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appeal rejected

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anjum786mohammed
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Joined: Sun Feb 06, 2011 2:30 pm
Location: BIRMINGHAM

appeal rejected

Post by anjum786mohammed » Fri Nov 22, 2013 8:42 pm

my brother is in a pickle, he submitted his wifes spouse visa application last june before the income requirement came into force, however at the time he did not submit his wifes ielts certificate because it came late, it got rejected, however in the appeal doc he sent the certificate which was dated on the 30th june 2012 but was submitted late i think in september, 2012 her score was 3, at that time we did not know it was not acceptable by UKBA. However before the court hearing she took another test in which she got her A1. However in court the judge and the home office person both rejected the ielts certificate as not meeting the UKBA English language requirement for being late and the score being too low, also they rejected the new certificate for being too late. My question is that is there any point of appealing the judges verdict as one solicitor has told me that there is no point in appealing, he did not use a solicitor for the court hearing, and also he does not meet the current financial requirement. What would you advice? I am sure i have read on this forum that you can submit English language certificate at the point of appeal, or have i read wrong, can you please advice?

anjum786mohammed
Member
Posts: 180
Joined: Sun Feb 06, 2011 2:30 pm
Location: BIRMINGHAM

Post by anjum786mohammed » Fri Nov 22, 2013 8:52 pm

advise and not advice
sorry for the bad grammer
it may seem i was asking just the one person but question is open to all

vinny
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Post by vinny » Fri Nov 22, 2013 9:29 pm

Was it an entry clearance or a leave to remain application?

See also EA (Section 85 (4) explained) Nigeria [2007] UKAIT 00013 (30 January 2007) and 85(5).
APL7.5 Post decision evidence
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Amber
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Post by Amber » Fri Nov 22, 2013 9:46 pm

The tribunal can consider evidence after a decision by virtue of section 85(4) of the 2002 Act also see LS (Gambia) [2005] UKAIT 00085 and YZ & LX (China) [2005] UKAIT 00157. However, new evidence cannot be relied upon to show new circumstances for entry clearance. A new application for entry clearance may be made instead.
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