ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

No Right To Appeal - What Will Be Case??

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
jason77
Newbie
Posts: 49
Joined: Wed Jun 08, 2011 10:08 am
Location: England

No Right To Appeal - What Will Be Case??

Post by jason77 » Thu Aug 18, 2011 7:31 pm

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

What will the reasons for that?

gidoc
Senior Member
Posts: 873
Joined: Mon Mar 31, 2008 6:50 pm

Post by gidoc » Thu Aug 18, 2011 7:39 pm

This is a hypothetical query, please mention specifics.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Thu Aug 18, 2011 8:30 pm

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.
Last edited by vinny on Sat Jun 15, 2013 11:54 pm, edited 13 times in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

jason77
Newbie
Posts: 49
Joined: Wed Jun 08, 2011 10:08 am
Location: England

Post by jason77 » Sat Aug 27, 2011 11:06 am

Many thanks vinny
vinny wrote: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
Member
Posts: 129
Joined: Tue Sep 19, 2006 9:07 am

Post by zinao » Mon Aug 29, 2011 10:04 am

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
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Mon Aug 29, 2011 12:16 pm

The judgment seemed to suggest otherwise.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zinao
Member
Posts: 129
Joined: Tue Sep 19, 2006 9:07 am

Post by zinao » Mon Aug 29, 2011 12:36 pm

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
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Mon Aug 29, 2011 6:52 pm

Indeed (2). I hope that you succeed.

Note also you may be subject to a re-entry ban if you overstay over the limit.
Last edited by vinny on Thu Apr 25, 2013 12:53 am, edited 3 times in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zinao
Member
Posts: 129
Joined: Tue Sep 19, 2006 9:07 am

Post by zinao » Mon Aug 29, 2011 8:12 pm

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

Locked
cron