Re-Refusal Of UK Settlement Visa After Appeal Withdrawn By Home Office.

[shan0118]

My wife is British and I applied for Settlement Visa from outside UK in May 2016 which Home Office refused, I appealed against the Home Office decision and in Nov 2017 a few days before hearing in tribunal the Home Office decided to withdraw and grant entry clearance to me, they sent a withdrawal letter.

Withdrawal Letter:

I write to confirm that I have undertaken a non-mandatory review of the Grounds of Appeal/Supporting documents submitted in advance of the above subjects hearing listed 28 November 2017, and no longer consider Entry Clearance Officers’ decision to be sustainable. Pursuant to Tribunal Procedure Rule 17(2) I respectfully request that this appeal is treated as withdrawn.
Please note that this withdrawal is taken with a view to granting Entry Clearance to the above named subject and the Home Office will take all necessary steps to implement my decision.
I have sent an email to the Tribunal stating the same,

Then in Feb 2018 I received an email from Home Office asking to pay the Immigration Health Surcharge and submit passport for visa stamp in my country, which I did on time.

Now after about 10 week when I inquired about the visa they replied that the visa application has been re-refused and i have a right to appeal against this re-refusal.

I want to know if Home Office can re-refuse my application after withdrawing case in tribunal? Because if they can then i am stuck in a vicious cycle.

Has anyone faced a similar situation? what was the outcome?

[secret.simon]

I believe that they can refuse for a different reason. The original refusal was overturned due to an insufficient reason, but if they find something else missing in the application, they can refuse again.

What was the reason for the original refusal? And what is the reason for the second refusal?

[shan0118]

Initially they refused because they thought that my wife is not working with a legit employer. They have refused again citing the same reason.

[Obie]

Well that is abuse of process, you must seek a wasted cost on this occassion.

The view of the ECO is binding, it was made by an employee of the crown before a court or Tribunal, it must stand, unless they can demonstrate material that came to light after the withdrawal, and seek to prove that fraud had taken place.