Immigrationboards.com

Hi,

I need help with my case.

My ILR is refused with right of appeal.

Reason: Leave conditions were not extended by virtue of section 3c.

On 20th of June 2011 my 2nd student visa extension for one month to submit dissertation was refused with appeal rights based on a point that CAS Doesn't state that applicant has been assessed at B2 level (All other students got extension with same wording CAS letter and also it's my second extension for only one month)

But i received it on 26th of September 2011.
In between i completed my studies(around end of July 2011)

After that i went to solicitor for help, he did an 'out of time appeal' on 5th of October which is accepted, to make my stay lawful.
Then he withdrew appeal on 26th October 2011 and applied for Post study visa which was granted.

After that all visas successful until now.

Before dropping ILR, i got subject access request to find out why the delay in post:

1) Home office sent it to my home address on 20th June but it went back to them

Reason is clearly written on the post cover that "address is unknow"
Which is different from 'person refuse to take it' or 'person is not in that address'
It's clearly post man's fault, as i am getting other letters to that address and also very clear on post cover.
But postman failed to deliver.

I still got post cover as a proof.

2) Then Home office sent it to University but no one contacted me at least by email or phone.
Again it went back to Home office on 27th July 2011

3) I tried to contact Home office for update as i completed my studies, when i call them they said i need to wait at least 3 months.

4) On 20th September i have notified Home office about the change of address, then they sent it to my new address on 26th September.


Based on the above points they said discretion can't be applied

Reason: It is considered that original refusal decision was sent to the address we held on file for you, and the onus is on you, the applicant, to inform us at the earliest opportunity of any change of circumstances including change of address to prevent any delays with your application.
As such ILR is refused.

There is no negligence from my side.

Can someone please suggest me what are the possibilities of winning appeal?

Thanks
Kumar

Depends on when you changed your address. If the refusal was not served properly and you informed the HO regarding your changes, then you have a chance to win

Thanks for your response, I changed address in September 2011 and informed the home office.Then only they sent it to my new address

Does the protection of section 3C extend to out of time appeals?

So not HO fault then as you didn't update them in time at all.

Does the protection of section 3C extend to out of time appeals?

My understanding is it does not.

CR001 wrote: ↑

Wed Feb 06, 2019 7:09 pm

So not HO fault then as you didn't update them in time at all.

Does the protection of section 3C extend to out of time appeals?

My understanding is it does not.

Hi I have updated home office about change of address in time
As i moved to new address in September 2011.

On 24th June 2011 it's not delivered because "Addressee unknow" (Reason from postoffice) which is a fault of postoffice.
I was in that place only in that time until september 2011.

And i applied for 1 month extension on 31st May 2011.
If i am changing address i would have given new address while applying for visa.

The decision was done in 20 days.

And also refusal decision is an error.

And no correspondence email or phone call in between 24th June to 26th September from Home office or University about the post.

I know it's my responsibility to update change of circumstances which i did in September
But the post which is returned to home office in June is not at all my fault as i was still living in that address
No info about that post at all

There is no negligence from my side as i completed my studies in between 24th June to 26th September and tried to get in touch with home office to get an update about application.
As i am ready to apply for PSW.

But they told me to wait atleast 3 months to get an update

kumar123456 wrote: ↑

Wed Feb 06, 2019 7:45 pm

CR001 wrote: ↑

Wed Feb 06, 2019 7:09 pm

So not HO fault then as you didn't update them in time at all.

Does the protection of section 3C extend to out of time appeals?

My understanding is it does not.

Hi I have updated home office about change of address in time
As i moved to new address in September 2011.

On 24th June 2011 it's not delivered because "Addressee unknow" (Reason from postoffice) which is a fault of postoffice.
I was in that place only in that time until september 2011.

And i applied for 1 month extension on 31st May 2011.
If i am changing address i would have given new address while applying for visa.

The decision was done in 20 days.

And also refusal decision is an error.

2 reasons on post cover from Postoffice.
"Address not know" and "Addressee unknow"