appeal questions

Ms-Khan · Post by **Ms-Khan** » Wed Sep 29, 2010 10:51 pm

Hi,
I was hoping for some assistance if possible?

Basically i am preparing for my husbands appeal which will be held @ Taylor House immigration court within the next 4 weeks.

I have been told that the judge/s do not normally make the decision there and then, can anyone clarify this?

If they do not make the decision based on the documents and evidence i have provided when and what further checks need to be done before a decision will be made??????

I do have good legal representation etc but as our application was first submitted in February 2010 before it was refused i am getting tired and really want my husband soo we can start our life together.

Also if anyone can give me some tips that would be great also, my husband was refused on the grounds of s320 (11) be subsequently absconded, however did not work, no false documents nothing of that nature.

Thanks for reading, and pray for me xx

Ms Khan

corrado · Post by **corrado** » Wed Sep 29, 2010 11:25 pm

The judges sometimes don't make a decision on the day.

If your husband has applied from Pakistan try this thread:

http://www.immigrationboards.com/viewtopic.php?t=39761

hmm · Post by **hmm** » Wed Sep 29, 2010 11:26 pm

Its all depends on the judge. As far as I know most don't tell their decision there and then, some judge will give you an indication of what his/her decision is going to be. Some judge say at the end of the hearing when they'd write to you with his/her decision. Usually you'll know in 2 weeks.

You can attend a hearing in AIT just to see what it is like, etc.

zeddy zed · Post by **zeddy zed** » Thu Sep 30, 2010 9:41 am

hmm wrote:Its all depends on the judge. As far as I know most don't tell their decision there and then, some judge will give you an indication of what his/her decision is going to be. Some judge say at the end of the hearing when they'd write to you with his/her decision. Usually you'll know in 2 weeks.

You can attend a hearing in AIT just to see what it is like, etc.

True, my friends case also went into a appeal the judge did not tell him the decison on they day he was told they will write to him with the outcome. But he knew his appeal went through on the day becuase the judge made the people from bhc apologise to my friend for their mistakes. If you got the evidence to prove your points your appeal should go through.

good luck

avjones · Post by **avjones** » Sat Oct 09, 2010 11:28 pm

It's very rare to get a decision on the day, and it only happens in the clearest and simplest of cases.

There're no independent checks done after the hearing, though. The Immigration Judge reviews the written and oral evidence, and writes the determination (decision / judgment).

Ms-Khan · Post by **Ms-Khan** » Mon Nov 08, 2010 11:59 pm

Hi All,

Firstly thanks for your previous responses, they really helped me in prep for the appeal hearing which was on the 4.11.

Although most people say there the judge sort of indicates what the decision will be, i can honestly say that myself and my legal rep were really non the wiser.. The judge told me that I would receive a response in writing.

How long does the response take? Can I find out any earlier? I wish I had some sort of idea cuz the waiting now is going to be the hardest.. Any advice would be appreciated...

Thanks for reading!

avjones · Post by **avjones** » Tue Nov 09, 2010 1:05 am

No, you just have to wait - sorry!

Post by **batleykhan** » Tue Nov 09, 2010 7:53 am

How long does the response take? Can I find out any earlier? I wish I had some sort of idea cuz the waiting now is going to be the hardest.. Any advice would be appreciated...

Thye will normally let you know of their decison in 14 days unless he has some serious concerns in which case it can take a bit longer

Ms-Khan · Post by **Ms-Khan** » Tue Nov 09, 2010 2:39 pm

Awww thanks

Ms-Khan · Post by **Ms-Khan** » Thu Nov 25, 2010 7:57 pm

Hi All,

We got the determination and it was allowed however my solicitor wrote the following in an email with the determination.

"I enclose the determination of Amir's appeal, which I am very pleased has been allowed. The determination is not the best written, but hopefully will not be challenged by the Home Officeâ€¦.

If all goes well, with no challenge, then the embassy will contact Amir directly and ask him to take his passport in for the visa to be issued. This can take around 16 weeks as standard, and in our experience Pakistan takes considerably longer"

Does this mean that it could be widthdrawn? does this happen?
Please let me know as i was expecting a yes or a no..not a MAYBE!

Thanks for reading!

Post by **batleykhan** » Thu Nov 25, 2010 10:15 pm

Yes it is possible that it can be refuted by the Home Office, but this only happens when there is an err in legislation or procedure.

However this very rarely happens and there is a good chance that your husband will be issued with a visa.......... but he may have to wait anything upto 3 months before teh Emabssy will conatct him to bring his passport in for the visa to be stamped.

Ms-Khan · Post by **Ms-Khan** » Thu Nov 25, 2010 10:55 pm

Thanks Batletkhan...bless u and thanks for your time
and to the others who have commented!

avjones · Post by **avjones** » Fri Nov 26, 2010 12:37 am

Ms-Khan wrote:
Does this mean that it could be widthdrawn? does this happen?
Please let me know as i was expecting a yes or a no..not a MAYBE!

Thanks for reading!

Not withdrawn, no.

You've won - congratulations!

The solicitor is bringing to your attention, as he should, the possibility that the Home Office might appeal on a point of law.

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