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right of appeal

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SMOOTH OPERATOR
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Joined: Mon Sep 25, 2006 8:22 pm
Location: bolton

right of appeal

Post by SMOOTH OPERATOR » Thu Feb 05, 2009 6:58 pm

a friend of mine invided his gos mother to visit him and his new born child.... she applied for a visitor's visa and was refused.... his is a british citizen....she was told she had the right to appeal... which my friend did over here.
we went to the AIT on monday together and was told by the judge that there had been an admin error and that as she was not a family member she did not qualify for an appeal.... he the adjudicator said hehad looked at the case and was over 1005 happy that all cirteria had been satisfied and was stunned she was not issued a visa .... however he had no jurisdiction on the case as the god mother did not qualify for an appeal... the adjudicator said he will write a very good letter to the embassy to say he had looked at the case and she did satisfy allthe criteria.. but the embassy eco and ecm was are not bound to honour his letter but he will do his best. he also said the eco's and ecm's will sit on the letter and do nothing.

so wot do you all think of this eh..???????
is there anyway round it.

UKBAbble
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Location: Berkshire

Post by UKBAbble » Thu Feb 05, 2009 7:46 pm

What were the grounds of refusal?

SMOOTH OPERATOR
Member
Posts: 182
Joined: Mon Sep 25, 2006 8:22 pm
Location: bolton

Post by SMOOTH OPERATOR » Fri Feb 06, 2009 6:32 pm

1. they were not satisfied about her personal circumstances {bcos i think she has income of about 1200 pounds a months......and the ecm said united nation statistics says different lol}

2. that she described her sponsor as her uncle which we later found out it was written by mistake by a stupid vfs staff on her form

SMOOTH OPERATOR
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Posts: 182
Joined: Mon Sep 25, 2006 8:22 pm
Location: bolton

Post by SMOOTH OPERATOR » Sun Feb 08, 2009 11:19 am

any ideas please

Mr Rusty
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Post by Mr Rusty » Sun Feb 08, 2009 3:02 pm

SMOOTH OPERATOR wrote:any ideas please
Write/email the Entry Clearance Manager at the Visa Office which issued the refusal and ask for a reconsideration. It must be some time since the original refusal but you can justify that by quoting the judge's remarks. Also I guess you must have assembled some sort of grounds and further evidence to present at the appeal - send that to the ECM. Make sure you have addressed the specific grounds in the refusal notice.
You could try asking the judge for a copy of his note to the embassy. He might give you one.

The alternative is to submit a fresh application, again being careful to cover any shortcomings alleged in the original refusal. But that would mean another fee

SMOOTH OPERATOR
Member
Posts: 182
Joined: Mon Sep 25, 2006 8:22 pm
Location: bolton

Post by SMOOTH OPERATOR » Mon Feb 09, 2009 6:38 pm

thanks mate just waiting for the judge's letter cost he said it might arrive within 3 weeks.....he also said due to the case not under his jurisdiction we may take it to the high court !!!!!!! i not sure if we wanna do that due to the stress involved but at least its an option :-)

SMOOTH OPERATOR
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Posts: 182
Joined: Mon Sep 25, 2006 8:22 pm
Location: bolton

Post by SMOOTH OPERATOR » Fri Mar 27, 2009 5:50 pm

guys we got a reply from ait and the judge's statement indicates that this issue has no jurisdiction as the sponsor is not related to the applicant, which means the applicant has no right of appeal. however, he has seen the application and is satisfied all criteria are met

so what do we do now???? please help

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