Asylum and long residency appeal

[ridoy30]

Hi,

I came in the UK 23rd june 2002, was student until 2007 then was on work permit until 2011 may. Claimed asylum before my visa expired. Asylum refused may 2012. First tire tribunal appeal 28th june 2012. Life in the UK passed 15th June 2012. So further ground added for long residency.

By the way I married in 2007 and bring her here as a defendant. SInce than we have 2 childern one is 4 years old another is 2 years . One child died in between in the UK.

My appeal was allowed on the ground of 10 years long residency. My asylum case adjourned for unlimited period (sin die) as judge said if only I want I can come back to the court and claim it.

Initially the appeal date was 22 june 2012, just one day short to fulfill my 10 years. My barrister apply to the court to give me ILR, but judge said there is still one day short and also he would not know whether i did fulfill all requirement. So by agreeing of both parties a short adjourned was given until 28th of june. So that UKBA can check all requirement such as criminal record etc.

Finally appeal was allowed on 28th June as I said before. UKBA wanted further adjourned but was not allowed, SO the decission was quite straight forward.

Surprisingly UKBA appealed against the decision. The reason of appeal the judge made a mistake in law. The ground of appeal was
1) Judge can not give ILR, it is only reserve to the secretary of state. Fee was not received for the application.
2) Criminal record has not been checked
3) Asylum case can not be sin die. Either it would be allowed or dismissed. There might be few credibility issue could be found, so it would affect the 10 years.

Their application of appeal was allowed but only for limited ground . They can appeal on no 3 (asylum issue) ground. They have given direction that within 28 days they can appeal against the decision. But they did not. They accept it that asylum case need to be heard and lodged an appeal in high court.

The appeal was heard in upper tribunal court on 25 oct 2012. UKBA representative (HOPO) somehow managed the judge to renew the 10 years issues. My barrister was not ready for that as he was thinking judge will follow the direction was given by first tier tribunal. The judge looked like accept their request, but has not sent out his decision yet.

My question is How still UKBA can come with this issue when the the time has expired?Do anyone have any other idea can share with me?

[munirabid]

when you applied asylum and when UKBA took full asylum interview and any discrepancy in asylum interview?