Help me please with appeal????

sally12345 · Post by **sally12345** » Tue Jun 21, 2011 10:17 am

Dear All,

A few quick questions if I may.

how long does the appeal process take for i.e settlement?
can I lodge the appeal on my own? to aviod fees?

however, having lodged the appeal on my own can I then ask a lawyer to act on my behalf at court?

Thanks x

sally12345 · Post by **sally12345** » Tue Jun 21, 2011 11:37 am

sally12345 wrote:Dear All,

A few quick questions if I may.

how long does the appeal process take for i.e settlement?
can I lodge the appeal on my own? to aviod fees?

however, having lodged the appeal on my own can I then ask a lawyer to act on my behalf at court?

Thanks x

anyone with advice thanks

Post by **batleykhan** » Tue Jun 21, 2011 11:57 am

sally12345 wrote:Dear All,

A few quick questions if I may.

how long does the appeal process take for i.e settlement?

6 months

can I lodge the appeal on my own? to aviod fees?

Yes

however, having lodged the appeal on my own can I then ask a lawyer to act on my behalf at court?

Yes you can
Thanks x

sally12345 · Post by **sally12345** » Thu Jun 23, 2011 11:28 pm

Thank you for your help should I lodge appeal here or with the ECO thanks

Loz27 · Post by **Loz27** » Fri Jun 24, 2011 9:18 am

Good morning

Is it for you the appeal or smebody else?

We appealed our rejection and we didnt have a solictor - just me on behalf of my hubby (he was in India)

Post by **batleykhan** » Fri Jun 24, 2011 9:23 am

ECO ( the post where you applied)is better and slightly quicker, as lodging it with IAT in UK will only mean they will have to forward it to the post, so that the ECM can review the decision on the basis of what you have stated in appeal.( On average it takes 4 weeks for IAT to send appeal to ECO)

However remember you have 28 days from the date you were handed the refusal notice to get the appeal in.

stacey1 · Post by **stacey1** » Fri Jun 24, 2011 9:27 am

Hi we have just gone throught the same process hwoever we did use a barrister.
First of all you need to send the letter to the IAC to say you are going ahead with the appeal,also a copy to the Home Office.
They will write to you (usually within a couple of weeks) with an appointment.Depending on what court you use the appointment will probably be within 2 months.
Make sure you gather all the documents you reply on for the court.Copy each one and send a bundle to both the IAC nad the Home Office.Keep the orginals for yourself.
You will then go for your appeal.It isnt as scary as some people think,its not a cortroom as such,just a room with tables and chairs.You need to put the reason forward to the judge as to why you think the Home Office's decsion is wrong.The judge will then write to you (usually within a month) with a judgement,Either it will be allowed and your visa will be granted by the Home Office (can take a few months) Or it will be "not allowed" and you will have the option to appeal this to the upper tribuneral if you please.
Hope this helps,if you do want any further info feel free to private message me.

Good luck,i hope all goes well for you!

sally12345 · Post by **sally12345** » Fri Jun 24, 2011 1:44 pm

arrh thanks guys this is a scary time for us as we dont have the funds to go to court with an adviser. I know that most legal firms chargound Â£300 Â£600 pounds just to lodge an appeal hence the reason I wanted to lodge that myself.

The only thing that worries me is the time and also the outcome of course as the home office are hear are coming for you!!!

however god sees all so will see.

I am also wondering if the lawyer will have time to get use to my case as I'm hiring him/her at the last stages.

