Few clarifications on Settlement Appeal hearing

Jine · Post by **Jine** » Mon Oct 26, 2009 4:53 am

My settlement application was refused in March 2009 and we filed for Appeal in April. After a long lapse my appeal will be discussed in an oral hearing in December 2009.

We have decided not to use legal representation as we think we are well prepared as far as evidence is concerned. Further our case is a non complicated and straight forward one.

The initial rejection of my visa was on the basis of submitting insufficient supporting evidence to fulfill emigration legislation.

After lodging our appeal we didnâ€™t have any response from the AIT or The Home Office for 3 months. As a result we applied for a new visa in August 2009.

My Husband is my sponsor and he would appear in person at the hearing. My father-in law will be a witness.

1. I would like to know what the normal order of proceedings are at the tribunal similarly what are the best practices to be followed before such a hearing?

2. We sent extensive documentary evidence to support our appeal how can we ensure that this evidence would be fully considered?

3. We are submitting new evidence from my husbandâ€™s June visit to see me (we submitted all of this with the new application), would it be beneficial to mention about the new application to the Tribunal? Or would it be a further confusion?

Your response would be much appreciated.

Thanking you in advance.

Jine · Post by **Jine** » Wed Oct 28, 2009 5:21 am

I will be very appreciative if someone can please respond to me on this.

Am in a difficult situation having a new application being processed (which seem to take a longer than expected time to process during this time of year) and a fast approaching appeal hearing date in early December.

Thanks

Post by **batleykhan** » Wed Oct 28, 2009 8:33 am

Instead of asking on the forum, why dont you go and sit in a hearing at one of the Appeal courts nearby where you live.

These are public courts. You can sit in the back and listen to what and how everything is done.

This way you will get a much better idea of what actualluy goes on.

Furthermore if you have a solictor to represent you, why are you worrying so much.

He is getting paid to represent you and therefore he will be doing most of the talking.

Sushil-ACCA · Post by **Sushil-ACCA** » Wed Oct 28, 2009 12:01 pm

take a lawer

the defendent will break u

they are very though with all reponses

if u or any of yr witness broke down or caught any loop in yr thorey

u r gone my friend

in live hearing any thing is discussed and u cant say this is i am not goig to reply good lawyer have ready made answers to support u

i have seen live hearning and attended my case in this is a realy fight

good luck

Post by **batleykhan** » Wed Oct 28, 2009 4:32 pm

take a lawer

the defendent will break u

they are very though with all reponses

if u or any of yr witness broke down or caught any loop in yr thorey

u r gone my friend

in live hearing any thing is discussed and u cant say this is i am not goig to reply good lawyer have ready made answers to support u

i have seen live hearning and attended my case in this is a realy fight

good luck

What kind of a response is this to a query. Please try to answer in proper English and check your spelling before posting.At least people can understand what you are saying

Sushil-ACCA · Post by **Sushil-ACCA** » Wed Oct 28, 2009 5:22 pm

batleykhan wrote:Instead of asking on the forum, why dont you go and sit in a hearing at one of the Appeal courts nearby where you live.

These are public courts. You can sit in the back and listen to what and how everything is done.

This way you will get a much better idea of what actualluy goes on.

Furthermore if you have a solictor to represent you, why are you worrying so much.

He is getting paid to represent you and therefore he will be doing most of the talking.

U r dreaming Khan that Lawyer will reply on yr behalf

applicant and witness r cross questioned

it is a though seen , HO lawyers are very though and they fight their case till it go in their favor even EC / CO is wrong , court case is basically pressure and presentation

U have seen than dont take my reply as offend

and please dont teach internet chatting ,net or texting language to others

if u got a query u cans or modify it

Post by **batleykhan** » Wed Oct 28, 2009 6:21 pm

Sushil ACCA my friend, I have spent enough time in these courts to know what procedure and ettiquetes the HO reprsentative use when cross examing people. Believe me they do not do it the way you have suggested.

Also if you have a competent solicitor whom you are probally paying a lot of money, he is not going to just sit there scratching his backside. He will be the one arguing on behalf of his client on legal matters.

The sponsor will be questioned but it willbe done in accordance with procedures laid down for such hearings. Th Adjudicator will see to that.

The way you have worded your comments on the above post, you are making it sound out that the HO rep is going to hang the client high and dry. That is far from the truth. The sponsor only has to reply honestly to the question asked. Any unneccesary question will not be alowed.

I am not going to respond to your other comments as I am to old to know text messaging method and still cant make head and tails of your messages.

.

For your info, one of the terms and conditions of postings on this forum states

6. No irritating posting styles, including use of all caps, excessive punctuation and unnecessary bunch of mood icons is allowed.

Sushil-ACCA · Post by **Sushil-ACCA** » Wed Oct 28, 2009 11:56 pm

batleykhan wrote:Sushil ACCA my friend, I have spent enough time in these courts to know what procedure and ettiquetes the HO reprsentative use when cross examing people. Believe me they do not do it the way you have suggested.

Spelling mistake

Also if you have a competent solicitor whom you are probally paying a lot of money, he is not going to just sit there scratching his backside. He will be the one arguing on behalf of his client on legal matters.

Spelling mistake

he is not going to just sit there scratching his backside.

Bad language- not good manners to reply as moderator

The sponsor will be questioned but it willbe done in accordance with procedures laid down for such hearings. Th Adjudicator will see to that.

The way you have worded your comments on the above post, you are making it sound out that the HO rep is going to hang the client high and dry. That is far from the truth. The sponsor only has to reply honestly to the question asked. Any unneccesary question will not be alowed.

The way you have worded your comments on the above post, you are making it sound out that the HO rep is going to hang the client high and dry

once applicant lost appeal he is like dead so he need to prepare very strong and solid arguments,

I am not going to respond to your other comments as I am to old to know text messaging method and still cant make head and tails of your messages.

Spelling and punctuation mistakes

.

For your info, one of the terms and conditions of postings on this forum states

6. No irritating posting styles, including use of all caps, excessive punctuation and unnecessary bunch of mood icons is allowed.

i know rules from 2003 when i started to surf this site

but i am not interested to train any one other than to tell readers be prepaid my yesterday's experience taught me a lot about hearing at AIT

HO lawyer is not an easy man they r trained to pressure applicant by asking questions to reply in yes or no and if we are not prepared well there is a high chance of loss of appeal.

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Few clarifications on Settlement Appeal hearing

Few clarifications on Settlement Appeal hearing