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Can BHC change the reasons of original refusal at appeal?

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AppealUK
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Can BHC change the reasons of original refusal at appeal?

Post by AppealUK » Mon Sep 14, 2009 7:47 pm

Hi Members,

My application is currently going through appeals process as it was refused earlier just on one ground. i.e. the ECO said I am satisfied that you meet the requirements of paragraph 281 of the Immigration Rules, except for
the financial bit where he didn't look at my bank statements.

As I meet the above, so i have decided to appeal with fresh set of bank statements showing funds.

My question is?

At a later stage when AIT asks bhc to prepare bundle, can ECO at that stage add more things or refusal points. Do the appeal is decided on original points of refusals or Notice of refusal can be changed by ECO.

Many Thanks

PaperPusher
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Post by PaperPusher » Mon Sep 14, 2009 9:14 pm

The immigration judge will look at your case to see if you meet the immigration rules. In effect this mean you could lose on something that was not in your original refusal.

AppealUK
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Post by AppealUK » Mon Sep 14, 2009 11:08 pm

PaperPusher wrote:The immigration judge will look at your case to see if you meet the immigration rules. In effect this mean you could lose on something that was not in your original refusal.
I don't know what do you mean by the above quote. My question is can BHC change their original grounds of refusal at appeal stage.

Many thanks

PaperPusher
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Post by PaperPusher » Mon Sep 14, 2009 11:16 pm

I was answering the following question:
Do the appeal is decided on original points of refusals
In the best case scenario they will see that they made an error and not put you through the court process. I do not know if they can add extra reasons. In a way it doesn't matter because the judge will assess your application as a whole.

Is there something that you are worried about?

AppealUK
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Post by AppealUK » Mon Sep 14, 2009 11:33 pm

PaperPusher wrote:I was answering the following question:
Do the appeal is decided on original points of refusals
In the best case scenario they will see that they made an error and not put you through the court process. I do not know if they can add extra reasons. In a way it doesn't matter because the judge will assess your application as a whole.

Is there something that you are worried about?
Thank you for a quick responce,

My only concern is that at the moment my appeal case is very strong as there is only one ground i've been refused on. Further I can easily contest that the ECO overlooked documents.

My only concern as I mentioned is if the ECO or ECM can further add to the Original notice when they prepare bundle for appeal, our case would be at disadvantage.

vinny
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Post by vinny » Mon Sep 14, 2009 11:35 pm

Judge may consider other grounds for refusal, subject to fairness. Moreover, even when an appeal is allowed, a further refusal is possible.
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.

AppealUK
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Post by AppealUK » Tue Sep 15, 2009 12:15 am

vinny wrote:Judge may consider other grounds for refusal, subject to fairness. Moreover, even when an appeal is allowed, a further refusal is possible.

Thanks Vinny... the above links were helpful.

Cheers

immigrationuk2009
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Post by immigrationuk2009 » Wed Sep 16, 2009 10:13 pm

AppealUK wrote:
vinny wrote:Judge may consider other grounds for refusal, subject to fairness. Moreover, even when an appeal is allowed, a further refusal is possible.

Thanks Vinny... the above links were helpful.

Cheers
Hi

Normally judge only look at refusal reasons not new grounds.

So focus on your refusal reasons.

But Home office presenting officer can raise new grounds.But that dont happen often.

UK_Banned_Member

prettypolitical
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Post by prettypolitical » Mon Sep 21, 2009 6:01 pm

Hi AppealUK,

There is a chance that when AIT request the bundle that they may overturn their original decision, based on the additional evidence you sent in for review by post if that is what you did!!!

This happened to my husband's case and initially it was refused on more than one issue, therefore you are in a better position, providing you can prove that your financial situation satisfies them.

Don't lose hope, and keep fighting.

Best of luck!
???REUNITED???

immigrationuk2009
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Post by immigrationuk2009 » Mon Sep 21, 2009 11:05 pm

prettypolitical wrote:Hi AppealUK,

There is a chance that when AIT request the bundle that they may overturn their original decision, based on the additional evidence you sent in for review by post if that is what you did!!!

This happened to my husband's case and initially it was refused on more than one issue, therefore you are in a better position, providing you can prove that your financial situation satisfies them.

Don't lose hope, and keep fighting.

Best of luck!

Yes indeed this can happen and decision can be overturn.Otherwise case would be send to AIT for appeal.

UK_Banned_Member

nightrider
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Post by nightrider » Tue Sep 22, 2009 9:05 pm

prettypolitical wrote:Hi AppealUK,

There is a chance that when AIT request the bundle that they may overturn their original decision, based on the additional evidence you sent in for review by post if that is what you did!!!

This happened to my husband's case and initially it was refused on more than one issue, therefore you are in a better position, providing you can prove that your financial situation satisfies them.

Don't lose hope, and keep fighting.

Best of luck!
you were very lucky, mine went all the way to court. The judge could not believe they didnt overturn the decision when i appeal as i gave excellent docs. Home office ref did ask me one question at the court hearing infact she didnt even look at me. Appeal allowed, now the horrendous wait for visa...

navbulls
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Post by navbulls » Wed Sep 23, 2009 6:19 pm

nightrider wrote:
prettypolitical wrote:Hi AppealUK,

There is a chance that when AIT request the bundle that they may overturn their original decision, based on the additional evidence you sent in for review by post if that is what you did!!!

This happened to my husband's case and initially it was refused on more than one issue, therefore you are in a better position, providing you can prove that your financial situation satisfies them.

Don't lose hope, and keep fighting.

Best of luck!
you were very lucky, mine went all the way to court. The judge could not believe they didnt overturn the decision when i appeal as i gave excellent docs. Home office ref did ask me one question at the court hearing infact she didnt even look at me. Appeal allowed, now the horrendous wait for visa...
Hi,

Do you guys know anyone whose decision has been overturned by BHC DELHI ?
Blessed are those who can give without remembering and take without forgetting...

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