I got reversed I do not know - sorry too many late nights - well that is my excuse....

all the best

Chimpee
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Location: United Kingdon

Post by Chimpee » Mon Feb 06, 2012 9:33 pm

Any update on your case pereruk???

Chimpee
peteruk wrote:Hi Frontier Mole,
thank you for explanation. The decision is being reserved ie: no decision has been made on their system.
NOT reversed
15-09-11 Application Submitted
13-10-11 Refused
17-10-11 Appeal Sent
28-10-11 Appeal Acknowledged
05-12-11 Appeal Date: 30-01-12
13-02-12 APPEAL ALLOWED!
21-02-12 Call Letter Recieved
22-02-12 Submitted Passport
22-02-12 Visa Issued!! :D

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