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Appeal Process

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nightrider
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Appeal Process

Post by nightrider » Fri Feb 27, 2009 1:41 am

I want to appeal from the UK but the Ait 2 Form is in pakistan, i have been to the Ait website where it states

For appeals against an entry clearance officer´s decision, you need to use the appeal Form AIT 2 which is issued to you by the embassy or British High Commission when your application is refused. Form AIT 2 is here for information only.

So i have to use the ait 2 form ECO gave at the time of refusal. I have limited time to appeal so isnt there any other way to get the forms..

Will a fax copy be okay?

RiFF
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Post by RiFF » Fri Feb 27, 2009 8:45 am

I got my wife to fax me a copy of the AIT2 form and the refusal letter, and I (the sponsor), submitted the appeal from here in the UK
Skeptic

batleykhan
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Post by batleykhan » Fri Feb 27, 2009 9:38 am

http://www.ait.gov.uk/Documents/FormsGu ... T2form.pdf

Download the form from here and complete it. You must have the refusal notice at hand as you will require certain information from there to complete the AIT2 form.

Remember you have 28 days from the day you or your partner was either given or recived through post the refusal notice, to complete and send this form back either to the BHC from where you applied, or if you are really struggling for time then send it back to the IAT in Leicester UK.

You must send to one or the other, but not to both of them

http://www.ait.gov.uk/Documents/FormsGu ... 2guide.pdf

If you are struggling to fill form read the above link for advice

Hope this helps

RiFF
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Post by RiFF » Sat Feb 28, 2009 8:55 am

batleykhan wrote:http://www.ait.gov.uk/Documents/FormsGu ... T2form.pdf

Download the form from here and complete it. You must have the refusal notice at hand as you will require certain information from there to complete the AIT2 form.

Remember you have 28 days from the day you or your partner was either given or recived through post the refusal notice, to complete and send this form back either to the BHC from where you applied, or if you are really struggling for time then send it back to the IAT in Leicester UK.

You must send to one or the other, but not to both of them

http://www.ait.gov.uk/Documents/FormsGu ... 2guide.pdf

If you are struggling to fill form read the above link for advice

Hope this helps
Mr. B., this form is the old version. Since of late, they have changed the form a little bit but have not uploaded the new template yet to the website. The OP needs to get himself the new form given with the refusal package via fax.
Skeptic

batleykhan
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Post by batleykhan » Sat Feb 28, 2009 9:51 am

Mr. B., this form is the old version. Since of late, they have changed the form a little bit but have not uploaded the new template yet to the website. The OP needs to get himself the new form given with the refusal package via fax.
Thanks for that Riff. Only 4 days ago I spoke to a friend of mine at IAT who confirmed that the existing form (as in above shortcut )can still be used, untill such time the new one is uploaded.

However if OP wants to pursue your action and has sufficient time to complete it and return it within the time limit,then thats not a problem

nightrider
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Post by nightrider » Sat Feb 28, 2009 11:32 am

RiFF wrote:
batleykhan wrote:http://www.ait.gov.uk/Documents/FormsGu ... T2form.pdf

Download the form from here and complete it. You must have the refusal notice at hand as you will require certain information from there to complete the AIT2 form.

Remember you have 28 days from the day you or your partner was either given or recived through post the refusal notice, to complete and send this form back either to the BHC from where you applied, or if you are really struggling for time then send it back to the IAT in Leicester UK.

You must send to one or the other, but not to both of them

http://www.ait.gov.uk/Documents/FormsGu ... 2guide.pdf

If you are struggling to fill form read the above link for advice

Hope this helps
Mr. B., this form is the old version. Since of late, they have changed the form a little bit but have not uploaded the new template yet to the website. The OP needs to get himself the new form given with the refusal package via fax.
my wifes in pakistan, i appealing from uk and representing her. Does she have to sign the form in section 5?

batleykhan
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Post by batleykhan » Sat Feb 28, 2009 11:51 am

No you as her representative/sponsor can sign the form, as it is you who is appealing on your wifes behalf

RiFF
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Post by RiFF » Sun Mar 01, 2009 1:28 pm

batleykhan wrote:No you as her representative/sponsor can sign the form, as it is you who is appealing on your wifes behalf
Agreed. Though i find this strange Mr. B., as when I downloaded the form from the AIT website for the appeal of my wife, and submitted it, I got a letter from the AIT to submit the correct, new form.
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batleykhan
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Post by batleykhan » Sun Mar 01, 2009 2:39 pm

It might be that if you send them to AIT in Leicester, they will probally insist on having new ones.Mine were sent directly to Islamabad/Delhi.

