LONG RESIDENCY REFUSAL AND APPEAL date given after 18 months

[hussy7177]

The facts of the case were already established during First Tier's decision. If the HO didn't appeal against FTT's decision and issued you the visa, they should not refuse you on the same grounds again unless though highly unlikely some new evidence has emerged since then that proves on the balance of probabilities that your bank statements were forged. I personally don't think that you need to provide any further supporting document from bank to prove that your bank statements were not forged because the facts were already established during your appeal. Also, unless HO have raised any other issues, just focus on the reasons of refusal.

I would advice you to speak to a good solicitor and appeal against it.

Hi moderator,
After nearly 18months I have received the bundle from home office and it has the same evidence (verification report of august2010) which they failed to put it in front of the judge in ftt because of which judge allowed my appeal.
Now it’s been approx 7 years and they have used the same old evidence against me ajd refused my long residency because of that.
Can I please have some comments or directions from moderators.
Any help would be appreciated

[Obie]

If they had that evidence but failed to put it, then it will be an error of law for a future judge to accept it, it will amount to an abuse of process, having more than 1 bite of the cherry, and the tribunal must not accommodate, if you are able to show that the passage of time has deprived you of an opportunity to put in a robust defense.

[hussy7177]

If they had that evidence but failed to put it, then it will be an error of law for a future judge to accept it, it will amount to an abuse of process, having more than 1 bite of the cherry, and the tribunal must not accommodate, if you are able to show that the passage of time has deprived you of an opportunity to put in a robust defense.

Exactly my point! and Not only that they had a chance to go to the upper tribunal to challenge it but they didnt they issues me the visa and after nearly 7 years they are using this deception issue and relitigating or revisiting the same issue which once they refused me on in 2010.i dont have any documents with me to prove my bank was genuine as it was closed in 2012.

obie is there any other cases like mine or any appeal cases similar to mine if you or any other members can send me a case or two similar to mine or appeal which went successful on these similar cases.

Once Again thanks a million for just writing that consoling paragraph for me since it is the most important hearing of my life i just want to get this right i have lived most of my conscious life here in this country.

thanks in advance.

[hussy7177]

I would like to say big thanks to moderators of this forum for their valuable input regarding my refusal of long residency.
the synopsis Are below:

-Applied for tier 1 tier general 2010 initially refused,allowed appeal with directions to remitted it back to the
case worker,re-refused again, UT allowed and then after going back and forth for almost 4 years they granted me tier 1 general

-jan 2016 applied for long residency after six months time they refused on same basis which they refused my 2010 tier application for.

-appealed and got the date of hearing after 18months ,day of hearing the judge allowed my appeal on the day of hearing.
ilr was granted after 2 months from the date of hearing.

-i would suggest everyone whose long residency has refused and theirs a previous judgement in your favour they simply cant have a second bite of cherry or re litigate the matter again.

thanks once again for your guys help and support.

[hussy7177]

If they had that evidence but failed to put it, then it will be an error of law for a future judge to accept it, it will amount to an abuse of process, having more than 1 bite of the cherry, and the tribunal must not accommodate, if you are able to show that the passage of time has deprived you of an opportunity to put in a robust defense.

absolutely spot on ,and the judge didnt on the day of hearing they came with the old evidence and judge refute it and he said he will allow my appeal,i got my ilr brp card yesterday.
thanks for this valuable feedback

[regularuser]

Congratulations for Success.

Friend on mind have same issue now he is eligible for ILR and went to different solicitors regarding his issue.

He came as student after 3 student extension, he applied for Tier 1 Ent. and got refused as same forge bank statement. He appealed in FTT and from HO no one turned up an in the bundle there is not evidence so FTT judge allowed the appeal and send back for reconsideration. My friends solicitor applied in UTT and asked permission and UTT judge also allowed the appeal because the lady came for hearing, she don't have any evidence to prove so judge allowed outright and visa issued. He also successfully extended his Tier 1 Ent.

Now he applied for his SAR report, He found that HO have verification report which is telephonic. He is worried that may be HO refuse his ILR because of previous allegation.

I will appreciate if you send me any case reference if you have for future reference.

Good Luck for the freedom.

[hussy7177]

this sounds like very similar to my case and frankly speaking if that is what happend in ur case where they refused the application on deception n at court they couldnt prove it n subsequently they have issues the visa then they cant use the same argument twice this would become as know the second bite of cherry.
please my simple advice to you is to do the set lr application through an expert and allow him to read ur history fully n tell him to attached the synpsis of events and hope the case worker wouldnt have no problem issuing the indefinite .