Right of Appeal!!!!

[India to UK]

Dear forum members

Is it true that there is no more right of appeal for spouse visa? If we are refused spouse visa outside Uk,then we cannot appeal? Please give me your advice as I am going to apply spouse from India to join my spouse in Uk.

[Obie]

Not true for now, anyway.

[India to UK]

Not true for now, anyway.

So, is home office planning to remove right of appeal from spouse visa applicant?

[India to UK]

Dear friends

If home office is planning to remove the right if appeal from spouse visa applicant, then i must apply visa before that date. Please help me. If anybody then please tell me that is home office planing to take away the right if appeal?

[Obie]

The Administrative Review is been phased out, but not fully implemented yet.

At present, you have the right to apply under 82(1).

[India to UK]

The Administrative Review is been phased out, but not fully implemented yet.

At present, you have the right to apply under 82(1).

Dear Obie I will be very thankful if you tell how much approximately time is left from the home office will remove the right of appeal?

[India to UK]

Dear Obie


this is my last question
I just want to know the approximately time left before they take away the right of appeal from us?

[vinny]

The Administrative Review is been phased out, but not fully implemented yet.

At present, you have the right to apply under 82(1).

Did you mean rights of appeals are being phased out?

[India to UK]

The Administrative Review is been phased out, but not fully implemented yet.

At present, you have the right to apply under 82(1).

Did you mean rights of appeals are being phased out?

Dear vinny

Can you please tell me that is home office going to take away the right to appeal from applicant who are as spouse of british citizen. If yes, then will they remove the right of appeal for spouses of british citizen,. Please help me.

[India to UK]

The Administrative Review is been phased out, but not fully implemented yet.

At present, you have the right to apply under 82(1).

Did you mean rights of appeals are being phased out?

Dear vinny

Can you please tell me that is home office going to take away the right to appeal from applicant who are as spouse of british citizen. If yes, then will they remove the right of appeal for spouses of british citizen,. Please help me.

Any help plzz..

[vinny]

1. Introduction

1.1 The main changes to appeals made by the Immigration Act 2014 are that a right of appeal only arises when the Secretary of State for the Home Department (SSHD):-

(i) refuses a human rights claim;
(ii) refuses a protection claim, namely a claim for refugee or humanitarian protection status;
(iii) revokes protection status, namely refugee or humanitarian protection status;

1.2 Refusal of other applications (and other immigration decisions such as a removal decision or curtailment of leave) will not give rise to a right of appeal. It may be possible for a person to apply for an administrative review of a refusal of an application if it is an eligible decision and it is alleged that a case working error has occurred: see definitions in Appendix AR of the Immigration Rules: https://www.gov.uk/government/collectio ... tion-rules

I haven't seen any more announcements when the next phases will be.

[India to UK]

1. Introduction

1.1 The main changes to appeals made by the Immigration Act 2014 are that a right of appeal only arises when the Secretary of State for the Home Department (SSHD):-

(i) refuses a human rights claim;
(ii) refuses a protection claim, namely a claim for refugee or humanitarian protection status;
(iii) revokes protection status, namely refugee or humanitarian protection status;

1.2 Refusal of other applications (and other immigration decisions such as a removal decision or curtailment of leave) will not give rise to a right of appeal. It may be possible for a person to apply for an administrative review of a refusal of an application if it is an eligible decision and it is alleged that a case working error has occurred: see definitions in Appendix AR of the Immigration Rules: https://www.gov.uk/government/collectio ... tion-rules

I haven't seen any more announcements when the next phases will be.

So you are saying that we still have right of appeal.

[vinny]

At the moment, yes.

[India to UK]

At the moment.

Please vinny provide me clear answer. I wll be very thankful to you. Is home office going to take away the right of appeal from us if we are refusd as spouse of british citizen? If they are doing so, then when will this come into effect?

[vinny]

Do click on the given links for more information. Yes, they are removing rights of appeal for most applications. Who knows when it will be for the spouse of British citizens?

[India to UK]

Do click on the given links for more information. Yes, they are removing rights of appeal for most applications. Who knows when it will be for the spouse of British citizens?

Thanks vinny for your reply. From the link, I understand that we still have right of appeal at the moment.

