the appeal , confused pls advice asap

i have to appeal the refusal decision for my settlement visa in few weeks i have no idea what is the difference between oral hearing and paper hearing?

the ECO who refuse my Ec visa said that i can appeal directly to the Ait by fax or post or to the head of visa section my question is
if i appeal using the visa section in the embassy is that mean they will delay the appeal which way is better appeal directly to the AIt or return the appeal documents to the embassy , i won t have a solicitor but wish that my wife be present in the court when they are discussing my case

any help will be much appreciated

many thanks

johnny wrote:i have to appeal the refusal decision for my settlement visa in few weeks i have no idea what is the difference between oral hearing and paper hearing?

Usually you have the oral hearing when you are in the UK and can physically attend the hearing. Paper hearing is when you are not in the UK. Since you are applying outside the UK and appealing out of the country, you will probably have paper hearing unless your partner (and any representing party) can attend a hearing in the UK and then oral hearing could be arranged. Your Notice of the Hearing should state which type of hearing you will have. You can call the AIT customer service line to find out more details.

the ECO who refuse my Ec visa said that i can appeal directly to the Ait by fax or post or to the head of visa section

This could be either one way or another. Depends on which way you have chosen. If you asked the ECM to review your application, you should wait until the have done so before lodging a further appeal with the AIT. If you went ahead and lodged your appeal with the AIT, the ECM's review is not applicable, however, ECM may still review the ECO's verdict on their own accord.

thank you very much jeff for the info
i think i will send the appeal first to the visa section ECM, and choose an oral hearing and my wife will represent and attend the hearing on my behalf
an other year will be wasted from our lives because the ECO made a stupid mistake

Submit your appeal to the office that refused you - this must be done within 28 days of service of the refusal notice. You can appeal direct to the AIT, but I don't see much point in doing so. The guidance to which I post the link below says that the case will be reviewed by the Entry Clearance manager and if he/she upholds the refusal, then the ECO must prepare a statement and forward the case to the AIT. You can ask the ECM to review the case anyway, but don't delay beyond 28days submitting the appeal, or else you'll lose your right to do so. It seems sensible to appeal straight away and include a specific request for reconsideration, bringing forward any extra evidence that may be relevant. Statements about a year of your life being wasted or the ECO making a stupid mistake are unlikely to cut much ice.

http://www.ukvisas.gov.uk/en/howtoapply ... appeals#Q3

Mr Rusty

thanks for the link much needed as this is all new to me
I am so angry at the ECO who refused my visa saying she doesn t recognise my Decree absolute issued by a uk crown court anyway
i am getting the Crown Court Judge to write a letter saying
It is a certficate of decree absolute issued from their court
My wife is so stressed and i am so worried for her health she lost a lot of weight because of this , she became very depressed , they are killing my wife gradually i feel i need to be with my wife to look after her and help her she sank into severe depression because of all this
they are just destroying our lives

If the main reason the application was refused is because they didn't accept that you were previously divorced, I would hope that you could get the ECM to overturn the decision without going to appeal. It is, as you say, a question of documentation.
But you must examine carefully all the reasons that were given in the refusal notice and do your best to provide an answer to all of them. The ECO may have made a mistake or drawn the wrong conclusion about your previous marital status, but if there were other reasons which allegedly invalidated the application, the ECM may well say "see you in court".

ther are no other reasons
the refusal letter says that
they are convinced that the relationship is genuine
they are convinced that my wife is financially ok and can support me , my wife has a very good job well paid etc
has a house etc
the only reason of refusal is this certficate of decree absolute which the ECO says: he doesn t think it s a decree Absolute certficate
and since the document is not the Decree Absolute , my marriage to my current wife is not valid void because i failed to provide the certficate of decree absolute recgnised in uK !!!!!!!!!!!!!!!!!!