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Appeal withdrawn before going to tribunal - 320 (11) refusal: overwhelmed and confused

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Appeal32011
Junior Member
Posts: 84
Joined: Sat Sep 09, 2017 8:54 am
United Kingdom

Appeal withdrawn before going to tribunal - 320 (11) refusal: overwhelmed and confused

Post by Appeal32011 » Wed Jan 03, 2018 2:19 pm

Hi all

This is potentially the most important day of my life, thus far (but should I start celebrating). I've just received what could be the best news in the last 12years. I submitted a UK spouse visa (entry clearance) application in April, which was refused in July on the basis of 320 (11) due to fact that I overstayed my visit visa for almost 12years (i travelled to UK in my mid teens) and undertook 2 university degrees (Bachelor's and Master's). I sent an appeal, also in July, and was preparing for a tribunal date because most people (especially those on this forum) told me that 320 (11) refusals never get overturned, but I was told by the tribunal today that the appeal was withdrawn on 18th December and a letter of determination was sent to my solicitor. I called the solicitor, who was surprised, but she told me that she has to look for the letter and I have to wait.

Although I'm a bit overwhelmed, I don't know if I should start celebrating. Does an application withdrawn and a letter of determination mean I'll finally get UK residence visa after waiting for 12 years!!!

jane2018
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Posts: 29
Joined: Sun Nov 26, 2017 4:51 pm
United States of America

Re: Appeal withdrawn before going to tribunal - 320 (11) refusal: overwhelmed and confused

Post by jane2018 » Wed Jan 03, 2018 3:02 pm

Congrats!
My solicitor and my barrister told me that the Home Office sometimes gives up fighting the case against you, usually when the Home Office thinks that an applicant/appelant has high chances at the hearing at Tribunial. It would be pointless and wasteful to fight something they know they are likely to lose. Thus they drop it when they realize that.

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seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
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United Kingdom

Re: Appeal withdrawn before going to tribunal - 320 (11) refusal: overwhelmed and confused

Post by seagul » Wed Jan 03, 2018 3:14 pm

Sometimes HO consider to stop fighting rather to issue some temporary discretionary leave because they can trap back same person in later stages such as arrival on airport or good character requirement etc
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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