If they insist on new ones they should get their finger out and upload them to their website asap, otherwise those that dont know this fact will continue to download what is on IAT website

RiFF
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Post by RiFF » Mon Mar 02, 2009 10:09 am

True. That might be the case.
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nightrider
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Post by nightrider » Mon Mar 02, 2009 9:51 pm

batleykhan wrote:It might be that if you send them to AIT in Leicester, they will probally insist on having new ones.Mine were sent directly to Islamabad/Delhi.

If they insist on new ones they should get their finger out and upload them to their website asap, otherwise those that dont know this fact will continue to download what is on IAT website
i've got my brother in law to fax the ait 2 form and it looks the same as the one on the ait website. Its not clear quality, so if i use the one from the website they wont send it back will they....

nightrider
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Post by nightrider » Tue Mar 03, 2009 12:14 am

batleykhan wrote:No you as her representative/sponsor can sign the form, as it is you who is appealing on your wifes behalf
do i sign in section 5?

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Post by batleykhan » Tue Mar 03, 2009 9:34 am

i've got my brother in law to fax the ait 2 form and it looks the same as the one on the ait website. Its not clear quality, so if i use the one from the website they wont send it back will they
Hopefully not. If its the same form as you see on AIT website then by all means download it, complete it and send it back with a copy of the refusal notice within 28 days from the day the refusal notice was served on your brother inlaw. If in doubt ring AIT in Leicester to check up

If you were the sponsor of the person than you have to sign the form IN SECTION 7 ONLY ( Leave 5&6 blank)

nightrider
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Post by nightrider » Tue Mar 03, 2009 1:28 pm

batleykhan wrote:
i've got my brother in law to fax the ait 2 form and it looks the same as the one on the ait website. Its not clear quality, so if i use the one from the website they wont send it back will they
Hopefully not. If its the same form as you see on AIT website then by all means download it, complete it and send it back with a copy of the refusal notice within 28 days from the day the refusal notice was served on your brother inlaw. If in doubt ring AIT in Leicester to check up

If you were the sponsor of the person than you have to sign the form IN SECTION 7 ONLY ( Leave 5&6 blank)
on section 7 there is no place to sign it, just says put in sponsor details. I want to represent my wife in court so dont i fill in section 6 and sign there.

batleykhan
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Post by batleykhan » Tue Mar 03, 2009 3:48 pm

http://www.ait.gov.uk/Documents/FormsGu ... 2guide.pdf

Read this guide for help. It will hopefully answer your queury

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Post by nightrider » Wed Mar 04, 2009 11:33 pm

I've sent off my appeal form and in the grounds of appeal section i have wrote why the eco was wrong to reject our visa.

But did i have to use one of the following points for grounds of appeal:

1. That the decision os not in accorance with the immigration rules
2. That the decision is unlawful because it racially discriminates you
3. That the decision is unlawful because it is incompatible with your rights under the european convention on human rights
4. That the decision breaches rights you have as an EEA national or member of such a person's family under community treaties relating to enry or to residence in the United Kingdom
5. That the decision is otherwise not in accordance with the law
6. That the discretion under the Immigration rules should have been exercised differently

i just explaimed both refusal points and said the eco was wrong. I've also included new documents for proof.

batleykhan
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Post by batleykhan » Thu Mar 05, 2009 8:02 am

Without knowing the full reasons for the refusal it is difficult to comment.

However most fall under No 1.

You would write something like this as your first paragraph

" I wish to appeal against the decision of the ECO on the grounds that the decision made by the ECO in respect of an application by??????? is not in accordance with Section ? (name section under which person is refused) of the Immigration Rules."


On your second paragraph you would write t something like this.

The ground of refusal are:

1 Explain what the refusal reasons are one by one and then underneath it write why you think the decision by the ECO is wrong by ensuring that the reason you have stated meets the compliance of the Rules.

