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Overturned decision-Help

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Erdie
Newly Registered
Posts: 2
Joined: Mon Mar 11, 2013 10:58 pm

Overturned decision-Help

Post by Erdie » Mon Mar 11, 2013 11:51 pm

Hello,

I'd like to share an extremely disappointed experience these last couple of weeks.
My wife applied for spouse visa to UK last year. Then she got refused, we applied for an appealed for her case because I felt that the decision was not fair, first of all we are genuinely married, I have a job (though I don't earn that much), I have flat (2 bed room) I have a daughter and so on and so forth.

On February(last month) I received a letter concerning the appeal and the hearing will be sometime on April this year. Then, all of sudden we received an email about the refusal decision was overturned by the clearance manager and they will withdraw the tribunal here at UK and they asked us to send the passport to them.

"Please be informed that the decision to refuse your application for entry clearance to the UK has been reviewed by an Entry Clearance Manager and has been overturned. Kindly submit your passport, so that an Entry Clearance Officer can consider your application further. We are notifying the Asylum and Immigration Tribunal that the decision to which this appeal relates has been withdrawn."

I was so happy and I can't wait to tell my wife about it and to everyone and of course I thank God for that.

So she's couldn't wait and so exited about the news that she got from me. I told her send your passport and you'll get your visa soon (as confirm of my solicitor).

Then after two weeks of wait we received an email saying that "after re-reviewing your appeal, the Entry Clearance Manager has decided to uphold the original decision to refuse your application.

Therefore, we have requested the IAFT to continue the oral hearing scheduled for your appeal."

Now, I have nothing against them because they too a job to do. However I believe that whoever read the first email will understood that she's got visa or even should have. Anyhow, what I'm so upset about is that first email raised my hope that we finally be together after almost 2 years not to mentioned our first anniversary we were separated. I am stress because of this. Why can't they reviewed the papers or application before they said the case was overturned? And why they asked for passport;(

Lastly, I'm getting nervous because the tribunal is near and I have no idea what should I say or what do I prepare to say to them. Anyone has been to hearing before can share me some pointers. What are they gonna asked me?
message me please!!!

Thanks a million!

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Mar 11, 2013 11:58 pm

Why was it originally refused?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Erdie
Newly Registered
Posts: 2
Joined: Mon Mar 11, 2013 10:58 pm

Post by Erdie » Tue Mar 12, 2013 12:11 am

Hi there.
Yes she was refused the reasons was
Firstly, they interviewed her and her replied to some questions didn't really impress the interviewer
Secondly, My income seems low but when she applied the new rules was not yet applied.

JS28
Member of Standing
Posts: 475
Joined: Sun Nov 04, 2012 7:44 pm

Post by JS28 » Fri Jul 26, 2013 4:41 pm

Is this even possible? :s

Can they re-review the ECM's decision?

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