My case is with Jamaica and there are really bad for refusals???? I wonder if you can ask for review?

to Stacy1 thanks so much for your imput you have been helpful hope you had success with your case it does not seem that scary now thank god its just the lenght it takes to process I guess thanks to you all also

stacey1 · Post by **stacey1** » Fri Jun 24, 2011 2:19 pm

You will be fine,just stay positive.The main thing is you get across to the judge the reason you cant go home.If you have family and kids here then that will be the reason you use.With the new rule of the Children's Act 2009,you can explain the inpact it will have on your children (if you have any). I think if you can get a lawyer then do so,if not its quite easy to present yourself as long as you research all the rules so you can show you know what you are talking about and you case will be solid.
There are alot of solictors around that will rip you off.I do know some that do legal aid,depending on where you live.If you private me i can give you a number,she will be more than happy to help im sure.If she cant she could possibly pass you to someone who can! She is very good! Problem with legal aid is that its area dependant for some reason.Immigration lawyers on legal aid are like gold dust.
All i can suggest is get your documents together,copy them all twice (three times if you are going to get a lawyer) and keep the orginals.Get them sent off to the court and Home Office.Dont do this however until you have advised the court you want to appeal and they send you an appeal date.If you do need any more help,feel free to inbox me.I know exactly how you feel,its such a stressful time and the not knowing bit is awful! Just stay positive and all will be fine

Post by **batleykhan** » Fri Jun 24, 2011 2:47 pm

Stacey a word of warning on what you are doing.

There is a good chance that lawyers will not represent individuals if the they themselves ( lawyers) did not do all the paperwork from the beginning.

The reason for that is that they understand better than you how to word the appeal notice and refute the ECO reasons for refusals.

The wording of the appeal notice is very important. There is a technique to doing that and you have to use legal terms that you may not be able to understand.

There is a good chance that you may make it more difficult for yourself.

I would advise that you either let a solicitor represent you from start, or do it yourself from start to finish. Mixing them together not a good idea.

I thought I 'd just point this out to you

stacey1 · Post by **stacey1** » Fri Jun 24, 2011 3:04 pm

batleykhan wrote:Stacey a word of warning on what you are doing.

There is a good chance that lawyers will not represent individuals if the they themselves ( lawyers) did not do all the paperwork from the beginning.

The reason for that is that they understand better than you how to word the appeal notice and refute the ECO reasons for refusals.

The wording of the appeal notice is very important. There is a technique to doing that and you have to use legal terms that you may not be able to understand.

There is a good chance that you may make it more difficult for yourself.

I would advise that you either let a solicitor represent you from start, or do it yourself from start to finish. Mixing them together not a good idea.

I thought I 'd just point this out to you

I never had a solictor to start with then when my application was refused,i contacted one that helped me with the appeal.As long as you are honest with them and provide all the documents this isnt a problem.
Many people go to appeals without any representation and win!
As i stated,to have a solcitor is better if at all possible but when people cant get one on legal aid or cant afford one they have no choice but to represent themselves.I am trying to explain how to do it if no lawyer is used!

Post by **batleykhan** » Sat Jun 25, 2011 11:29 am

Sorry Stacey, my last post was meant for Sally not you, just got mixed up with you both

sally12345 · Post by **sally12345** » Wed Oct 19, 2011 7:17 pm

update sorry my step son was refused so not sure what to do from now on?? any advice we cant afford a lawyer we just cant do it

stacey1 · Post by **stacey1** » Wed Oct 19, 2011 7:24 pm

sally12345 wrote:update sorry my step son was refused so not sure what to do from now on?? any advice we cant afford a lawyer we just cant do it

what were the grounds he was refused on? Did you go to the tribuneral? Did you use a barrister or represent yourself?
Sorry to hear this news but you do have a the upper tribuneral to appeal to if you can prove the judges decision was wrong!

sally12345 · Post by **sally12345** » Thu Oct 20, 2011 7:34 am

stacey1 wrote:
sally12345 wrote:update sorry my step son was refused so not sure what to do from now on?? any advice we cant afford a lawyer we just cant do it
what were the grounds he was refused on? Did you go to the tribuneral? Did you use a barrister or represent yourself?
Sorry to hear this news but you do have a the upper tribuneral to appeal to if you can prove the judges decision was wrong!