In the end you would kindly ask the ECM ( Entry Clearance Manager) to reconsider the decision of the ECO on the ground of the new information / documents you have subsequently supplied.

You then have to wait to see if the ECM will overturn the decision, if not then I am afraid it a lengthy wait till the matter is heard at an Appeal hearing ( 6 months or more)

Good luck

nightrider
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Post by nightrider » Thu Mar 05, 2009 11:53 am

batleykhan wrote:Without knowing the full reasons for the refusal it is difficult to comment.

However most fall under No 1.

You would write something like this as your first paragraph

" I wish to appeal against the decision of the ECO on the grounds that the decision made by the ECO in respect of an application by??????? is not in accordance with Section ? (name section under which person is refused) of the Immigration Rules."


On your second paragraph you would write t something like this.

The ground of refusal are:

1 Explain what the refusal reasons are one by one and then underneath it write why you think the decision by the ECO is wrong by ensuring that the reason you have stated meets the compliance of the Rules.

In the end you would kindly ask the ECM ( Entry Clearance Manager) to reconsider the decision of the ECO on the ground of the new information / documents you have subsequently supplied.

You then have to wait to see if the ECM will overturn the decision, if not then I am afraid it a lengthy wait till the matter is heard at an Appeal hearing ( 6 months or more)

Good luck
i just explained why the decision was wrong by the eco and backed up my points in great detail. After i explained the two points of refusal i just wrote the eco was wrong to refuse me..

loksat
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Help needed

Post by loksat » Thu Mar 05, 2009 9:53 pm

My sister in law her family were refused entry.

We are completing the appeal form. There are few points i need clarity on. please help.
--------------------------------------
1 - I downloaded the form from the AIT website. As per the previous posts looks like it is an invalid one. We need the form sent by the ECO. This is what i found on AIT website

Yes. If you are appealing against a decision of an Entry Clearance Officer you should complete the appeal form AIT-2.
You should have received an appeal form with your Notice of Refusal. If you did not you should contact the Entry Clearance Officer immediately at the visa section in the country where you applied.
If you require an extra copy of the appeal form, you can obtain one from:
􀂃 www.ait.gov.uk
􀂃 www.ukvisas.gov.uk
􀂃 the address given in your Notice of Refusal or
􀂃 the Tribunals Customer Service Centre on + 44 (0) 845 6000 877 or minicom text phone on +44 (0) 845 6060 766

How come the extra copy is valid when downloaded form the website?
-------------------------------------
2- Apart from the appeal form and notice of refusal what other documents do we need to send to them? Do we need to reproduce the documents submitted at the time of application?

-------------------------------------
Thanks for your help....

nightrider
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Re: Help needed

Post by nightrider » Thu Mar 05, 2009 10:58 pm

loksat wrote:My sister in law her family were refused entry.

We are completing the appeal form. There are few points i need clarity on. please help.
--------------------------------------
1 - I downloaded the form from the AIT website. As per the previous posts looks like it is an invalid one. We need the form sent by the ECO. This is what i found on AIT website

Yes. If you are appealing against a decision of an Entry Clearance Officer you should complete the appeal form AIT-2.
You should have received an appeal form with your Notice of Refusal. If you did not you should contact the Entry Clearance Officer immediately at the visa section in the country where you applied.
If you require an extra copy of the appeal form, you can obtain one from:
􀂃 www.ait.gov.uk
􀂃 www.ukvisas.gov.uk
􀂃 the address given in your Notice of Refusal or
􀂃 the Tribunals Customer Service Centre on + 44 (0) 845 6000 877 or minicom text phone on +44 (0) 845 6060 766

How come the extra copy is valid when downloaded form the website?
-------------------------------------
2- Apart from the appeal form and notice of refusal what other documents do we need to send to them? Do we need to reproduce the documents submitted at the time of application?

-------------------------------------
Thanks for your help....
loksat

I told my b in law to fax over the copy of appeal form the eco enclosed, it was exactly the same as the one on the website. Some people say the form has changed, but it hasnt in my view..

You need to send documents to prove the refusal points thats all.

Hope this helps..

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