ILR SET(O) 10 YEARS AS A STUDENT-APPEAL TO UPPER TRIBUNAL
Posted: Thu Feb 17, 2011 2:55 am
I entered the UK on 29/05/2000 as a student. I applied for ILR on 10/06/2010 but was refused on 26/07/2010 with an appeal right based on the ff reasons according to UKBA:
- UKBA - You made application for LTR as a student on 31/01/2005 which was void as inappropriate and a further application was submitted on 03/02/2005 which was rejected on 11/02/2005. A subsequent application made on 02/03/2005 was granted from LTR from 18/05/2005 to 28/02/2006.
{My comment on this: I remember I omitted the Visa fee payment details section when I sent the application. I then paid by cheque with the payment details but UKBA said the cheque was not honoured which I doubted so I sent them Postal Order last time.}
- UKBA - You made a further app for LTR as a student on 03/03/2006, which was rejected on 16/03/2006. Another subsequent app made on 24/03/2006 was granted LTR from 13/04/2006 to 28/02/2007.
{My comment on this: My then College made the app on my behalf, but they said there was a problem on the cheque so I later paid by Postal Order.}
- UKBA - Refused me LTR on 07/06/2007 with appeal right but won the appeal on 13/08/2007 and then granted LTR from 27/11/2007 to 23/01/2009.
- UKBA - You made a further app for LTR as a student on 27/01/2009 which was rejected on 13/02/2009. A subsequent one made on 20/02/2009 was also rejected on 28/02/2009. On 16/03/2009 you applied again and was granted LTR as student from 17/12/2009 to 30/06/2010.
{My comment on this: Honestly, I posted the app on the 22/01/2009 because I collected my enrollment letter from the college which was dated 22/01/2009 and I also wrote a cheque for the Visa payment dated 22/01/2009 which I attached to the front page of the payment Details section and photo copied before posted but unfortunately I cannot find the postage receipt. Well, UKBA claims I had 2 rejections but I don't think so, apart from their letter dated 28/02/2009 which was 2nd Class posted on 04/03/2009 according to the envelope and I received on the 11/03/ 2009. This letter query about the payment which UKBA claim that my Bank did not authorised Debit/Credit Card details provided for payment mean while I did not and have never even used Debit/Credit Card for Visa fees payment.}
APPEAL DETERMINATIONFROM FIRST TIER TRIBUNAL: The IM Judge Dismissed my appeal with right to appeal to Upper Tribunal by picking on 27/01/2009 and Article 8 of Human Right, stating that "there was no mention of Article 8 from my Rep or myself both in writing/orally during the proceedings so she did not see the Respondent (UKBA) decision will affect me." Actually, I had no idea about Human Right Articles but I believe my Rep know because it's legal company. For the appeal to Upper Tribunal my Rep did not show any interest so I did it myself by quoting Article 8 after research but this is what the senior IM Judge said: " Permission to appeal is refused - The appellant in his grounds of appeal has raised article 8 issues.However. the IJ said at para 22 that the appellant did not address article 8 in his grounds of appeal against the respondent's decision and there was no evidence placed b4 her, either orally or in writing, which addressed the issue of article 8. I note that the appellant was represented at the hearing by Counsel. In the circumstances it is not arguable that the IJ made an error of law in her decision under article 8.You may apply to the Upper Tribunal for permission to appeal on a point of law arising from the First-tier Tribunal's decision."
I have 4 dependants that's my wife and my 10 years girl in year 5 both entered UK on 23/10/2003. We recently, have another girl and a boy both born in the UK on Sept 2009 and Dec 2010 respectively.
Please I need your help and advice on this, very urgent. I am sorry for this long post because I want everyone to understand the case.
Thank you in advance for your help and advice. May God bless you all.
- UKBA - You made application for LTR as a student on 31/01/2005 which was void as inappropriate and a further application was submitted on 03/02/2005 which was rejected on 11/02/2005. A subsequent application made on 02/03/2005 was granted from LTR from 18/05/2005 to 28/02/2006.
{My comment on this: I remember I omitted the Visa fee payment details section when I sent the application. I then paid by cheque with the payment details but UKBA said the cheque was not honoured which I doubted so I sent them Postal Order last time.}
- UKBA - You made a further app for LTR as a student on 03/03/2006, which was rejected on 16/03/2006. Another subsequent app made on 24/03/2006 was granted LTR from 13/04/2006 to 28/02/2007.
{My comment on this: My then College made the app on my behalf, but they said there was a problem on the cheque so I later paid by Postal Order.}
- UKBA - Refused me LTR on 07/06/2007 with appeal right but won the appeal on 13/08/2007 and then granted LTR from 27/11/2007 to 23/01/2009.
- UKBA - You made a further app for LTR as a student on 27/01/2009 which was rejected on 13/02/2009. A subsequent one made on 20/02/2009 was also rejected on 28/02/2009. On 16/03/2009 you applied again and was granted LTR as student from 17/12/2009 to 30/06/2010.
{My comment on this: Honestly, I posted the app on the 22/01/2009 because I collected my enrollment letter from the college which was dated 22/01/2009 and I also wrote a cheque for the Visa payment dated 22/01/2009 which I attached to the front page of the payment Details section and photo copied before posted but unfortunately I cannot find the postage receipt. Well, UKBA claims I had 2 rejections but I don't think so, apart from their letter dated 28/02/2009 which was 2nd Class posted on 04/03/2009 according to the envelope and I received on the 11/03/ 2009. This letter query about the payment which UKBA claim that my Bank did not authorised Debit/Credit Card details provided for payment mean while I did not and have never even used Debit/Credit Card for Visa fees payment.}
APPEAL DETERMINATIONFROM FIRST TIER TRIBUNAL: The IM Judge Dismissed my appeal with right to appeal to Upper Tribunal by picking on 27/01/2009 and Article 8 of Human Right, stating that "there was no mention of Article 8 from my Rep or myself both in writing/orally during the proceedings so she did not see the Respondent (UKBA) decision will affect me." Actually, I had no idea about Human Right Articles but I believe my Rep know because it's legal company. For the appeal to Upper Tribunal my Rep did not show any interest so I did it myself by quoting Article 8 after research but this is what the senior IM Judge said: " Permission to appeal is refused - The appellant in his grounds of appeal has raised article 8 issues.However. the IJ said at para 22 that the appellant did not address article 8 in his grounds of appeal against the respondent's decision and there was no evidence placed b4 her, either orally or in writing, which addressed the issue of article 8. I note that the appellant was represented at the hearing by Counsel. In the circumstances it is not arguable that the IJ made an error of law in her decision under article 8.You may apply to the Upper Tribunal for permission to appeal on a point of law arising from the First-tier Tribunal's decision."
I have 4 dependants that's my wife and my 10 years girl in year 5 both entered UK on 23/10/2003. We recently, have another girl and a boy both born in the UK on Sept 2009 and Dec 2010 respectively.
Please I need your help and advice on this, very urgent. I am sorry for this long post because I want everyone to understand the case.
Thank you in advance for your help and advice. May God bless you all.