appeal process/time between appeal response and court

[soloblue]

Hello again,

Sorry to ask this again, but if anyone has some experience with going to the appeal process, I would love to be advised further.

The appeal has been accepted and they notified us that they will get back to us letting us know when the appeal will take place - I would like to know from their next feedback to the time of the actual appeal, how many weeks are there typically?

Their feedback will be on 4 June 2012.
We wrote to the customer service email but no response yet.

Thank you very much

[lucy_2011]

hi there,

whn u say feedback, wat do u mean by that and can u plz post the refusal reasons for correct advice

[syma]

Hello again,

Sorry to ask this again, but if anyone has some experience with going to the appeal process, I would love to be advised further.

The appeal has been accepted and they notified us that they will get back to us letting us know when the appeal will take place - I would like to know from their next feedback to the time of the actual appeal, how many weeks are there typically?

Their feedback will be on 4 June 2012.
We wrote to the customer service email but no response yet.

Thank you very much

which country did u apply from??
also what date did u send the appeal and whats the deadline given to the ECM in your case?

sorry for the million questions i myself am trying to find out how much time is being given to ECMs at the moment..

[soloblue]

the reason for refusal was that I, Italian citizen, did not provide a registration certificate for the UK.
The application is a fiance visa.

The deadline for the ECM is 11 weeks so they will let us know on 4 June when the appeal date will be.

Thank you

[scan87]

the reason for refusal was that I, Italian citizen, did not provide a registration certificate for the UK.
The application is a fiance visa.

The deadline for the ECM is 11 weeks so they will let us know on 4 June when the appeal date will be.

Thank you

Hi soloblue,

I'm in a similar kind of situation as you. But I haven't received my acknowledgement letter yet. You have stated that you have received the acknowledgement letter. Can I please ask you two questions regarding your appeal:

i) When did you send in your appeal papers?

ii) And secondly, if you had paid for the appeal, when was you bank account debited by the required appeal fee?


I had asked a similar question to yours on this forum and I received the following answer from one of the Moderators (batleykhan):

You will probably get a notification of a date of hearing near the time of the hearing which can be as much as 6 months.Its very rare you get acknowledgement letter, but if the fee has been deducted, you can be rest assured your appeal has been received.You have to remember that your appeal will be forwarded to the ECM at the post that you applied. He will review it and if he changes his mind, he will write to the applicant to bring their passport in for visa to be stamped. If he sticks to original decision of refusal, he will respond back to IAT who will then fix a date for hearing.

If you want more details on appeal procedure,click on this link
http://www.ukba.homeoffice.gov.uk/polic ... 1/#header1

Please also see this:
http://immigrationboards.com/viewtopic. ... &start=920

[lucy_2011]

@ soloblue,

thnks for clarifying that its a deadline.. and again i wld suggest u to correct ur terminology coz at times, it tends to confuse all of us who r trying to help u...

why do u think that u'll b given a HEARING date after 4th june? it could be possible that if u cover the refusal reasons in ur appeal docs along wid supporting docs, u might hear before 4th june that the decision has been overturned and u'll b granted visa... so, lets stay POSITIVE!

so u have mentioned that u received acknowledgement letter... so the next thing would be to wait for the decision to be overturned which will happen within the next 2 months or so.. if not, they'll notify u that the decision has not been overturned and the ECO will stick to his original decision...
U'll also receive a Notice of Hearing mentioning the Court Date in case they don't overturn their decision... this could happen before 4th June as well...
Furthermore, in case u or ur sponsor(partner) attends the court hearing, with or without court hearing, judge will inform AIT to issue a Determination letter stating his decision(whether appeal allowed or dismissed)..
In case, appeal allowed, within 6-8 weeks, u'll get a call letter(via email, phone or post) by UKBA to submit ur passport along with call letter and additional docs if requested in call letter...
In case appeal dismissed, u will further appeal to Upper Tribunal.

Also please refer to the links provided by Scan as they r quiet informative.

