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ILR and Pending Appeal


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#1 mikey

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Posted 02 February 2006 - 02:37 PM

I have just had my appeal reviewed and granted by high court .The high court Judge has therefore ordered that the AIT reconsider it's decision on appeal and take into account what my representative has put forward .The reason for my HO refusal was that i had applied for ILR prematurely on the 7th year as a student due to bad advise from a lawyer.I have now completed 10 years and waiting for another hearing.My questions are:Iam i still lawful?Can i go ahead and apply under long residence concession?What are my chances in this case given that the high court Judge has seen some merit in my submissions.I know the AIT has not been the best 'organisation'as far as justice is concerned.What other options do i have?I have a young family born in this country and would not imagine taking them back to our country of origin which we haven't visited for over 10 years.



#2 Victoria

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Posted 02 February 2006 - 02:55 PM

The AIT is actually pretty good, and their decisions are not overturned that often. If your lawyer has managed to get a decision overturned, then they are also pretty good, and you should go with their advice.

Has the High Court said there should be a new hearing or simply that the ILR should be granted?


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#3 mikey

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Posted 02 February 2006 - 05:12 PM

Victoria,
Thanks for your prompt reply.The High Court found merit in my case and ordered AIT to reconsider their decision.I'm still waiting for a hearing date to be set.Can i put an application for ILR?

#4 Victoria

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Posted 02 February 2006 - 05:18 PM

My advice, based oin the limited information I have, would be to lodge an application based on 10 years residency. If this has not been decided by the time of the pre-hearing review, then it should be mentioned to the HOPO who could try to get it dealt with in order to save everyone the time and hassle of a full hearing.

However, your rep knows more detail than I, so go with what they say.

Victoria

#5 paulz

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Posted 21 July 2009 - 04:14 PM

My advice, based oin the limited information I have, would be to lodge an application based on 10 years residency. If this has not been decided by the time of the pre-hearing review, then it should be mentioned to the HOPO who could try to get it dealt with in order to save everyone the time and hassle of a full hearing.

However, your rep knows more detail than I, so go with what they say.

Victoria


Spot on! I also have a pending appeal (incountry) which I have been waiting for the past 15 weeks. Now i am eligible for ILR and my lawyer also said the same thing: It is in the best interest of Home Office to deal with my new application instead of waisting the court's time!




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