Appeal of PBS entry clearance

[destiny88]

Hi
could you tell me the procedure for appeal to upper tribunal.? I appealed to First Tier Tribunal but they rejected to my application saying it invalid giving reason have no right to appeal. now i want to appeal Upper Tribunal. I know just that i need to take permission to First Tier Tribunal but know no more ahead procedure how Upper tribunal do process and processing time and more... Could you please tell me about this as there is no information i found on website.

I need to pay fees to upper tribunal?
If Upper Tribunal Grant my application , then Upper Tribunal will take my appeal or it will transfer to First Tier Tribunal?
If Upper Tribunal grants application of appeal , it will send to UKBA for consideration. ?

Reply me asap as no more time to me.
Thanks

[Mr Legal]

Hi
could you tell me the procedure for appeal to upper tribunal.? I appealed to First Tier Tribunal but they rejected to my application saying it invalid giving reason have no right to appeal. now i want to appeal Upper Tribunal. I know just that i need to take permission to First Tier Tribunal but know no more ahead procedure how Upper tribunal do process and processing time and more... Could you please tell me about this as there is no information i found on website.

I need to pay fees to upper tribunal?
If Upper Tribunal Grant my application , then Upper Tribunal will take my appeal or it will transfer to First Tier Tribunal?
If Upper Tribunal grants application of appeal , it will send to UKBA for consideration. ?

Reply me asap as no more time to me.
Thanks

Hi,
Sorry to hear that you have lost your appeal in the First Tier Tribunal.You can file an application with First Tier Tribunal on form IAFT/4 for permission to appeal in the Upper Tribunal against its decision within 5 working days from the date of receipt of decision.
if unfortunately,your application to permission is turned down by the First Tier tribunal,then you can file further application against that decision to refuse permission to appeal to the upper tribunal in the upper tribunal on form IAUT/1 within 7 working days from the date of receipt of decision.

There is no further fee.
Once your have been granted permission to appeal, the upper tribunal can remit your case to the different immigration judge of First Tier tribunal to decide afresh or remake itself.If your appeal is allowed,the ukba will issue you a visa provided that they don't wish to appeal further against that decision.There is a minimum chances of consideration for a visa after an allowed appeal,this is more technical argument as to how,why and under what cirumstances.so you don't need to look forward for such situation,Just keep your struggle up with the hope for the best.

There is no framed timescale as it depends on the pendency /caseload of the concerned judge of the upper tribunal.

Can you please share your first refusal reasons and findings of the tribunal about them.

[Mr Legal]

Let me clarify this,,""There is a minimum chances of consideration for a visa after an allowed appeal""it means that they may review further after an allowed appeal to issue a visa but it is quietly in rare cirucmstances.

[destiny88]

Thanks a lott Mr Legal.

Mr legal, it says by email which we get update from IAS :

"Thank you for your e-mail.

We can confirm that there was no exercisable right of appeal against the refusal of entry clearance.

The Immigration Judge therefore deemed the appeals as invalid.

The reasons for this decision have been set out in the form of a written determination which was sent to all relevant parties on 15/05/13.

Please allow an appropriate amount of time for international delivery. This may take up to six (6) weeks.

Under the provisions of Rule 9 of the Asylum and Immigration Tribunal (Procedure) Rules 2009 (SI 2005/230) the Tribunal is required to ‘take no further action’ in a case where there was no exercisable right of appeal.

The Tribunal will therefore take no further action in relation to your appeals."


** I AM WAITING FOR REFUSAL NOTICE BY COURIER AS I AM IN INDIA AND I REQUESTED TO SEND ME DOCUMENTS AND REFUSAL NOTICE THROUGH EMAIL AS I CAN APPEAL TO UPPER TRIBUNAL QUICKLY.

== Mr legal, i found form IAFT 4 and IAFT 1 but there is no any fees details to fill in that form.

== I want to know if i appeal to upper tribunal , it will do consider my application itself if accepted or it will transfer to First tier Tribunal? if Upper tribunal accept my application and do further process , after then i need to send any form to upper tribunal or not? or just need to send
IAFT 1 form?

MR LEGAL , YOUR ADVICE CAN BE GREAT TO MY APPLICATION .

Thanks a lot.
waiting for reply.

[Mr Legal]

Sorry I could not get it first that you had applied outside the uk.Unfortunately,there is no right of appeal under point base system filled outside the uk.The only choice with you is to file an administrative review with embassy and give all detail of your facts in light of your cogent evidence and their reference at the time of your application by addressing the reasons of refusal.This should be filled in within 28days from the date of refusal notice.After you have made your review,the ECM will look at your reasons with available evidence against the ECO refusal.If the ECM satisfies of your review,will overturn the first decision.

As per the court email,its true that there is no excerciseable right of appeal because you have not been given any right of appeal and the only right you will have is the right of adminstrative reveiw.

Please dont waste your time to file application for permision to appeal in the upper triunal.It will not work.

[destiny88]

I did administrative review but they rejected it also. They did just COPY PASTE in administrative review decision. They put 7 Year ban stating that my employer is not genuine . They did not call my employer to verify then how can they say my employer is not genuine.? I want to fight for my visa. Although they don't give right of appeal , i want Upper Tribunal to understand my case. I have read and hear also that Upper tribunal can give permission in some special case which has no right of appeal. IS THAT TRUE??

What you say , i should do or not?

[Mr Legal]

No dear I would not suggest to make an appeal to the upper tribunal because there will be no favourable decision.The need to understand is the right of an appeal which unfortunately,you dont have.

Secondly,I dont understand why they have banned you for 7 years from an application and yet I wont be able to advice in this regard until I have your full refusal letter.

I may be able to help you to some extent if I see your first refusal.Please dont hesitate to contact me via pm.

[destiny88]

No dear I would not suggest to make an appeal to the upper tribunal because there will be no favourable decision.The need to understand is the right of an appeal which unfortunately,you dont have.

Secondly,I dont understand why they have banned you for 7 years from an application and yet I wont be able to advice in this regard until I have your full refusal letter.

I may be able to help you to some extent if I see your first refusal.Please dont hesitate to contact me via pm.

OKK MR LEGAL WHEN I WILL GET FIRST TIER TRIBUNAL REFUSAL NOTICE , I WILL SEND YOU IT.

[vinny]

We can confirm that there was no exercisable right of appeal against the refusal of entry clearance.

The Immigration Judge therefore deemed the appeals as invalid.

That is correct.

[vinny]

Could you give me information that Upper Tribunal do our file consideration or they give to do it UKBA.
IN MY CASE FIRST TIER DECLINED MY APPLICATION FOR APPEAL AND NOW I AM GOING TO UPPER TRIBUNAL . I WANT TO KNOW IF UPPER TRIBUNAL ACCEPT MY APPLICATION WHO WILL PROCESS MY APPEAL? IT WILL BE TRANSFRRED TO UKBA FIRST THEN TRIBUNAL WILL DO OR DIRECTLY TRIBUNAL WILL DO IT.

PLEASE REPLY ME AS YOUR INFORMATION MAY BE VERY USEFUL TO ME.

THANKS.

[Mr Legal]

You may work out a judicial review instead of further appealing in a case which doesnt attract any right of appeal.

[destiny88]

Hi mr legal..thanks a lott for helping me. Could you tell me what is the matter of judicial review. How is its work. I am in india. Plz tell me as soon as possible.
Thanks..

[nhpatel9]

Hi,
On which basis you got refusal?

Regards.