Française
An Invalid Application
Problem
Our client had come to us following a misconceived application by his former representatives, which had been returned after his permission to remain had expired on the grounds of invalidity for non payment of the fees due. The former representatives had prolonged these difficulties, by repeating the same application over a number of months , whilst the real culprits where the UKBA, who would give a different version of events, and conflicting advice on each occasion. The UKBA denied our client had a right of appeal, so there could be no resolution to our client's difficulties.
Strategy
MAGNE & CO. immediately lodged an appeal, asserting that it was for the Tribunal to determine whether it had jurisdiction. We obtained a copy of our client's file under the Freedom of Information Act which showed discrepancy on the UKBA's own record.
Solution
The Judge found that the UKBA had failed to show that they had attempted to take payment. The application was still outstanding. The UKBA disagreed with the Judges' findings and declined to implement them. MAGNE & CO lodged proceedings in the High Court, and the UKBA, promptly settled. Our client was given further leave to remain, and has a Consent Order that he has never been an overstayer , thereby protecting his acquired leave to remain in any further settlement application.