URGENT- expert advise required on appeal process.

[rps4you]

I just need some expert advise on my case. My application was declined as my name was not on the advsertisement material.

I am not sure if i should appeal or make a new application. As my consultant believes new application will be hassle free and have better chances of being successful. I just want to know that if my wife's right to work will still be valid if we do a new application. (she is on dependent visa).
I mean if our old status will still be valid if we complete new application. I know it will be valid if we appeal but note sure about new application.

Please advise me on this case as i need to make the decision before end of day.

[rooney0511]

I just need some expert advise on my case. My application was declined as my name was not on the advsertisement material.

I am not sure if i should appeal or make a new application. As my consultant believes new application will be hassle free and have better chances of being successful. I just want to know that if my wife's right to work will still be valid if we do a new application. (she is on dependent visa).
I mean if our old status will still be valid if we complete new application. I know it will be valid if we appeal but note sure about new application.

Please advise me on this case as i need to make the decision before end of day.

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[rps4you]

my consultant approached a specialist and he replied-

I am an OISC level 3 adviser and I am experienced at appeals.
I can give you clear advice about some of the issues, but some of the issues are more complicated. I will explain these various things in some detail so you can acquire a grasp of them and make an appropriate decision.
First of all, as regards the appeal, it was explained to me after we had submitted the application it was then realised that we had not submitted sufficient documents, and so extra documents were submitted to the Home Office. However, the decision was made and sent out before the extra documents reached the Home Office and the application was consequently refused, as the Home Office had not seen the extra documents when they made the decision.
The way that the law works for a points-based system appeal such as yours is that you cannot produce any new documents at the appeal, ie documents that you did not submit with the application. There is some caselaw that says that if someone submits an application and then they submit some extra documents then the Home Office has to consider the new documents if they receive them before they have made their decision. But in your case they had already made the decision when they received the documents, so this doesn't work. So you will not be able to produce the extra documents at the appeal (and even if you do the Immigration Judge won't be able to take them into account).
The appeal therefore looks a weak appeal and there's a good chance that you will lose. This situation does look unfair and disproportionate, but this is the way that the law works for a points-based system appeal.