amending appeal to upper tribunal

Parsley · Post by **Parsley** » Fri Apr 05, 2019 7:49 am

Hello

I am attending upper tribunal for my appeal and I want to amend my grounds of appeal. How do I do this? is there a time limit to do that?

Post by **CR001** » Fri Apr 05, 2019 7:56 am

What visa refusal are you appealing??

What is your full UK immigration history?

Parsley · Post by **Parsley** » Fri Apr 05, 2019 7:58 am

It is a refusal to extend visa form my wife, Spouse visa. The Judge said we did not meet the financial part but we did and I want to add that to the appeal

Parsley · Post by **Parsley** » Fri Apr 05, 2019 8:01 am

My solicitors who I sacked appealed saying that judge did not consider medical evidence aboutmy mother in law illness. Permision was given on that ground but I now see that the first judge said we did not meet the financial part and I want to amend grounds of appeal to add that.

Post by **CR001** » Fri Apr 05, 2019 8:01 am

It is useful to state the full circumstances of how you met the requirement and the exact wording of the refusal.

We are all strangers so for any constructive advice, you will need to provide much more information.

Post by **Frontier Mole** » Fri Apr 05, 2019 8:05 am

The grounds of appeal are already set, you can not amend them. You can ask permission from the court to include new evidence and attempt to move the goal posts slightly that way but a wholesale change of grounds will not be acceptable.

Have a discussion with your legal rep for advice but UT is not a place where you get to change the direction of your appeal, you are appealing against the decision of the lower tribunal to uphold the HO refusal. It is not a full re-run of the appeal, this is you trying to overcome the lower tribunal findings and by default the HO refusal.

Parsley · Post by **Parsley** » Fri Apr 05, 2019 8:16 am

The refusal decision on the financial part stated that I met the financial threshold but as the evidence supplied was late and not "in a specified format" I should reapply, pay a fee and allow HO to see if my documents are genuine.

On Article 8 the tribunal Judge said that although I took care of my inlaws who are very disabled, I could go back and make an application from India and they canbe looked after by NHS. I appealed saying that Judge did not looka t all the medical evidence of my in law ilness and I got permission on that ground only.

But now I see that the financial threshold issue is still outstanding and I do not want to make new applicationwith new fee and want to add that to the amended grounds of appeal to say I meet it

Post by **Frontier Mole** » Fri Apr 05, 2019 8:27 am

Article 8 is the only grounds for permission and that is it. You either win it on that and get descrtionary leave or you don’t.

The UT will not consider the other matter and the only way to deal with that is a new application under whatever tier / visa type you originally applied for. You will not be allowed to re-visit that matter at UT.

Parsley · Post by **Parsley** » Fri Apr 05, 2019 8:30 am

thank you to all who helped me. on this issue.

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