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My Tier 1 PSW was refused on 12 of September 2012, because of Discretionary Leave (Outside Immigration rule to complete my study). I Appeal to Tribunal against their decision. On the day of hearing 10 of December 2012 UKBA representative withdrawal the appeal. On the 5th of January I have completed 10 years. 19th of January I did receive new refusal letter from UKBA but date was same (12 of September) and 22nd January I did receive confirmation from Tribunal that UKBA has withdrawn their decision. And immediately I have applied for ILR with Tribunal decision of withdrawn confirmation letter. I did not appeal against new decision to Tribunal.

1. Have I completed 10 years lawful residence?
2. Do I get £140 refund form UKBA ?
3. Is there any possibility my ILR application will be refused?

Thank you.

This is complicated.
What was the difference between the old refusal and the new refusal?

I think you will be fine.

Thank you vinny

On the new refusal letter last three para was added and everything was same even date.

Thank you "quantum1"

if the 'new' refusal letter had the same old date, then the Tribunal may consider it as withdrawn as well.

vinny wrote:if the 'new' refusal letter had the same old date, then the Tribunal may consider it as withdrawn as well.

Thanks for your reply vinny.

How they (Tribunal) consider it as withdrawn as I did not appeal for new refusal. I gave withdrawn letter(dated 16.01.2013) with my ILR application on 28th of January.

If the (new) refusal letter was dated before the UKBA's withdrawan letter, then surely the UKBA's withdrawn letter should also be applicable to the (new) refusal letter?