Appeal Experience

[ent7907]

My appeal was approved on 24th July 2009 after an initial PSW application in November 2008. I failed on the maintenance grounds but appealed even though there was no error in law and the HO had followed all the rules. I opted to appeal as I felt it was an exceptional case and it could fall under ECHR art. 8. The first judge ruled in my favour without a hearing. I was called to a reconsideration hearing, prior to this I submitted an 80 page document containing all my info and my girlfriends info (who is British). The HO challenged my appeal based on what the Judge had written in his first determination. Most of the reasons the HO challenged my appeal were wrong and based solely on speculation. This included the time i was in UK for, my private life in the UK and my 'value' to the country etc etc. I represented myself and had an opportunity to put all my points across and refer to evidence as well (I even tried to point out the faults in the maintenance funds rule!-but was told its not applicable). At the end of the hearing the HO represantative happily talked to me about the case and said it was clear cut and he did not know why HO asked for reconsideration. The appeal was allowed and the HO did not challenge. So now I am waiting for the calling in letter. I think if anyone has an appeal coming up and you are confident that you have good reason to be granted the visa-represent yourself. If I had left my case in the hands of a lawyer they would not have put as much effort in to getting evidence. Always good to be well prepared especially since HO representatives have a lot of cases. I also brought my partner and some of her family to the hearing-I think it helps if you are attempting ECHR appeal.

[madeabigmistake]

Hi,

Glad your case worked out! Could you give me a few details on it? I feel I have a good case on Art 8 as well (with many letters of reference from high up people in UK business and with letters from school for my child), yet the judge would not make a determination at the hearing (no HO rep showed). He told me he would decide within 2 weeks but to 'not be optimistic'. I'm feeling very discriminated against, to say the least!

Also, do you know how many times I can appeal? I would like to lodge a different visa application but cannot do so for at least 6 or so weeks.

Thank you!