Late serving of refusal notice - right of appeal?

[William Blake]

Hi all,

If an applicant receives a refusal notice late as a result of an application for ILR I understand that the late serving of the notice means the applicant is entitled to an appeal. Is there anything you can point me to that specifically states this?

I mean for example, if the refusal notice pre-dates the expiration date of the applicant's visa but in fact the notice arrives after the visa has expired.

[f2k]

Does the refusal notice say that you cannot appeal?

[William Blake]

Yes it does say I cannot appeal and this is because it is dated prior to the expiration of the then valid visa. ie. I had leave when the decision was made but leave had lapsed by the time I got the refusal notice.

[f2k]

Sorry i keep asking one question at a time. Does it say why you cannot appeal. The way i understand it is that the most common reason for not getting a right of appeal is if you apply after your current leave has expired.
Also maybe you can give more information about your case e.g what category under are applying for and why they have refused your application. Its kinda strange that they have refused your application and also not granted you either an extension in your current status or granted discretionary leave

[William Blake]

The application was for ILR on ten yrs long residence.

No appeal was given as I had leave remaining at the time/date of the refusal/notice but the notice actually arrived after the leave expired.

I am clear as to how this came about but I want to know what says I can get an appeal because the refusal notice was served late.

[f2k]

U are unfortunately not giving enough information which could be useful to point you in the right direction.

U c if the decision was made when you still had valid leave then they should not deny you leave to appeal based on this. Unless if they denied you leave to appeal for some other reason. Did they say why you are not allowed to appeal?

[William Blake]

I don't believe more detail is relevant in order to answer this question in particular but I will add that the application was refused because of disputed breaks in continuous residency throughout the ten years.

It is a fact that right to appeal can be denied simply because leave exists at the time of the decision. And this is the only grounds why appeal was denied.

I just want to know what I can point to, that allows me an appeal if I am served the notice late.

[f2k]

Turns out maybe i was not too clear about what I was talking about. Might this be what you are looking for or maybe it is the opposite effect

http://www.bia.homeoffice.gov.uk/ukresidency/appeals/


You will not have a right of appeal if:

you still have permission to stay in the United Kingdom despite our decision to refuse your application; or
you made an application to extend your stay or for permanent residence after your existing permission to stay in the United Kingdom had already expired

How late was the notice served to you

[William Blake]

It was a month late.


Can anyone please help on this. What if anything says I have a right to an appeal if the notice is late?