Hope this helps. gud luck

[daisy22]

hi i too would like some advice on appeal process times. The ait received our appeal on the 27th of feb and took payment the 1st of march, we have have heard nothing since no acknowledgment letter or anything, we called and they claimed they had only sent our appeal off on the 20th of april back to the issuing visa centre. this means its been there 8 weeks for what seems like nothing, does this mean it will make the appeal longer ?? Any idea on the correct timescales as they say something different everytime u call, any info would be appreciated thanks

[soloblue]

@ scan:
sorry for the late response, we did receive a letter via the solicitor stating that we will hear back from them on 4th June.
We wrote to the customer service email address last week and they responded that after the 4th June, should the decision not be overturned, it could take another 8 weeks.
We have started with preparing the document bundles (as they were sent in originally) to get ready to go to the appeal...another obstacle is that we found out that they kept a lot of our evidences...!

thanks for the responses so far, I am still quite unclear about all so I am just getting prepared and I have also contacted another solicitor for some help in reviewing the package.

[soloblue]

@lucy_2011
not sure what terminology I should correct, what I wrote is what is stated in the letter we received. The appeal has been already lodged and should the ECM not change his mind, they will notify us on 4 June of the date. This is also what the customer service responded and what the solicitor has explained to me.
The only item I was unsure about is how long one has to prepare him/herself to go to court. In our case, it will be up to 8 weeks.

Thanks

[batleykhan]

Read this link. It will answer most queries here

http://www.ukba.homeoffice.gov.uk/polic ... /apl/apl2/

[soloblue]

Thank you all for the responses...

[soloblue]

Dear All,
Following from previous posts on my Fiance appeal, the Appelant (my Fiance) has received yesterday a letter from the tribunal, which also contains the reveiw statements and conclusion of the judge.

Therefore I beleive we are now in the phase: 'Appeal Allowed' as the Hearing has taken place.

However it is not clear to me/us whether we need to do something, as the introduction letter is addressed to the Appellant and Respondent and it is stating that "this letter is enclosing the determination of the above appeal. Either party may now apply to the first Tier Tribunal for permission to appeal to the upper Tribunal on a point of law arising from the first Tier Tribunal's decision"

As the conclusion of the judge is in the Appellant favour (he is stating that the ECO has not used the law correctly) it appears to me that the Appellant is not required to do anything.
However at the end of the enclosed decision statements, the 'decision' statement is only: 'I allow the appeal' 'No anonymity direction is made'
The judge even states that the Respondent is to award the 80 pound fee to the Appelant.

Could you please help shed some light on all this? Am I correct in understanding that it is now eventually the ECM that might appeal against this decision as it is not in his favour however if he does not do so, we (the Appelland and I-the sponsor) only need to wait and see if the ECM write to the Appellant with a final decision/request to bring the passport in the UKBA office?

With many thanks for your help. I have tried seeking advice on the UKBA page but it does not seem to fully match this situation.

[batleykhan]

As the Appeal has been allowed in your favour, UKBA can still appeal if they feel that there was a major error in law by the Adjudicator in reaching his decision.

They have something like 10 days to appeal against this. It is very rare that UKBA do this, and there is a 90%chance that your visa will be granted soon.

You will now have to wait sometime, as the Adjudicators decision is forwarded to the ECM at the BHC post where you applied, so he can ask you to call in with your passport to have the visa stamped in it.

I would relax now and start planning the arrival of your loved one

[soloblue]

Thank you very much for your quick response and positive thoughts on our case.

Sorry to be a pest, I still have the doubt, in the sense that the Judge did not state clearly that the appeal is in the Appealant favour, however he stated that the Appellant should be granted the VISA to enter, in his last paragraph.

Is it the fact that the Respondent is due to award the 80 pounds fee to the appelant that gives a bit of certainty on the fact that the Judge is considering the appeal in favour of the appellant?

I think the Tribunal letter could have been a bit more clear!
Thanks again.