Post
by Jeff Albright » Mon Mar 09, 2009 11:20 pm
The starting point will be reading the rules about the 10 year residence requirement and the associated policies from the UKBA website and make relevant notes on the sheet of paper, whichever applies. Those will help you understand if the UKBA's decision was or was not in accordance with the law.
Then respond to as many points as possible to the BA's refusal letter and explain why those are wrong referring to the BA's rules and policies.
Those will form grounds of appeal, which should be stated on the AIT form and then forwarded to AIT within the specificed timeframe.
Then you will need withness statements from yourself and any other party involved, such as your spouse, children, etc. Witness statements should state your ciricumstances from the point you arrived to the country, applied for a visa, extended your visa, any relevant information, etc etc and should be clear and concise, numbered to make it simple for the judge to read and understand. (remember judges do not have much time to read your witness statements prior to hearing so make it as concise and as clear as possible)
For the preparation of the hearing, go to AIT website and search for similar cases to understand what caselaw says, note any references to any cases heard in High Court/Court of Appeal, and see how those could be applied to your case, make a note of them to make it easy for you to argue at the hearing. Once you do the research, note them and can even put them in writing as a separate document, which you can submit to the judge. There are no limits on the number of documents you can submit, the more evidence the better.
This is the steps I would suggest you take...
