Rejection letter not received

[LizHulse]

An application was made to the Upper Tier Trubunal (UTT) for permission to appeal in June 2018. No correspondence with regards to this has ever been received (all previous documentation has been received to the same address with no problems). A phone call to the UTT yesterday advised that a letter was sent on 28/10/18 and we believe it rejected the application (but can’t be 100% certain until the requested copy arrives - told to expect it to take 2 weeks). Applicant is now an overstayer and once the letter confirms the position will have to make an out of time fresh application & apply to the court of appeal to reinstate his 3C leave based on the letter never having been served.

Has anyone else not received vital correspondence and is prepared to share their experience of fighting this? Thank you

[Frontier Mole]

What relationship do you hold with the applicant?
I do not have experience of fighting such cases but I am more than aware of the process.

Your first letter / e-mail has to be to the Tribunal asking for proof of service. You have to reiterate that your friend / husband etc did not receive any notification of the permission to appeal. This should be copied to the Home Office. Do this now without waiting for the copy decision. Even if the decision is to allow an appeal it does not matter as by the time they reply it is likely to be beyond the time you get the copy decision.

The above puts the Tribunal and the HO on notice that you are questioning if there has been valid service of the decision.

Once you have your copy decision and the comments on proof of service then you can then make a decision as to where you go next.

Court of Appeal to reinstate 3c leave will take forever and cost a fortune while in the interim the individual will not gain any benefit in terms of right to work etc. Remember CoA is an administrative action outside the Immigration Rules and does not prevent the HO taking action. It is not an extension to the appeal process.

[LizHulse]

Thank you for your advice we will do that today.

He has not been able to work already for 5 years whilst they have been processing him so that isn’t too big a concern albeit it would be nice if he could. The non receipt of the letters main implications are that since Nov he has been an overstayer without us knowing. This has now broken his continuous leave which was only 9 months off 10 years and so ILR.

We are hoping that the court of appeal might agree that it is unfair for the 3c leave to have ceased in November 2018 when the notification is only going to be received in April 2019 and that they will overrule the break in leave in the hope that we still only them need to get him to January 2020.

He will need to submit a completely new application he won’t be pursuing the old one.