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Immigration appeals

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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madagan
Newly Registered
Posts: 9
Joined: Sun Mar 06, 2011 6:28 pm

Immigration appeals

Post by madagan » Thu Apr 14, 2011 7:43 pm

I recently attended an appeal for my husband. Basically even before I gave my statement the home office lawyer said that the grounds that the ECM had used for the appeal were not warranted due to the evidence we had submitted. She didn;t exactly say that in common language but that was the essence. The judge agreed. No new evidence was submitted at the appeal that had not been submitted in our initial application. So it was a short hearing in our favour.

My questions are :
What accountability do ECM/ECo's have? Do they see the results of the appeals and are stats published from appeals to see the level of success? Where can I obtain the statistics?
If there are a large number of appeals that succeed is this then spoken about with the relevant ECM/ECO's that have made these poor decisions in the first place?

I feel strongly that decisions should be made fairly and in accordance with the law as it stands.

batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Thu Apr 14, 2011 9:08 pm

Speaking from personal experience, sittuations like yours are a common occurence in the appeal procedures.

Yes the ECO/ECM do get feedbacks of the outcome of the appeal,but unfortunately I dont think the figures for such thing are available to the public.

Recently I read a report from an Immigration Inspectorate who really laid into the staff dealing with pakiistani applicants.He criticised the lax procedures and was appalled with some of the decisons people were refused on and the Home Office staff were to embarrased to defend the actions of the ECO/ECM at appeal hearings.

Some people say that refusals and then appeal procedures are ways used to control the number of people coming intothe country in any one period. Others say its a way of making money for the Home Office because most people usually reapply again and pay the full fee rather than go through the appeal procedure which could be lengthy and expensive.

Everybody has different thoughts. If you feel strongly make a complaint to the Home Office about the procedures or approach your local MP

madagan
Newly Registered
Posts: 9
Joined: Sun Mar 06, 2011 6:28 pm

Appeal

Post by madagan » Fri Apr 15, 2011 7:08 pm

Thank you for responding. It makes me really angry.... My family came to the tribunal and they could not believe it too. It seems so unfair and unjust. I guess before this I believed in the system here but when you see these things happen you cannot believe it.

Thanks for suggestion of a complaint. I did just that and my MP supported me. I just got the stock reply that they posted in their refusal letter. I expected that but still had to reply. If anyone knows of any stats... I have found on the home office website that they post appeal decision allowed but if you don't know of how many acutally went to appeal you cannot compare to get a percentage of the amount of appeals that succeed.

shahzad80
Member of Standing
Posts: 301
Joined: Mon Jan 17, 2011 6:06 pm

Re: Appeal

Post by shahzad80 » Fri Apr 15, 2011 10:27 pm

madagan wrote:Thank you for responding. It makes me really angry.... My family came to the tribunal and they could not believe it too. It seems so unfair and unjust. I guess before this I believed in the system here but when you see these things happen you cannot believe it.

Thanks for suggestion of a complaint. I did just that and my MP supported me. I just got the stock reply that they posted in their refusal letter. I expected that but still had to reply. If anyone knows of any stats... I have found on the home office website that they post appeal decision allowed but if you don't know of how many acutally went to appeal you cannot compare to get a percentage of the amount of appeals that succeed.
Refusal rate for pakistan was upto 44% so half of the applicants are refused...
This is not legal advice..I am not immigration consultant or solicitor so please seek legal advice for yours immigration matters

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