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LTR Appeal query

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learner29
Newbie
Posts: 43
Joined: Fri May 19, 2017 2:14 pm
United Kingdom

LTR Appeal query

Post by learner29 » Sat Sep 15, 2018 5:19 pm

Hi All

Would be thankful if someone guides me through my immigration appeal.

I have received my appeal bundle from HOPO, but no evidence is included regarding the allegations made by the HO in their refusal letter, which was getting my Tier 2 visa by deception.

The allegations were regarding non compliance of my Tier 2 Sponsor and my involvement in it too. The evidence was never shared with me at that time when the HO visited my sponsor. Later, My sponsor licensed was revoked, and I received a curtailment letter, stating that I was not complicit in any non compliance of my sponsor, so my visa was curtailed to 60 days. I then applied for a new visa which was granted without any issues. After completing my 10 years when I applied for LTR 10 all of a sudden they are saying I was involved in deception.

I have received my Appeal Bundle now with no evidence provided by the HO regarding any deception. It is a bundle of my application form for LTR 10 i filled and my payslips.

So, my question is, if the HOPO do not provide any evidence in their appeal bundle for the hearing, how good are the chances of my appeal getting allowed. Also, is there any way they provide further evidence, later.

I ll be thankful if someone guides me.

User avatar
cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: LTR Appeal query

Post by cyclina1 » Wed Sep 19, 2018 11:16 am

The HO needs to present you the evidences only when the case goes to the court (JR). Appeal process is still the HO internal business.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

learner29
Newbie
Posts: 43
Joined: Fri May 19, 2017 2:14 pm
United Kingdom

Re: LTR Appeal query

Post by learner29 » Thu Sep 20, 2018 11:09 am

cyclina1 wrote:
Wed Sep 19, 2018 11:16 am
The HO needs to present you the evidences only when the case goes to the court (JR). Appeal process is still the HO internal business.
thanks for the reply...but totally illogical. Appeal process First Tier Tribunal for Asylum and Immigration is not internal. If they dont provide you evidence they lose the appeal.

User avatar
cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: LTR Appeal query

Post by cyclina1 » Thu Sep 20, 2018 11:35 am

learner29 wrote:
Thu Sep 20, 2018 11:09 am
cyclina1 wrote:
Wed Sep 19, 2018 11:16 am
The HO needs to present you the evidences only when the case goes to the court (JR). Appeal process is still the HO internal business.
thanks for the reply...but totally illogical. Appeal process First Tier Tribunal for Asylum and Immigration is not internal. If they dont provide you evidence they lose the appeal.
So actually the appeal is going to the court you mean Judicial review? Then the HO should present you all the evidences, just very basic concept of the common law.

You can assume these are all the evidence they are going to present to the court. Your filled form and payslips. You just need to defense them.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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