No Right To Appeal - What Will Be Case??

[jason77]

I have read of people who get no right to appeal on an application refused.

What will the reasons for that?

[gidoc]

This is a hypothetical query, please mention specifics.

[vinny]

There's no right of appeal, if you make an application either too soon or too late (82(2)(d) fails).

This may be less significant for PBS applicants now. However, better to apply in-time, shorty before expiry of leave, if possible.

Note also you may be subject to a re-entry ban if you overstay over 90 days.

Do click on links.

[jason77]

Many thanks vinny

There's no right of appeal, if you make an application either too soon or too late.

However, this may be less significant for PBS applicants now.

Do click on links.

[zinao]

what about ppl who make an in time application but are later rejected when their leave has expired.

i just read an invalid app case Ajayi and the judge in her second opening paragragh statement seemed to suggest that an appeal was viable.

On 24 February 2010 the Secretary of State refused the application as invalid on the grounds that a mandatory part of the form had not been completed and there were problems with the photograph of dependent child (matters I shall come back to). Therefore, on the face of it, the statutory extension of leave to remain fell in at that time, the application having been determined against the applicant, although it would have continued had there been any appeals or matters of that sort.

[vinny]

The judgment seemed to suggest otherwise.

[zinao]

hi vinny

the judgement just seemed to state the merit of the arguments and the amount of discretion the home office applied. i can see the judge's reasoning.

there was no challenge to rights of appeal in para 3 which is what i am going on now.

i am just trying to determeine what happens in the period that an immigration application is ruled invalid and before you submit again. did section 3c never exist. that is not how that judge sees it.

i have just read something on section 3c and it states that an applicant has 10 days to appeal a immigration decision.

i think rejecting an on intime application is a immigration decision because that person is now an overstayer unless they appeal.

[vinny]

Indeed (2). I hope that you succeed.

Note also you may be subject to a re-entry ban if you overstay over the limit.

[zinao]

i am not leaving the uk or that will it really.