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Why didn't you appeal at the time?way2cool wrote: I only had limited rights to appeal but did not appeal at the time.
It’s been nearly 15 months since my initial application was submitted. .
It is difficult to say whether or not your lawyer is doing a good job as it is not possible to say this without seeing all of your papers. However what I would say is that in my opinion you should have appealed the original decision to refuse your applicaiton to vary your leave to remain. You said above that you did get a right of appeal, although it was limited under Section 88 of the 2002 Act. This allows you to appeal on limited grounds (that the decision interferes with your human rights/rights under the refugee convention or racially discrimates against you). In my opinion your rep should have advised you to exercise your right of appeal and argue the decision interferes with your article 8 rights. This would have allowed you to retain your right to work etc whilst the appeal was underway.way2cool wrote:Hi greenie,
Just a quick update on my situation. in reference to my case. UKBA responded to my lawyer today confirming I'm unable to work or study in UK whilst reconsideration app is pending. The entitlements of previous visa became null & void as soon as my app was initally refused. I understand If someone appeals against the refusal, their terms & conditions of previous visa remain in place but in my case as per my lawyer after intial refusal , according to UKBA there was no statutory right of appeal the only stage at which you can appeal is when a notice for removal from the United Kingdom is served on you and any appeal would be based on the fact that your removal would be a breach of your human rights, specifically, your right to private and family life & that I was only allowed to put forward representations requesting reconsideration.
I'm losing confidence in my lawyer & unsure if he is doing the job properly or using his expertise/knowledge to the best of his ability. So please advise if my lawyer did the right thing or could he have done better? what is the exact procedure of art 8 cases after intial refusal?
I'm feeling stressed & insecure with the way my situation goes. I'm in need of some guidance for peace of mind!