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Relatives Family Visitor Visitor refused - How to Appeal?

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gollywood
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Relatives Family Visitor Visitor refused - How to Appeal?

Post by gollywood » Wed Feb 11, 2015 11:11 am

Hi.

I believe an appeal has to be made within 14 days but there is no guidance/links/info on the refusal notice on how to appeal the decision?

Can anyone point me in the right direction regarding how to start off & submit an appeal? Many thanks as ever.

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CR001
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Re: Relatives Family Visitor Visitor refused - How to Appeal

Post by CR001 » Wed Feb 11, 2015 2:01 pm

There are very limited appeal rights for visitor visas. What were the reasons for refusal? It would help if you posted the exact wording.
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gollywood
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Re: Relatives Family Visitor Visitor refused - How to Appeal

Post by gollywood » Thu Feb 12, 2015 10:04 am

I'll try to add the refusal letter.

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gollywood
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Re: Relatives Family Visitor Visitor refused - How to Appeal

Post by gollywood » Thu Feb 12, 2015 10:05 am

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gollywood
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Re: Relatives Family Visitor Visitor refused - How to Appeal

Post by gollywood » Thu Feb 12, 2015 10:09 am

Because the husbands application was refused, they automatically rejected his wife & 2 childrens.

I'm not really asking for advice for what goes into an appeal. It's just trying to find out how to initiate the appeal in the 1st place!

Also, the date of refusal was 2nd Feb but they only gave him the notice on the 6th! Thus killing 4 days out of the 4 allowable! Surely thats not fair?

gollywood
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Re: Relatives Family Visitor Visitor refused - How to Appeal

Post by gollywood » Thu Feb 12, 2015 10:14 am

In ters of documentation submitted:-

1) Sponsors File: A very thorough set of documents was sent-everything that was requested on the list was submitted and it seems as they had no issues with it

2) Applicants file: All documentation relating to personal details/identity/travel docs were sent / all evidence of income & saving was sent / all evidence of property / land ownership was sent / employers letters etc etc

There is one big deposit/entry relating to sale of of land which is criticised (not sure where he should have put that money!!) & they seem to question his family ties in Pakistan. They dont actually ask you to prove those in an application yet use it as criteria to refuse you!

gollywood
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Re: Relatives Family Visitor Visitor refused - How to Appeal

Post by gollywood » Sat Feb 14, 2015 4:04 pm

How many days do we have to appeal a refusal of FAMILY VISITOR VISA to UK? 14 or 28 days from date of refusal? Thanks

I saw this on some guidance notes...but not sure if it's the correct notes!

"Is there a form for appealing to the Tribunal?

Yes. If you are appealing against a decision of an Entry Clearance Officer you should complete the appeal form IAFT-2. You should have received this form with your notice of decision. If you have not received an IAFT-2, contact the Entry Clearance Officer immediately at the visa section in the country where you applied."



We did not receive any forms other than the refusal notice

Mauser1905
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Re: Relatives Family Visitor Visitor refused - How to Appeal

Post by Mauser1905 » Sat Feb 14, 2015 10:23 pm

Hello gollyman,

Your right to appeal is limited to Section 84 1 c. See link below:
http://www.legislation.gov.uk/ukpga/2002/41/section/84
(c)

that the decision is unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights;
As CR001 already stated your right to appeal on grounds is limited to only one ground as above. Does your family visitor not getting visit visa breach their human right?

If you wish you can go through the gov appeals policy here: https://www.gov.uk/government/uploads/s ... idance.pdf

Good luck.

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Re: Relatives Family Visitor Visitor refused - How to Appeal

Post by gollywood » Mon Feb 16, 2015 12:31 am

Mauser1905 wrote:Hello gollyman,

Your right to appeal is limited to Section 84 1 c. See link below:
http://www.legislation.gov.uk/ukpga/2002/41/section/84
(c)

that the decision is unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights;
As CR001 already stated your right to appeal on grounds is limited to only one ground as above. Does your family visitor not getting visit visa breach their human right?

If you wish you can go through the gov appeals policy here: https://www.gov.uk/government/uploads/s ... idance.pdf

Good luck.
Appreciate your comments & the link you have provided.

If I'm honest, I would say there is NO breach of Human Rights, merely an issue of paperwork not being satisfactory & a bit more clarity required on family ties to home country.

Mauser1905
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Re: Relatives Family Visitor Visitor refused - How to Appeal

Post by Mauser1905 » Mon Feb 16, 2015 8:07 am

gollywood wrote:
Mauser1905 wrote:Hello gollyman,

Your right to appeal is limited to Section 84 1 c. See link below:
http://www.legislation.gov.uk/ukpga/2002/41/section/84
(c)

that the decision is unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights;
As CR001 already stated your right to appeal on grounds is limited to only one ground as above. Does your family visitor not getting visit visa breach their human right?

If you wish you can go through the gov appeals policy here: https://www.gov.uk/government/uploads/s ... idance.pdf

Good luck.
Appreciate your comments & the link you have provided.

If I'm honest, I would say there is NO breach of Human Rights, merely an issue of paperwork not being satisfactory & a bit more clarity required on family ties to home country.

Good morning
You have answered yourself to the problem. Appeal is not appropriate but a reapplication maybe.
Financial red flags are a big show stopper as mentioned by you. Hope you sort with a successful outcome.

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Re: Relatives Family Visitor Visitor refused - How to Appeal

Post by adesam » Tue Jun 23, 2015 3:50 pm

Hello, my case is similar to this one too.
My mother (67 years old) was refused visiting visa in April 2015. Myself as the sponsor and the person financing her trip provided all the required supporting evidence but her application was refused because the ECO was not satisfied because did not provided documentary evidence of how she was being supported in Nigeria even though I submitted along with the application my Nigeria bank account showing how I have been sending to support my mother.
I have actually submitted an appeal because I am not happy with the injustice, I would advice on how to properly defended the appeal the human right grounds of appeal. Your help will be appreciated.

adnan111
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Re: Relatives Family Visitor Visitor refused - How to Appeal

Post by adnan111 » Tue Jun 23, 2015 6:21 pm

Appeal is allowed on Human Rights grounds only. You have to be closely related and show why you it is necessary for the visitor to come here as they would expect you to go abroad to meet your family.

In any new application unless you are able to provide a lot of new documentary evidence that the persons would return, they would reject the application.

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