Appealing against Family visitor Visa

[sva19]

When appealing against family visitor visa, do you need to submit all the paperwork evidence and sponsor declaration that given when we first applied?

Or will they already have a copy so only need to send new evidence?

[batleykhan]

What were the reasons for refusal? it might be wiser and cheaper to reapply rather than appeal.

You don't send docs that you already sent with original application. You can only send docs that are relevant on the point that they were refused

[custodian]

All the new evidence you submit in an appeal should be in support of the previous documents already submitted.

As far as my understanding goes you cannot submit new evidence at an appeal which when submitted at the time of original application might have had an impact on the decision.

I say this based on the IMPORTANT NOTE in Step 6 on the following URL.

http://www.vfs-uk-in.com/applying.aspx

.

[geriatrix]

My Brother failed to get his tourist visa in June, after 2nd attempt appying.

I then completed an appeal form IAFT-2 together with more document and sent it off to the UK office.

I got an letter " Notice of Pending Appeal"

It says "The tribunal directs the respondent to file by 8 sept 2011, a copy of the notice of decision to which the notice of appeal relastes and any other document giving reasons for that decisions, toether with any application form, record of interview etc... You must serve , on the appelant , a copy of all the documents, except for document which you have aleady sent to the appellant"


At this stae - we have not done anything was something need to be done????


Then today 15 sept got letter:-

Notice of pending appeal

To the respondent

"You are require by the baove to file with the tribunal the documents specified within the rule. the notice of receipt issued for this appeal specified that these documents should be filed by 8 sept 2011.

The tribunal has to date not received these documents.

you are required to supply the document specified in rule 13 without further delay. You must serve , on the appelant , a copy of all the documents, except for document which you have aleady sent to the appellant"

Please note that under rule 51[4] the tribunal must not consider any written evidence which is not filed in accordance with directions unless it is satisfied that there is good reason to do so.

This appeal will proceeed to be determined [on paper] on or after 11 nov 2011. if the specified documents are not filed with the tribunal 2 working days before this date , subject to rule 51 [4] , the appeal may then be determined in their absense"


I THINK I MAY MISSED SOMETHING FROM THE 1ST APPEAL LETER RECEIVED , WAS I OR MY BROTHER SUPPOSED TO FILE SOMETHING IN INDIA OR IN UK?

IS IT THE WHOLE DOCUMENT THEY ORIINALL SUBMITTED WHEN THEY MADE THE APPLICATIONS?

I was under impression that the Uk offcie will requested the photocopied file from their India offcie when they do the appeal and all I ned to send was the appeal app form and my supporting documents for the appeal?

Please advise someone thanks

[sva19]

Hi all

Anybody help here?

Rule 13 Filing of document by respondent

What exactly needs to be filed?

As the person makin the appeal we already sent the appeal form, the copy of notice of decision and new evidence to support the appeal.


The above Rule 13 do I the sponsor and person makin the appeal need to do OR does my Brother person applying need to do?

When saying respondent - is that me the person making the appeal?

[geriatrix]

Respondent (UKBA) and appellant (your brother).

[sva19]

Thanks for response.

Respondent UKBA - so this is the UK border agency presumably the India office, so why are they saying that the respondent has failed to file by 8 september, when this is their task - I am confused?

Do I the sponsor or my brother the appelant need to action something so that the UKBA do something?

thanks

[push]

Thanks for response.

Respondent UKBA - so this is the UK border agency presumably the India office, so why are they saying that the respondent has failed to file by 8 september, when this is their task - I am confused?

Do I the sponsor or my brother the appelant need to action something so that the UKBA do something?

thanks

No, it is UKBA's responsibility to respond. In certain instances they decide not to respond considering the time and cost involved. The tribunal then decides the case without any representation from UKBA, mostly in the favour of appellant.

[sva19]

Thanks both posters.

My brother also called office in india and they said they woudl prepare and send the file.

let see.., hearing in november