ILR refused

[monirojjaman04]

needs some expert opinion.I am in bizarre situation.

part 1.
i came in UK in 01/04/2005 and until 30 october 2012 i had continuous residency.
29th october 2012 applied for TIER1 entrepreneur but application was sent back on 17/11/2012 due to fees issue, they couldnt take fees from my account. i sent the application back with new payment on 10/12/2012. my application was refused without any appeal right. HO said i am not eligible for appeal because my application was sent after my current leave expire. i appealed for appeal right and judge dismissed HO decision under BASNET ukut000113 rules that HO couldnot provide any evidence that they tried to take payment , therefore judge decided that my application was made in time and i should have appeal right.

part 2
02/10/2014 my appeal was dissmissed by upper tribunal and I made a fresh FLR(O) application on 27/10/2014
01/04/2015 while waiting for FLR(O) decision i resubmit ILR(long residency) application but got refused for TOEIC with appeal right.

part 3
my application was refused solely for TOEIC exam and my hearing was on 16/10/2016 in newcastle. 15/10/2016 at 5pm my solicitor received a fax from respondent that my 10 yrs continuity has broke in 30/10/2012 as my application was sent after my leave expired.
i went to court hearing after a long debate between my barrister and HO representative , HO has REQUESTED TO WITHDRAW APPEAL.
and next day i received a court letter that says the respondent has withdraw their appeal.

Now i am wondering what is happening is that means i will get my visa or will they refuse me again under sectionC 28 days exampt. HO argument was my 28 days examption i have taken it in 2012 when i sent my new fees details( but i didnt know that time court has considered my application made in time).
so in 02/10/2014 i am illegal since coz i should not have 28 days examption that time.

[noajthan]

It is bizarre why many T1 visa holders post everything in T1 forum when this case, for example, clearly relates to ILR.

Moved to appropriate forum.

[monirojjaman04]

Thanks for moving the post..I was not sure which forum to use.

[longhorn]

my application was refused solely for TOEIC exam and my hearing was on 16/10/2016 in newcastle. 15/10/2016 at 5pm my solicitor received a fax from respondent

hearing was on 16/10/2016 and your solicitor received fax on 15/10/2016 ? I am completely baffled with your dates. Unless We have travelled back in time, I thought we were still in August 2016. Did you mean to say 15/10/2015 and if yes, how come you are posting it after 9 months ? any new developments on your case ?

[monirojjaman04]

Thanks longhorn for pointing that out..didn't realise ..
My hearing was 16/08/2016 and my solicitor got fax on 15/08/2016 I meant..

[longhorn]

When HO withdraws a decision, it doesn't always guarantee a visa. They decided that your refusal was not correct. It may either result in a grant of your visa or may result in another refusal with the new/old/new+old grounds of refusal. Had they gone with the appeal against your current refusal, and had you won it, it would have been really difficult for HO in law to raise new grounds of refusal which were already available to them but were previously ignored. This is because the upper tribunal arguably only checks for an error "in law" not an error "in fact" when reviewing FTT's decision.

One good thing that I can share with you is that one of my friend has recently won his appeal on TOEIC issue.

I don't think you can do much for now apart from sitting tight and keeping your fingers crossed. All the best.

[monirojjaman04]

Thanks Longhorn..
My application was refused for TOEIC but amazingly nobody didn't ask me a single questions about it.
HO submitted these old witness statements of Ms Collins and Mr Millington. Judge branded them back dated and unacceptable.
Just one more question. .as we know Home Secretary has appealed against Qadir/SM decision and there is another hearing on 25-26th October. Do u think HO will keep me on hold for that outcome...
Thank you again.

[longhorn]

HO submitted these old witness statements of Ms Collins and Mr Millington. Judge branded them back dated and unacceptable.

I am Just a bit confused here. I thought you said that HO withdrew their decision ? Did you still have a hearing ? If HO had requested to withdraw, did the judge still go on to comment on their evidence branding it backdated ?

Just one more question. .as we know Home Secretary has appealed against Qadir/SM decision and there is another hearing on 25-26th October. Do u think HO will keep me on hold for that outcome...
Thank you again.

Honestly, I don't really know. I have never taken TOEIC. What I think doesn't really matter anyway. The only reason why I have kept interest in TOEIC is because a couple of my friends got badly effected by this issue. In my opinion, if HO have found another reason why they could refuse you (e.g. the break in residency you earlier suggested), they wont have to wait for the hearing and can take a decision earlier. You may find it interesting that my friend who won the appeal for TOEIC issue, had it challenged by HO in UT but its been a longtime and he has since not received anything either from HO or from Court. His solicitor reckons that they are waiting for the court of appeal's decision before UT either grants or declines the HO's permission for a review of FTT's decision. Its all a mystery at the moment.

[monirojjaman04]

hi guys its been while,
got my ftt decision and its was a good one my appeal was successful but received a letter from the court today saying HO has Appealed against the decision.

so frustrated this is. does UTT usually allow the appeal ??

[cyclina1]

I really don't understand why the HO would appeal, this to me just definitely having the target to deport people. From the post you showed your english level must be far better than what the HO required (B1). I hope I am right: likely you are just the victim of those TOEIC scandal, and no mean to corrupt the examiner to get the pass. Lawfully, the HO can appeal but if they can go back to the common sense: your english level is already much better than B1. The HO should clearly believe that you don't need to cheat in the first place.

[monirojjaman04]

thank you cyclina1.
this is exactly what the judge said. HO barrister interviewed me for 45 mins in front of the judge and this is what the judge said " i never had a doubt for one second that he had fraudulently obtain TOEIC certificate".
had a chat with my solicitor and he said HO has to show UTT tht there was an error of law in that decision that FTT made.
i only can hope for the best.

[monirojjaman04]

had my upper tribunal hearing on 11th January and received my court decision on 30th January. Court has dismissed HO Appeal and decision stays as it is. Was wondering if HO will go court of appeal but received a letter today tht says they're offering me the court fees back haha.
Buzzing absolutely buzzing finally it comes to an end folks, waited 6 years for this moment.

[Jabir314]

had my upper tribunal hearing on 11th January and received my court decision on 30th January. Court has dismissed HO Appeal and decision stays as it is. Was wondering if HO will go court of appeal but received a letter today tht says they're offering me the court fees back haha.
Buzzing absolutely buzzing finally it comes to an end folks, waited 6 years for this moment.

Hey could you please describe what question home office asked you. Please share some information I’ve got court next month. Bit nervous

Many thanks

[monirojjaman04]

Depends on ur case really. I had interview with HO about Toeic when I applied before got refused. then when went to court in FTT they asked me about my personal life like why I don't wanna go back, what tie do u have in this country. my education background, any criminal offence