WITHDRAWING APPEAL AND RE-APPLYING.

[rooney0511]

THIS IS FOR PEOPLE WITHDRAWING THEIR APPEAL AND RE-APPLYING.




As discussed, Section 3C applies, in relation to appeals, during any period when

“(b)an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought, while the appellant is in the United Kingdom against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or
(c)an appeal under that section against that decision, brought while the appellant is in the United Kingdom, is pending (within the meaning of section 104 of that Act).”

As stated a 3C(2)(c) which can be found at:

http://www.legislation.gov.uk/ukpga/1971/77/section/3C


Section 104(1) of the 2002 Act defines the period during which an appeal is pending as (emphasis added) :
(a)beginning when it is instituted, and

(b)ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).

This can be found at:

http://www.legislation.gov.uk/ukpga/2002/41/section/104


So when read in conjunction, where an appeal is lodged in time against a refusal, the appellant’s leave is statutorily extended until such time as that appeal is finally determined, withdrawn or abandoned.

Where an applicant withdraws there appeal, their statutorily extended leave ends on the day the withdrawal is actioned (not requested). Therefore an applicant has 28 days from the date of withdrawal in order to submit a new application in order to ensure it is not automatically refused for overstaying.