Appeal process

[Ellie]

Hello everyone,
I am not going through appeal, but I wanted a clear understanding of the process for me and for everyone who may go through that process in the future.
So, The ECO refused the spouse visa for whatever reason and they give you the appeal papers. They keep all the originals (payslips, rent agreement, pics, marriage certificate, emails, letters etc) they would just return your passport. Is that correct so far?
Second step is you need to send these appeal papers and try to correct whatever is wrong. Where do you send them, as far as I know you send them to an address in London, so why do people say the ECO will review them and may change his decision, Does that really happen?
can someone explain to me what happens when you send those appeal papers who gets the first? and what they do with them?, please and also the evidence.
Another point is if they refuse you for something stupid, like you forgot to submit your rent agreement, Can you for example tell them you have it and you will submit it tomorrow, but you don't want to appeal neither submit a fresh application and new fee just to add one piece of paper?
Third question is, for those people who re-applied while their appeal was ongoing, where do you get all the originals from again? Marriage certificate, payslips, rent agreement, you letters and emails and phone bills..?

So to sum up, 3 questions:
1. Explain the appeal process in details, where do papers go, what happens to originals evidence.
2. Can u add evidence after refusal without appeal or fresh application
3. If a fresh application is launched while appeal is on going, where do u get all the evidence again?
Sorry for the long post, but I hope ur answers will make the process clearer for everyone

[Ellie]

Anyone?
Brit Chick, can u help me with question 2 and 3 please..
how is ur new application going?

[Brit Chick]

Am just about to break my fast in six minutes (not that I'm counting of course!) so will come back and answer your questions afterwards if that's okay.

Didn't want you to think I was ignoring your post

[alex2000]

While waiting for brit chick, here is my understanding of the process:

After a rejection, you are told if you qualify for an appeal and where the appeal will go to. It is usually Assylum and Immigration Tribunal, London. You the apply to AIT attaching further evidence with a proviso that it has to be what the ECO is reasonably expected to be aware of.

On receipt of the docs the AIT will send a copy to the overseas mission for the Entry Clearance Manager to review the original decision of the ECO in the light of the info in your appeal. the ECM may at this stage reverse the decision and an entry clearance may be issued to you. Otherwise he/she will re-confirm the decision and send back to AIT.

AIT then sets a hearing date which is usually by a single judge - Adjudicator. Upon hearing both you (the petitioner) or your solicitor and the ECO (THE RESPONDENT REPRESENTED by Home Office staff), the Adjudicator takes a decisuion. That decision if favourable will usually instruct that an EC be issued. Otherwise the earlier decision is supported, Either party at this stage could appeal.

NB
The docs sent to the AIT are copies not originals

[Brit Chick]

Okay, am back.....am always in a better mood once I have a full tummy

Seems like Alex has covered point 1.

And as for the others, I can only go by my own experience.....I did add extra evidence after filing the initial appeal forms, because when we filed the appeal I was in pakistan and only had access to some of the extra evidence etc to submit with the appeal - which in itself was enough to cover the points, but when I returned to england a month later I sent some extra supporting papers to the AIT and the BHC in Islamabad.

With regards to the fresh application, well when you get the first application refused, all the original documents are returned to you and you don't need to file them again with the appeal papers, just the extra documents to disprove the points of refusal. So you should have the main bulk of it back anyway for your fresh application, which is what happened in my case. And obviously some papers would be different in the fresh application anyway hence the fresh application.

I got a letter from the AIT they have given the eco extra time untill mid november to file any bundle, after which point they will send a hearing date - at which point I am going to tell them what to do with their hearing date cos the time for processing the second application will be up around the end of november anyway with - HOPEFULLY - the outcome we are after

[Kiran234]

Is there a way we can check the progres of an appean.. online..

[Ellie]

Brit chick, Thank you darling for your reply. I hope thr outcome is in your favour this time.

However I had a friend where they didn't return her payslips and other eveidence, does it depend on the ECO, or there is a policy regarding return of the originals?

Thank you Alex for replying, your expalnation was very helpful.
However I heard you have 2 options either you appeal to AIT or you can appeal to ECO and his/her manager, Is that the case and how they differ

[alex2000]

The documents from the ECO state the body to appeal to - usually AIT. What goes to the ECO/ECM is usually a carefully worded letter for reconsideration of decision - different from a formal appeal.

Remember that the official first step in the appeal by AIT is to send all docs back to the ECM in the overseas mission for a re-consideration.

[Brit Chick]

Well I didn't get the certified copy of my passport back when my first application was refused and the papers were returned......and strangely enough, one of the reasons for refusal was that we hadn't provided evidence of my immigration statues in the UK, so I don't know if they saw the passport copy and ignored it, or it got misplaced before reaching the ECO altogether.

Anyway I got another copy of it for my fresh application, which I would have done anyway cos it would have the exit and entry stamps from my recent trip to pakistan to visit my husband.