[ashjay2012]

yes u have right to appeal... i got rejected 21 nov 14. they gave the right to appeal... i dont think they can remove this appeal right..

[Obie]

Yes Vinny. Right of appeal is being phased out for certain application.

We now have the administrative review for students .

As I told OP , the right of appeal still exist.

I cannot read the mind of the government.

Given the fact that refusal of Entry clearance may engage Article 8 in appendix FM cases , it is possible that those category may continue to have right of appeal.

[vithur22]

Hello guys

My student visa was rejected recently stating that I wasnt a genuine student. However I have applied for an administrative review, I would like to know your feedback on my case. I have given my case below

Eco's statement- (Summarised)

1) You studied in the UK but did not complete the course in 2009
2) You started a course in UFV (that you want to study now in UK again) - BBA but did not continue it either.
3) Therefore, I see your personal circumstances haven't still changed and I doubt whether you will complete this course of study
in UK which leads me to doubt your true intentions in the UK."

This was my reply.
1) I was granted student visa for Diploma in Business administration (accounting) with LIBT (London Institute of
Business technology) which was renamed 'London International Brunel College'. This course was a pathway course which
would have given me a direct entry to 2nd year in B.Sc. Business administration in Brunel University.
Reason why I couldn’t continue- I had mentioned in my interview that due to monetary and family problems at that
period, I wasn’t able to continue my course at Brunel university.However it did not deter my enthusiasm to study as I really wanted to study business and took admission in another
internationally reputed, high-ranking university soon after.

2) Later I enrolled at the UFV for BBA and being an overseas campus, it had limited availability of courses so in the 2nd and 3rd
years, students take transfer to the mother campus in Abbotsford (Canada) for specialization such as BBA in Marketing/Human
resource/Accountancy etc. while some go to different universities in different countries using 'credit transfer system'.
While planning for my transfer after the end of 1st year, I realised UFV had mandatory modules like BUS 407- Gender and
diversity issues, BUS SOC- Introductory Sociology, BUS HUM- French and Geography which were not pertinent to the course.
I started looking for other universities to take transfer into and found Heriot-watt university, I read their course structure in
detail and realized that among the modules listed, I had already studied most of those at UFV with an average GPA of over 3.0. I
even talked to a few alumni students and found it was well suited to my expectations.

Being a mature student, I chose UK because there the under-graduation is for 3 years whereas BBA from UFV would have taken 4 years as in Canada the under-graduation is for 4 years. I felt it would save some time and would facilitate my masters (marketing)plan in the future, in the following universities I chose- Edinburgh business school/ Manchester business school or Imperial collegebusiness school. Again, the duration for masters program in UK is 1 year but 2 years in Canada in most business-oriented courses.
Thus it wasn’t at whim that I chose this particular country, course and university.

3) Contrary to ECO's comment that I did not 'continue' my course at UFV but want to study the same course again in UK, I got
my credits 'transferred' into the WLC college so technically, I am 'continuing' the same course. If you have a look at my CAS
letter, you can see that they gave me the admission based on my previous qualification at UFV and thus the starting date of mycourse is at January 21, 2015 and ending at December 20, 2016 (23 months) as I will be continuing from the 2nd year, whichopposes ECO's understanding that I will be beginning anew/repeating BBA in UK.The entire duration for a fresh application to complete a BBA degree from Heriot- Watt university is 3 years /36 months
(Under-graduation in UK is for 3 years so the duration for this course originally would have been 36 months), however if a
student had a SQA diploma in business administration or a prior qualification, the university will transfer the student to the 2ndyear after assessing their credits under their 'credit entry system' (refer to their website). Since I had done 1st year at UFV, I wasable to 'transfer' to 2nd year directly.

http://www.westlondoncollege.com/heriot ... istration/ , this is the link which explains about my course structure at west London College. If you would analyze my UFV transcripts and the mentioned link, you can tally that I completedmost of the modules listed for the 1st year in WLC with an average GPA of over 3.0 already at UFV which is why I was able to getinto 2nd year directly.
Therefore, I request you to consider my academic progression at this stage as despite being a mature student, I really intend to bea graduate by the end of 2016.