Thanks Stacey1 how are you I am not sure what we have been refused on wont know untill friday I will scan the refusal notice and send it to you via PM i'm gutted but we knew that a child visa would be hard to get so we are more than ready to appeal. we dont have a lawyer as we cant afford one so I will lodge the appeal myself could I ask when lodging the appeal do I

do witness statements to say why I feel the decsion was wrong? or do I just add futher information and argue the point about refusal as well? thanks

stacey1 · Post by **stacey1** » Thu Oct 20, 2011 8:56 am

sally12345 wrote:
stacey1 wrote:
sally12345 wrote:update sorry my step son was refused so not sure what to do from now on?? any advice we cant afford a lawyer we just cant do it
what were the grounds he was refused on? Did you go to the tribuneral? Did you use a barrister or represent yourself?
Sorry to hear this news but you do have a the upper tribuneral to appeal to if you can prove the judges decision was wrong!
Thanks Stacey1 how are you I am not sure what we have been refused on wont know untill friday I will scan the refusal notice and send it to you via PM i'm gutted but we knew that a child visa would be hard to get so we are more than ready to appeal. we dont have a lawyer as we cant afford one so I will lodge the appeal myself could I ask when lodging the appeal do I

do witness statements to say why I feel the decsion was wrong? or do I just add futher information and argue the point about refusal as well? thanks

Hi,how do you know it has been refused? Did te judge actually rule on the day? If you do want to appeal to the upper tribuneral you need to put across why you think te decision is wrong and try to supply as muc evidence to support your claim.There is limited time in order to do this,it will say on te refusal letter, i think its 4 weeks but please dont old me to that! If you pm what the refusal when you recieve this, i will try and help you as much as i can however i havent seen many child visa cases.
Try not to worry , where theres a will,theres a way!

sally12345 · Post by **sally12345** » Thu Oct 20, 2011 9:26 am

Thanks Stacey1,

My friend had an email from the same embassy Kingston that stated â€œentry clearance has been issued please collect your documentsâ€

stacey1 · Post by **stacey1** » Thu Oct 20, 2011 9:36 am

To be honest,i think you should wait until you get the visa refusal letter (if it has been refused) It is possible they can word different. Once you recieve the letter, all the information will be in that letter.Obviously you would have put all the supporting evidence you had with this visa,so probably wouldnt have any more to submit.The appeal process should be explained in the letter.My best advice to you is just to wait to recieve the letter,then the appeal will be 28 days from recieiving the letter.
Sorry its not much help but until you know what and if he has been refused on,its difficult to advise.
Stay positive

sally12345 · Post by **sally12345** » Fri Oct 21, 2011 7:33 am

stacey1 wrote:To be honest,i think you should wait until you get the visa refusal letter (if it has been refused) It is possible they can word different. Once you recieve the letter, all the information will be in that letter.Obviously you would have put all the supporting evidence you had with this visa,so probably wouldnt have any more to submit.The appeal process should be explained in the letter.My best advice to you is just to wait to recieve the letter,then the appeal will be 28 days from recieiving the letter.
Sorry its not much help but until you know what and if he has been refused on,its difficult to advise.
Stay positive

arrh thankyou stacey1 I'm trying to stay postive about the whole process this last six months have been so hard and its the stress now so I hope that we do get the visa I pray. I will update you as soon as I can but I wont know untill maybe 6pm 0r 7pm as the time diffence please be around I need a shoulder to cry on thanks so much xxxx

Post by **batleykhan** » Fri Oct 21, 2011 8:31 am

[quote="sally12345"]Thanks Stacey1,

My friend had an email from the same embassy Kingston that stated â€œentry clearance has been issued please collect your documentsâ€

sally12345 · Post by **sally12345** » Fri Oct 21, 2011 5:57 pm

Thanks I was very shocked that my friend was told. my other friend was told on the phone so I guess it depends on who and what.. kind of thing. we are still waiting so will update later thanks

sally12345 · Post by **sally12345** » Sat Oct 22, 2011 3:55 pm

yahhhhhhhhhhhhhhhhhhhhhhhhh we got the Visaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa Im so over the moon thankyou for your help and support Stacey1 you have been amzing thanks so much yipppppppeeeeeeee

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Help me please with appeal????

Help me please with appeal????

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