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Yes you can do that.uk2005 wrote:thanks for your reply..
yes i also found he should inform court if he reverse
his desition...
shall i print case worker guide line re send to
him?
if any one out there please give advice..thank you
What if you were to ask him for a confirmation that you would have the right of appeal by email? It would be good to get something to prove what he said.uk2005 wrote:hey guys..just got call from HO
they said cant do reconsider unless i withdrow
my appeal...
aslo said if they refuse i will get anothder
appeal right
he said its on my document there is good chance
issuse RC..but there is no grantee;(
hes system cant allow pasport request on gng
appeal?!
i took time till monday he gave his direct number
to let him know!
what shall i do?
if he right get appeal chance on refusal i will
go for but i do i get comfarmation that was phone
conversation...
plsease give some advice what to do?
thank you for relpy...rosebead wrote:Home Office caseworker doesn't know his job. Even the gov.uk website says the same as the Home Office internal guidance: https://www.gov.uk/visa-and-immigration ... n-requests. Stand your ground and ask to speak to a superior, or make a complaint to the UKVI: https://www.gov.uk/government/organisat ... -procedure
A few other members of this board both appealed and asked for a reconsideration at the same time for an EEA2 refusal and got success: http://www.immigrationboards.com/eea-ro ... ml#p973892.
Guru of this board, Jambo, says the same: http://www.immigrationboards.com/eea-ro ... l#p1007066
Who trains these people , they are annoying.
I would send in your reconsideration letter again, but this time print out the relevant pages of the internal Home Office guidance and send the pages along with your letter. Point out on a separate piece of paper that caseworkers are supposed to follow Home Office guidance, and the guidance clearly states that applicants can appeal and reconsider at the same time. Also write both the link to the gov.uk site and the link to the pdf in your letter, and ask the caseworker to refer to them for additional confirmation of Home Office policy. Politely ask him to pass your reconsideration letter onto a senior caseworker to deal with it, as it is Home Office policy that you can get a reconsideration without withdrawing your appeal. Tell him if he does not do so, you regret that you will be forced to make a formal complaint even though you are reluctant to do so.
(2) For the purposes of this Part, and subject to paragraphs (3) and (4), an appeal is to be treated
as pending during the period when notice of appeal is given and ending when the appeal is finally
determined, withdrawn or abandoned.
This means to me that you can legitimately request your passport back and leave the UK without it affecting your appeal. This is under the UK's EEA regulations, but under national laws you would not be so lucky.(4) A pending appeal is not to be treated as abandoned solely because the appellant leaves the
United Kingdom.