Child ILE visa rejected in india

[nare72]

My self and My wife are in ILR visa and I have applied ILE for my new born baby in india (as she born in India) and I forgotten to submit my wife's Visa copy in the application, hence the CEO has rejected the ILE with the following comment
"
When you applied for your visa, we told you what sort of documents you needed to send us with your application. You sent your application without these documents.
You have claimed you will be travelling with your Mother who has been granted indefinite leave to remain in the United Kingdom. However you have not provided any evidence of your Mother's circumstances or status. Moreover no marriage certificate or evidence of relationship has been provided to substantiate your application.
In the absence of any evidence relating to your Mothers circumstances I am not satisfied that you can demonstrate that suitable arrangements have been made for your travel to, reception and care in the United Kingdom.

In light of the above, I am not satisfied you meet all of the requirements of paragraph297(i) of the Immigration Rules
I therefore refuse your application."

Now I am planning to appeal at Post by sending the evidences which address the reson for refusal.
I need help on what is the 'Ground of Appeal' I need to fill-in in IAFT-2 form in this case as I oversighted these document and sending along with the appeal to review the refusal decision.

Thanks in advance for your suggestion or help regarding this.

[Wanderer]

In my view sorry, if it's ur mistake it's ur mistake - u need to reapply. Appeal is only applicable for when u feel the judgement ws wrong based on the application as presented, it's not an opportunity to present additional information.

On the other hand it might be worth it, nothing lost.

[nare72]

Thanks for your reply, but in the same refusal note it has mentioned that
'If you decide to appeal against the refusal of your application, the decision will be reviewed in conjunction with your grounds of appeal. If you have any additional documentation which addresses the reasons for refusal, you are strongly advised to submit it with your notice of appeal, as it may be possible to resolve the points at issue without the necessity for an appeal hearing.'
and I undestood that we can use appeal to submit the additional evidences which address the reson for refusal but the document should be obtained/generated before the original application date.

[nare72]

Any suggestion on what to fill in for 'Grounds of appeal' for this case.
Any help regarding this is much appreciated.

[HRY2005]

Thanks for your reply, but in the same refusal note it has mentioned that
'If you decide to appeal against the refusal of your application, the decision will be reviewed in conjunction with your grounds of appeal. If you have any additional documentation which addresses the reasons for refusal, you are strongly advised to submit it with your notice of appeal, as it may be possible to resolve the points at issue without the necessity for an appeal hearing.'
and I undestood that we can use appeal to submit the additional evidences which address the reson for refusal but the document should be obtained/generated before the original application date.

If you have the documents which they require, it is wise to be added and submit an appeal to the post (BHC). Every appeal submitted at the posts are reviewed by an Entry Clearance Manager (ECM) before being sent to the AIT.

If the needed documents are submitted, your child's visa could be granted on review by the ECM, otherwise I 'll advice you re-apply to avoid the long waiting time for appeal.

Good luck

[nare72]

Thanks HRY2005 for your very usefull reply. Even I am hoping for the same. but I am confused on what to fill in the 'Grounds of appeal' section as it is very different situation on how to disagree with the descision Or just a covering letter to explain what I am submitting to address the reason. I dont think they will accept without filling the grounds of appeal section.
Also Do I need to submitt all other documents submitted along with the original application or just the documents which address the reason for refusal.

Thanks for your time & advise on this.

[HRY2005]

Thanks HRY2005 for your very usefull reply. Even I am hoping for the same. but I am confused on what to fill in the 'Grounds of appeal' section as it is very different situation on how to disagree with the descision Or just a covering letter to explain what I am submitting to address the reason. I dont think they will accept without filling the grounds of appeal section.
Also Do I need to submitt all other documents submitted along with the original application or just the documents which address the reason for refusal.

Thanks for your time & advise on this.

I know you can specifically ask for a review of your application instead of re-applying because my brother did it once but it was completed by a solicitor, not really sure if you can do that personally. In this case as well, it was your fault for not presenting relevant document as requested.

You can appeal and state your reason why those documents were not included in the application and also state all new evidence included, there is a space for a list of supporting documents on the appeal form.

In appeals, you are meant to include photocopies of all documents, including those submitted before, you'll be asked to present the originals if they need to see them.

i wish you the best.

[nare72]

Thanks for your valuable suggestion and let me see what I can fill in the section to satisfy ECM & ECOs.

[nare72]

HRY2005 do you have contact detail of Solicitor so i can also try to contact him for help.
Thanks

[HRY2005]

HRY2005 do you have contact detail of Solicitor so i can also try to contact him for help.
Thanks

Cant suggest solicitors mate as I dont live in England, I live up north. The websites of the Law Society of England and Wales or the Office of the Immigration Service Commissioner can help. http://www.lawsociety.org.uk/home.law or http://www.oisc.gov.uk/

[nare72]

I just want to share this good news that my daughter’s settlement visa refusal has been overturned by ECO in BHC Chennai, India. I think it is really quick review process on this case.

Here is the time line
Original application :- 08/04/2010 at VFS Bangalore
Refusal decision date :- 14/05/2010
Received Refusal note :- 19/05/2010

Appealed :- 09/06/2010 and sent to BHC Chennai
Received acknowledgement :- 14/06/2010
Overturned Decision :- 24/06/2010
Received call letter to submit passport for Visa stamping :- 28/06/2010

Now, in the letter they have asked to send the passport and the letter through VFS. Do I need to fill any form or prepare any cover letter while submitting the passport? And do we need to take appointment in VFS to submit this or my wife can walk-in straight to enquiry and submit the passport.


If any one is in the same situation and need to know more on this appeal, pm me so I can help you .

I would like to thank so many of you for your kind advice and support