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

appeal laws follow by tribunal

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
scorpio1
Member
Posts: 132
Joined: Fri Nov 11, 2011 9:02 pm

appeal laws follow by tribunal

Post by scorpio1 » Wed Feb 22, 2012 4:51 pm

Hi all,
I am looking for some information but still struggling to find it out hope some one from forum can help me.

My query is if any visa application is refused (outside) country then how should first tier tribunal handle appeal?
What law/regulation should be followed?

Example is first of all tribunal check validity/invalidity of appeal, tribunal found invalid appeal lodged then tribunal got any right to share all file with ukba or not?

Thanks in advance for any guidelines.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Feb 22, 2012 11:41 pm

Your question is very vague, and there is a likelihood you will not receive any answer.

1. What was/were the reasons for refusal?

2. Is there a right of appeal?

3. Has the period for lodging appeal passed?

4. Section 84 of NIA Act 2002 provide various ground of appeal, depending on the circumstances.
Smooth seas do not make skilful sailors

scorpio1
Member
Posts: 132
Joined: Fri Nov 11, 2011 9:02 pm

Post by scorpio1 » Thu Feb 23, 2012 9:41 am

Thank you Obie for reply,

Well, my earlier mail was for open discussion.
Just rule/legislation follow by tribunal during appeal filed.

It was general visitor visa application and refused on genral reason ( not sure if applicant come back home country)
NO there wasn’t full right of appeal but only limited right, later eco issued full right of appeal as applicant clamed decision breached human rights.
And appeal lodged within time after eco re issued appeal.

my main concern is if appeal is invalid then can tribunal share a file with ukba? if yes under what law/section?

Any comments welcome
Thanks

scorpio1
Member
Posts: 132
Joined: Fri Nov 11, 2011 9:02 pm

Post by scorpio1 » Fri Feb 24, 2012 2:14 pm

Any suggestions please,
I can understand query is technical though but might be some one give some time on it.
Thanks

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Fri Feb 24, 2012 2:30 pm

Firstly query is not relevant to EEA section application.

If you appeal and tribunal concludes appeal is invalid as appealant dont meet the criteria for relative who qualify for family visit visa, then yes, UKBA will be notified of this decision, as it is likely to be made after the hearing.
Smooth seas do not make skilful sailors

scorpio1
Member
Posts: 132
Joined: Fri Nov 11, 2011 9:02 pm

Post by scorpio1 » Fri Feb 24, 2012 2:52 pm

Thanks again,
i agree ukba will be notified by decision but i have concern to share all file without any hearing.
when appeal lodged then someone (judge) just check either appeal is valid/invalid if appeal is valid then go for next step and tribunal set date for hearing either oral/paper and give a date to ukba to submit file.
On other hand if tribunal concludes at initial stage that there is invalid appeal then will be next? Simply inform both parties about decision. but if they share whole file with ukba then..
i don’t think its making sense to share file though.

Thanks.

scorpio1
Member
Posts: 132
Joined: Fri Nov 11, 2011 9:02 pm

Post by scorpio1 » Sat Feb 25, 2012 4:01 pm

Any shed of light here please.
Many Thanks

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Mon Feb 27, 2012 3:45 pm

Smooth seas do not make skilful sailors

scorpio1
Member
Posts: 132
Joined: Fri Nov 11, 2011 9:02 pm

Post by scorpio1 » Wed Feb 29, 2012 2:27 pm

just quick to say thank you,
let me to look at this.

Locked