Do Appeals always go to Court!!

[prettypolitical]

I am in the process of appeal against a refusal for my husband's settlement visa which was lodged at post. Can a decision be overturned simply on the new evidence that is submitted for the appeal in the UK or does it have to go in front of the judge anyway.

I was told that there is a possibility that it can be overturned without getting as far as the HO judge, any ideas?[/b]

[vinny]

It's possible.

[prettypolitical]

The appeal has now been lodged, here comes the big waiting game!!!!

The IAS have spotted mistakes that have been made in the refusal notice and advised that they probably wont overturn the decision when it is sent for review at post, as the ECM will be admitting that the ECO has not done his job properley.

HOw rude if they have not examined or overlooked the evidence then surley they should be accountable, so now because they have messed it up we have got to wait!!!!

Disgusting!!!

[nightrider]

The appeal has now been lodged, here comes the big waiting game!!!!

The IAS have spotted mistakes that have been made in the refusal notice and advised that they probably wont overturn the decision when it is sent for review at post, as the ECM will be admitting that the ECO has not done his job properley.

HOw rude if they have not examined or overlooked the evidence then surley they should be accountable, so now because they have messed it up we have got to wait!!!!

Disgusting!!!

prettypolitical, you got it in one, you will give them all the evidence but the ecm will not overturn the decision. Most cases go to appeal. They barely overturn.

I wrote a complaint letter to bhc and the deputy director said it was the correct decision. Apparently certified documents dont mean anything to them. lol

If a third party was processing my application they would automatically know how many factual errors the visa section has written in the refusal note.

[prettypolitical]

Its ridiculous the amount of fees they charge for such a poor service, someone from the UK must regulate them surely!!!!

Although you can scream as loud as you want and still not get any joy. My family is suffering and no one gives a damn.

I wish there was a way we could get an early court date as 6-8 months is too much!!

UK should be ashamed of such incompetents at post!!!! A select few who cant be bothered to read through the evidence and the people suffer!!!!

Wish they would hurry and uphold the decision let us no then off to court we go, although i am nervous i cant wait, telling my husband they dont think our relationship is real, how dare they!!!

I intend to win and if I dont then I will move on to plan B!!!!!

[sajidzaidi]

as per my information for appeals from outside the UK, the appeal is first reconsidered by an officer of similar level who initially refused the case. If this person accepts the evidence then he can reverse the decision.

If he still thinks that the refusal is correct, he will prepare his case and send
your set of documents and his set of analysis/documentation to the Judge for judgment.

[web2005]

All I can say is it is a loooooooong waiting game. My wife's dependent visa appeal is in process since September 2008. Finally got the hearing date for 10th July.

One advise, never submit appeal to the british post overseas. This adds additional 3 months to the whole process. Once post received your appeal they have 2 months to send it back to AIT. When AIT receives this, they take 4 weeks to enter this into their system. Once entered to the system, they send it back to the post to review initial decision. So better to send it directly to the AIT at first instance to cut those additional 3 months.

[prettypolitical]

Goodness me!!!

I have read that many different experiences!!! I have to say my husbands appeal has already been sent off by the IAS to post, uh! oh!!!!!

Well whats done is done, i feel that they will send it back but thought we would take a gamble with the evidence submitted to them!!!

Fingers crossed and thank you for sharing your experiences!!