Help on Appeal Process

[Danbrix]

Hi guys,

I need help on clarification of the appeal process and would very much appreciate your clarification.

We have recently invited our mother in law and her family visa has been turned down.

As far as I can understand it can be appealed (applicant, sponsor or representative) to the post or First-Tier Tribunal. If appealed to the post it gets reviewed by the ECM and if still not happy by the grounds then he forwards it to First-Tier Tribunal. And if appealed to First-Tier Tribunal then they send it back to the post then it gets reviewed by ECM and then again if still not happy by the grounds of appeal then he forwards it back to First-Tier Tribunal.

1) Please confirm if the above understanding is correct as we intend not to involve a representative.

2) At what stage to do we make the payment for the appeal. There is a payment of £80 for for appeals determined on papers that are provided and £140 for oral hearing. So would that mean we still have to pay this regardless of the outcome of the review of the ECM.

Thank you for your help

[noclue]

an appeal is a long rubbish process...

one you send all documents to the required people, the ukba can overturn there decision if you have proved them wrong, if not then you will get the letter stating court dates ect. i applied for an appeal in november, recieved a letter a month later saying you will be contacted regarding a court date, then my court date was 11th april.

in that time ukba can change there decision but most of the time dont, We didnt have a representive, well only the sponsor (me) and i showed up to court.

with the money im not sure as we got ours in before the fee. sorry

[batleykhan]

Read this for procedures of Appeal

http://www.ukba.homeoffice.gov.uk/polic ... /apl/apl1/

[Danbrix]

Thank you Batley for your link as ever. Another clarification on the quote below please

APL1.3 Making an appeal
...
Either the applicant or a representative can complete the form IAFT-2. But for the appeal to be valid it must:

* be signed and dated by the applicant or representative (Procedural Rule 8(3));
* be accompanied with a copy of the refusal notice; and
* the relevant fee paid.

Would it be correct to assume that the sponsor can also act as a non-legal representative and the appeal would still be valid?

[batleykhan]

Thank you Batley for your link as ever. Another clarification on the quote below please

APL1.3 Making an appeal
...
Either the applicant or a representative can complete the form IAFT-2. But for the appeal to be valid it must:

* be signed and dated by the applicant or representative (Procedural Rule 8(3));
* be accompanied with a copy of the refusal notice; and
* the relevant fee paid.

Would it be correct to assume that the sponsor can also act as a non-legal representative and the appeal would still be valid?

Yes the sponsor can act as the representative in an appeal hearing, if they think they can do it