Witness Statement

[RAJ2007]

One of my friend going to appear for appeal for student visa refusal. He has given all the documents to AIT when he lodged the appeal.

After the appeal is lodged the AIT sent the appeal date and also asked that if he wish to submit any documents then that should be paginated and indexed. But he did not submit anything because he has already posted everything when he lodged the appeal. Does he really needs to submit the same documents again (paginated & indexed)??

Also, his solicitor has asked him to tick the witness box on the Appeal lodging form. Solictor told him that he will be the witness for his case. But now he has not sumitted any witness statement. Though AIT has mentioned about witness statement to submit. My friend will be present in the court to answer any question.Now, does he really need to sumit any witness statement??

[avjones]

Yes, he does need a WS.

[RAJ2007]

It's now less than 5days before appeal date. Is it ok to sumbit the witness statement now. Please advice.

[avjones]

better late than never!

[RAJ2007]

Sorry to bother you again. I have got another question. If the soliciotr does not submit the witness statement can the judge adjourn the case?

Also, he has got a suspicion that his solicitor might have asked for an adjournment, thought he does not want an adjournment. Could a solicitor ask for a adjournement if so on what grounds? Please advice.

[avjones]

A solicitor could ask for an adjournment - there are lots of potential reasons. They are very rarely granted in the AIT IME.

[RAJ2007]

If someone is appearing for his own oral hearing, could he himself be a witness? or does someone else (other than him) is considered as 'witness' to the case?

Secondly, how important is to submit the witness statement if someone himself is appearing for his own oral hearing?

Thirdly, would judge ask for a witness statement?


Please advice.

[avjones]

An Appellant is himself a witness, and there may be other witnesses as well.

Anyone going to be called as a witness must have a statement. Including Appellants.

[RAJ2007]

My friend had his appeal recently. There was no Presenting Officer (PO)present in his case. The Judge asked some questions (some a bit odd). He is not sure what will happen. He will be informed the decision in a few weeks. Do you think because there was no 'PO' present could give it go in his favour? Also, if the appeal is allowed how many days will the other party will have to appeal against it? If they don't by that time, does that means my friend has won the case and will have his visa regularised?

[avjones]

My friend had his appeal recently. There was no Presenting Officer (PO)present in his case. The Judge asked some questions (some a bit odd). He is not sure what will happen. He will be informed the decision in a few weeks. Do you think because there was no 'PO' present could give it go in his favour?

It might be slightly more likely, in practice, but your mate still has to convince the judge on the balance of probabilities that he meets the Immigration Rules.

Also, if the appeal is allowed how many days will the other party will have to appeal against it?

The HO has 5 days to apply for reconsideration, which they can only do on the basis that there is an error of law.

If they don't by that time, does that means my friend has won the case and will have his visa regularised?

Ignoring the most unlikely possibility of an appeal out of time, yes, it does mean that.