appeal question

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hi
i have send of my appeal to abudhabi for a family visitor and its been almost 5 months now and after so many phone calls and emails the only reply i get is they have a back log .......can any one tell me why is the review of my appeal taking so long please its been painfull and very long 4 months without any news of my appeal any advice would be helpfull thanks

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hi
i received my appeal back on the 23-09-2010
and the refusal under 320 7a the judge has said that
in addition i note that there is no evidence that the decision made by the ECO on first Feb2010 under para 320 7a was made following the review by an ECM as required under the idis. the ECM reviewed the decision on the 20th of June 2010 after the notice of decision was issued by the ECO and the ECO'S decision is there fore not in accordance with law and if i had to decide the issue on appeal under para 320 7a i would have dismissed it as not in accordance with the law....

Q1 :can any one tell me that does that means that i will not be banned on my future applications.under 320 7b.....

and the rest he said that this is not a family visit because i dont have the permission to meet my daughter (even though my name is on the birth certificate and have parental responsibility)
and the court case regarding my contact order is in process and can be represented by a solicitor as well so i dont have to be present there ( even though i was representing myself so if i am not there which i was not and the case was dismissed......

now i am planning to go to upper tribunal because i dont have the contact order in place which would allow me to see my daughter but than i am not prohibited by law not to see her either

sorry for a long msg but any advice would be helpful thanks

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and in the end the judge said that in his opinion this is just a visit visa because of no permission to see my daughter and he has no jurisdiction on this appeal so he dismissed the appeal now i can only appeal if there isa error of law can any one have any suggestions please thanks

[geriatrix]

What was/were the reason(s) for refusal of initial entry clearance application as family visitor?


regards

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the reason for refusal was i did not mention my driving offences and it was refused under 320 7a and plus than the eco said that the money in my bank account is more than i have mentioned as my salary and that i dint show my ties to my home country

but the main one was the 320 7a ....

and do u think the judge has made an error of law in this recent decision of his ill look forward to ur response

[vinny]

See also Meaning of ‘false representation'.

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thanks vinny for ur help
but after reading those cases the immigration officer was at fault but in my case i am i did forget to mention my driving offences and i am sorry to say that those offences were committed but when i recieved my refusal on 320 7a and went for the appeal in ait the judge said :


n addition i note that there is no evidence that the decision made by the ECO on first Feb2010 under para 320 7a was made following the review by an ECM as required under the idis. the ECM reviewed the decision on the 20th of June 2010 after the notice of decision was issued by the ECO and the ECO'S decision is there fore not in accordance with law and if i had to decide the issue on appeal under para 320 7a i would have dismissed it as not in accordance with the law....

so if i apply for a visa again can they still bann me because i did made a mistake in my previous application even though the judge dint approve of that decision regarding 320 7a

i am sorry this q may sound a bit stupid but i have no idea at all myself thanks any help would be highly appreciated

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hey
any one please care to reply to my question please
thanks

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hi
any one please

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hi
i have just found out that my appeal request to upper tribunal has been refused still waiting for the papers to come through

[geriatrix]

While the judge has stated that the decision to refuse under 320(7A) may have been reached without following the due process, it doesn't necessarily mean that any future application(s) may be immune to refusal under 320(7A).

Get the contact order in place before applying for entry clearance again.



regards

[searching]

thanks for ur reply back
well thats why i had to apply for a visa so i can get a contact order and they refused me the visa
is there any way of getting a contact order b4 comming to uk

[geriatrix]

A family visitor visa is for visiting family resident in the UK, so if you applied to visit your daughter without being in possession of a contact order when one was required, then the decision to refuse the family visit visa was not in error.

If you wish to travel to the UK for the purpose of "getting the contact order", I guess you need to apply for general visitor visa.

See also Parents with access rights to children in the UK.


regards

[searching]

hi
not trying to be smart here but this is my opinion can you comment on this please
it is the case that there is no contact order in place to allow me to see my daughter
but also there is no court order in place which prevents me from seeing her and i think that In the absence of a court order preventing me from seeing my daughter, i think i have the right to have contact with her because i am her biological father so dont u think that makes a family visit and that being said i did apply for a normal visit visa but the abu dhabi embassy gave me full rights of appeal saying that it is a family visit visa
i will look forward to ur response thanks