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How long will it take to get response on an appeal hearing?

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sam1000s
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Posts: 36
Joined: Fri Mar 24, 2006 10:58 am

How long will it take to get response on an appeal hearing?

Post by sam1000s » Fri Aug 10, 2007 2:33 pm

I made an appeal regarding my FLR refusal

Also I went for an hearing on July 31st.

Still waiting for the result...

Can anyone tell me - how long do I need to
wait for the result?

Thank you

LUCKY1
Newly Registered
Posts: 12
Joined: Thu Aug 09, 2007 10:28 am

26 july

Post by LUCKY1 » Fri Aug 10, 2007 3:26 pm

hi i went to my appeal on 26th of july and i received my determination letter in 5 days ur,s should be coming any day good luck

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 5:43 pm
Location: London

Post by avjones » Fri Aug 10, 2007 3:51 pm

It varies. An average on non-asylum claims is about 3 weeks, in my experience.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

sam1000s
Newbie
Posts: 36
Joined: Fri Mar 24, 2006 10:58 am

Post by sam1000s » Sat Aug 11, 2007 10:25 pm

thanks for your replies...

How long am I allowed to stay after I recieve
the judgement (in case if it goes against me)?

RAJ2007
Member of Standing
Posts: 406
Joined: Mon Jul 30, 2007 12:02 pm

Post by RAJ2007 » Mon Aug 13, 2007 1:09 pm

I have lodged an appeal recently against student visa refusal. Could someone tell me how long does it take to get reply from court about date. Also, how long i have to wait for appeal hearing?

sam1000s
Newbie
Posts: 36
Joined: Fri Mar 24, 2006 10:58 am

Post by sam1000s » Mon Aug 13, 2007 1:29 pm

Hi Raj,

I got my appeal reply in 2 weeks and the hearing date was 5 weeks
after that.

The court decision on hearing was obtained in 10 days....

RAJ2007
Member of Standing
Posts: 406
Joined: Mon Jul 30, 2007 12:02 pm

Post by RAJ2007 » Mon Aug 13, 2007 2:05 pm

Thank you Sam. How was the court scenario. i am bit nervous. Did u took a representative with you.

Any advise for me...

Jeff Albright
Senior Member
Posts: 752
Joined: Tue Jun 29, 2004 9:25 am
Location: Perth, Australia

Post by Jeff Albright » Mon Aug 13, 2007 2:05 pm

My timeline:

Lodged appeal - 26th October 2006
Appeal form sent from Loughborough to APC in Advance House - 27th October 2006
Appeal processed by APC - 29th October 2006
Bundle sent to POU, a copy to me - 30th October 2006
Appeal listed for hearing - 7th November 2006
Appeal hearing date - 7th December 2006
Appeal adjourned from 7th December to 12th February 2007
Appeal heard on - 12th February 2007
Appeal Determined - 16th February 2007
Determination promulgated - 22th February 2007
Home Office lodged application for reconsideration - 5th March 2007
Reconsideration refused by the Senior Immigration Judge - 16th March 2007
Determination promulgated - 20th March 2007
Home Office issued leave to remain - 2nd July 2007 after being chased using complaints and MPs representations.

RAJ2007
Member of Standing
Posts: 406
Joined: Mon Jul 30, 2007 12:02 pm

Sttudent Visa- Appeal

Post by RAJ2007 » Mon Aug 13, 2007 4:01 pm

I have sent my documemts to the Appeal Unit at AIT and also to Home Office to review the decision.

Do you think Home Office review the decision?

Also, the additional evidences that we have sent to AIT, does it first goes to the caseworker to reveiw the decision? If so, does he/she review it?

Or, does the appeal documents goes to someother person?

I have not added any representative's name in my appeal, but could I add it when i get the appeal hearing date?

tasha75
Member of Standing
Posts: 257
Joined: Fri Aug 18, 2006 10:04 am

Post by tasha75 » Mon Aug 13, 2007 9:13 pm

Jeff Albright wrote: Determination promulgated - 22th February 2007
Home Office lodged application for reconsideration - 5th March 2007
Didn't they (Home Office) know they only had limited time (5 working days or so) in which they could lodge application for reconsideration?
Home Office issued leave to remain - 2nd July 2007 after being chased using complaints and MPs representations.
Jeff, what was the "from" date of your leave to remain? Was it from the date of the appeal determination, or months later when they finally bothered to issue the LTR?
Thank you
Do not live your life in fear.

tasha75
Member of Standing
Posts: 257
Joined: Fri Aug 18, 2006 10:04 am

Post by tasha75 » Mon Aug 13, 2007 9:20 pm

RAJ2007 wrote: Could someone tell me how long does it take to get reply from court about date. Also, how long i have to wait for appeal hearing?
My appeal was lodged 13 March, heard from the court within 1-2 weeks, with the hearing date set for 17 April. It was then adjourned twice, with the final date 31 May. The first time it was adjourned because no immigration judge was available on that date, the second time because Home Office admitted they weren't ready, after the hearing has already started. Talk about all stress.
Do not live your life in fear.

tasha75
Member of Standing
Posts: 257
Joined: Fri Aug 18, 2006 10:04 am

Post by tasha75 » Mon Aug 13, 2007 9:22 pm

sam1000s wrote:Hi Raj,
The court decision on hearing was obtained in 10 days....
So you've received it today? Was it any good?
Do not live your life in fear.

