lodging appeal with no right of appeal

sanjaygul · Post by **sanjaygul** » Sat Aug 18, 2012 10:55 am

can any one refer me some case laws in which appeal was lodged to the first tier tribunal against:

the refusal of UKBA stating no right of appeal.

peppekalle · Post by **peppekalle** » Sat Aug 18, 2012 3:54 pm

I don't know why you are asking for specific case laws .If you want to represent yourself in court please don't get a lawyer to fight for you.

There are legal aid lawyers available and your local law center might offer immigration advice.

To go back to the question you asked i suggest you read this http://www.freemovement.org.uk/2011/02/ ... or-appeal/

sanjaygul · Post by **sanjaygul** » Sat Aug 18, 2012 8:29 pm

i need specific case laws because i need to refer the cases in my appeal.

i have got no right of appeal. but i want to file appeal. its a bit complicated this time.

Post by **Greenie** » Sat Aug 18, 2012 8:34 pm

Why do you not have a right of appeal?

sanjaygul · Post by **sanjaygul** » Sun Aug 19, 2012 10:23 am

because my PSW visa was valid when UKBA refused my Tier 1 General.

so 82 (1) of 2002 act does not provide a right of appeal.

Post by **Greenie** » Sun Aug 19, 2012 11:02 am

You will not find any case law to help you because it is simply the case that you do not have a statutory right of appeal. Your only option is judicial review-but this must be started within 3 months of the decision. Has your leave now expired?

sanjaygul · Post by **sanjaygul** » Sun Aug 19, 2012 2:34 pm

three months leave has expired. but i can add few good reasons for applying late.

personally i am not in favor of JR because the judge can make a cost order against the claimant.

what is your opinion about cost order?

sanjaygul · Post by **sanjaygul** » Sun Aug 19, 2012 2:35 pm

i am in my home country. my leave has now expired.

Post by **Greenie** » Sun Aug 19, 2012 4:22 pm

sanjaygul wrote:three months leave has expired. but i can add few good reasons for applying late.

personally i am not in favor of JR because the judge can make a cost order against the claimant.

what is your opinion about cost order?

when did the three months expire and what are your reasons for applying late.

You don't have a right of appeal, so you can't appeal. JR is your only option.

sanjaygul · Post by **sanjaygul** » Mon Aug 20, 2012 4:28 pm

three months expired in Nov 2011.

with regard to reasons for applying late, i was not legally represented by any solicitor. i was not provided any remedy to challenge this decision by UKBA, infact they said there is no right of appeal. i though there is no way to challenge it. i lost all the hope. but lately i came to know through some source that there is a way round by filing JR, which involves a risk of cost order.

Post by **Obie** » Mon Aug 20, 2012 5:13 pm

Also see Mirza and Daley-Murdock and also see Refusal with no right of appeal

Post by **Greenie** » Mon Aug 20, 2012 7:10 pm

Obie wrote:Also see Mirza and Daley-Murdock and also see Refusal with no right of appeal

the reason i didn't mention these cases is that they don't really help the op as the scenarios in these cases were different. In mirza there was a right of appeal but not a decision to remove which the appellant wanted so that 395c could be argued. In daley murdoch the applicants was an overstayer and hence no right of appeal and it was argued that ukba should make a decision to remove. This is different from the op's scenario whereby he still had leave when his application was refused and therefore one would not argue that ukba should make a decision to remove

Post by **Obie** » Mon Aug 20, 2012 7:48 pm

Greenie wrote:
Obie wrote:Also see Mirza and Daley-Murdock and also see Refusal with no right of appeal
the reason i didn't mention these cases is that they don't really help the op as the scenarios in these cases were different. In mirza there was a right of appeal but not a decision to remove which the appellant wanted so that 395c could be argued. In daley murdoch the applicants was an overstayer and hence no right of appeal and it was argued that ukba should make a decision to remove. This is different from the op's scenario whereby he still had leave when his application was refused and therefore one would not argue that ukba should make a decision to remove

Yes you are right. I missed sight of the valid PSW at time of refusal aspect.

I do believe however, that refusing an application shortly before the expiry of a leave to remain and then refusing the person a right of appeal of an unlawfull decision, is unfair and unreasonable, as the person will have to make a new application and incurr further cost, and they would have been denied a remedy to a previous unlawful decision.

sanjaygul · Post by **sanjaygul** » Mon Aug 20, 2012 10:36 pm

i read mirza and at point 15 of determination: SSHD is required to issue removal at the time of refusal no matter if the applicant is lawful within country.

SSHD did not issue removal along with refusal to me. If she would have issued removal (with effect after the expiry of PSW) then it would have generated a right of appeal.

But is it possible to go to the tribunal and argue this point?

Post by **Obie** » Mon Aug 20, 2012 10:49 pm

But SOS cannot issue a Removal Direction if you have a valid leave to remain.

It is dodgy that they send removal close to expiry of PSW visa and essentially deny you the right of a judicial remedy of the alledge unlawful decision. However it cannot be said they should have issued a removal direction if you indeed had an extant Leave to remain

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lodging appeal with no right of appeal

lodging appeal with no right of appeal