Jeff Albright
Senior Member
Posts: 752
Joined: Tue Jun 29, 2004 9:25 am
Location: Perth, Australia

Post by Jeff Albright » Mon Aug 13, 2007 9:34 pm

tasha75 wrote: Didn't they (Home Office) know they only had limited time (5 working days or so) in which they could lodge application for reconsideration?
Yes from the date of deemed receipt, they received it on Friday or Monday and they had Mon-Fri next week to deal with it and sent it on the following Monday.
Jeff, what was the "from" date of your leave to remain? Was it from the date of the appeal determination, or months later when they finally bothered to issue the LTR?
The date they finally bothered to issue it. I have just found out that the POU have actually LOST the AIT80 form, which served the decision by the Senior Immigration Judge refusing their application. ORAT knew nothing about it until I actually got on their neck myself in May... By that time it was already too late for them to haggle about...

RAJ2007
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Posts: 406
Joined: Mon Jul 30, 2007 12:02 pm

Post by RAJ2007 » Sat Aug 18, 2007 8:01 am

[quote="Jeff Albright"]My timeline:

Lodged appeal - 26th October 2006
Appeal form sent from Loughborough to APC in Advance House - 27th October 2006
Appeal processed by APC - 29th October 2006
Bundle sent to POU, a copy to me - 30th October 2006
Appeal listed for hearing - 7th November 2006
Appeal hearing date - 7th December 2006
Appeal adjourned from 7th December to 12th February 2007
Appeal heard on - 12th February 2007
Appeal Determined - 16th February 2007
Determination promulgated - 22th February 2007
Home Office lodged application for reconsideration - 5th March 2007
Reconsideration refused by the Senior Immigration Judge - 16th March 2007
Determination promulgated - 20th March 2007
Home Office issued leave to remain - 2nd July 2007 after being chased using complaints and MPs representations.[/quote]



What do you mean by bundles sent to POU and me ?

Before appeal date, will home office sent a copy of their documents to the appellant so that the appellant has more understanding of why HO refused extension? please advice

IMMIGRATION LAWYER
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Posts: 159
Joined: Tue Aug 14, 2007 8:20 pm
Location: UK

Post by IMMIGRATION LAWYER » Sat Aug 18, 2007 12:34 pm

Never had to ait for more then 7 working days even for Human Rights/Imigration claims for my clients.

Depends on the court, though.

I try to avoid the London courts as long as it is possible, thank to my location in Wales :-)

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 5:43 pm
Location: London

Post by avjones » Sun Aug 19, 2007 11:41 am

"I try to avoid the London courts as long as it is possible, thank to my location in Wales"

I'm the opposite, I try to spend most of my time in Taylor House, Field House adn the RCJ (-:

The longest I've waited for decisions is several months - in the case of SL and others (returning Sikhs and Hindus - Afghanistan) we had the hearing in early March 2005 and the determination wasn't promulgated until late September 2005, from memory.

In a country guidance case I've just done on Pakistani domestic violence and internal flight, the hearings were in December and January, and the determination was promulgated about a month ago.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

Jeff Albright
Senior Member
Posts: 752
Joined: Tue Jun 29, 2004 9:25 am
Location: Perth, Australia

Post by Jeff Albright » Sun Aug 19, 2007 1:08 pm

RAJ2007 wrote: What do you mean by bundles sent to POU and me ?
Exactly that. Appeal bundles prepared by APC are sent both to POU and appellants.
Before appeal date, will home office sent a copy of their documents to the appellant so that the appellant has more understanding of why HO refused extension? please advice
What extension? You will normally be advised in a letter sent to you why the Home Office have refused your application. This letter is called Reasons for Refusal Letter. There will be of course, a copy in the bundle plus ICD2105 "Appeal under Section..... ".

Prince1
Junior Member
Posts: 56
Joined: Thu Apr 18, 2002 1:01 am
Location: UK

Post by Prince1 » Sun Aug 19, 2007 3:50 pm

I know someone who is currently going through the appeal process.
She won the initial appeal and the Home Office succesfully appeal the decision....
She is currently awaiting the re-trial date.

What happen next if she loose the case this time around....and can they appeal if she wins again....

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 5:43 pm
Location: London

Post by avjones » Sun Aug 19, 2007 10:52 pm

Prince1 wrote:I know someone who is currently going through the appeal process.
She won the initial appeal and the Home Office succesfully appeal the decision....
She is currently awaiting the re-trial date.
Do you mean that she won, and then the Home Office applied for reconsideration in the AIT? If so, what happens next depends on what stage the process is at.

If leave is granted on the papers, on the grounds that there is an arguable error of law, the matter usually proceeds to an "error of law" hearing, or stage 1 reconsideration. If an error of law is found, it will often go off for a 2nd stage reconsideration. Sometimes the whole thing is wrapped up at the error of law hearing, it depends on the circumstances.
Prince1 wrote:What happen next if she loose the case this time around....and can they appeal if she wins again....
The Home Office can apply to the Court of Appeal. She can appeal if she loses. But you need pretty good grounds.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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