What happens to documents at appeal?

[toneee]

My wife is going appeal against the refusal of her entry clearance, to see if they might overturn their decision. If not, it then gets sent to the UK, which as you know takes many months.

We'd like to also submit a new application, but won't the appeal go with all of our evidence? How can we reapply if our things are on their way to the UK?

[London coool]

My wife is going appeal against the refusal of her entry clearance, to see if they might overturn their decision. If not, it then gets sent to the UK, which as you know takes many months.

We'd like to also submit a new application, but won't the appeal go with all of our evidence? How can we reapply if our things are on their way to the UK?

If your wife was given a "Right of Appeal" then her appeal bundle (documents) would have been sent to the Immigration Tribunal in UK.Before then the case gets reviewed locally by the decision-making ECO and cross-checked by his manager (the ECM).If he still sticks to his initial decision the case gets sent to the Tribunal.

You can not re-apply again for another entry clearance while you still have an ongoing appeal. You have to withdraw the appeal case first.If you do,its an automatic refusal.

[toneee]

Really? I'm sure people have mentioned reapplying while an appeal is going through.

I want the entry clearance officer to reconsider, but that's it. Maybe I can wait for his conclusion, then if, as I suspect, he stands by his decision, I'll withdraw the appeal. Is that possible?

[ppron747]

You can not re-apply again for another entry clearance while you still have an ongoing appeal. You have to withdraw the appeal case first.If you do,its an automatic refusal.

Where did you get this, London coool? I don't think you're right...

[Brit Chick]

You can make a fresh application while a appeal is pending, as I have done thie recently myself.

[kaykayzero]

Just to re-confirm that the guidelines clearly state that u can reapply while appeal process is on.

The official appeal process is that you send documents (photocopies) to authenticate the position presented to the at the initial application stage to the Appeals Tribunal. The tribunal then forward these docs to the Overseas mission for the Entry Clearance Manager to review the new info. If satisfied an EC may be given at this stage. However if not they docs as sent back to the Tribunal for a hearing date to be given.

From my experience, it is possible that the Overseas mission does not respond to the Appeals Tribunal in which case the the appeal will definitely be heard by the Tribunal - this happened in my case. The implication is that a decision may be delayed since the appeal process takes quite a while to be decided.

KAY

[London coool]

You can not re-apply again for another entry clearance while you still have an ongoing appeal. You have to withdraw the appeal case first.If you do,its an automatic refusal.

Where did you get this, London coool? I don't think you're right...

You can re-apply just for the sake of it but an ECO will not grant an EC while the applicant has an outstanding appeal.

When you send in a re-application the first thing that the ECO does is to check up the bio-data details on the FCO 's CRS database,the Warnings Index database and the HO CID database. It will show that there is already a concurrent application in the system and a standard refusal letter for that purpose would be issued.

[ppron747]

And where did you get that?

[kaykayzero]

London cool,

Can that be correct?

For a re-application while the appeal is on, will the refusal letter be a rehash of the earlier one?

Members who have personal experience of moderators should please advise.

Kay

[ppron747]

Hence my querying it, Kay! It seems to me that, unless the fresh application is absolutely identical to the previous one, with no additional evidence to refute the grounds for the earlier refusal, it must be considered on its own merits.

London coool?

[toneee]

This is getting really confusing. Having been reading the posts on this forum for the past six months, I've been given the impression that there's no reason why you can't reapply while the appeal is going through. I'm giving new evidence with the appeal, so the new application would not be exactly the same as the original application.

What I want is to do is to let the ECO look at the new evidence and possibly change his mind, but if he doesn't I want my documents back so we can reapply. Can I withdraw it any time I like?

[London coool]

London cool,

Can that be correct?

For a re-application while the appeal is on, will the refusal letter be a rehash of the earlier one?

Members who have personal experience of moderators should please advise.

Kay

Let me just clarify different perspectives of procedures.I'm an insider who works strictly with operational guidelines and I will tell you how your application would not be workable within the guidelines. An Immigration consultant on the outside would tell you how it would be workable. It depends on how both people see it. Without asking what category of EC or Visa you applied for and the reasons for your refusal let me ask you hypotheticlly...Assuming you re-applied and obatined a Visa and also your Appeal was granted which Visa application (VAF)or EC would the ECO endorse in your passport as you would have 2 valid visa applications granted ??

If you are going to rectify the anomalies of the first visa application by re-applying then why go ahead with the appeal (which is a 50/50 situation) ??

Finally, from experience those who implement the Immigration/Home Office/FCO guidelines (i.e EO's, IO's, CIO's,ECO's & ECM's) do take stances on the same set of rules based on their personal inclinations (the same applies to AIT judges). Some are hardliners, some are middle-of -the road/liberals while others are easy-going).Most cases depend on where it is being handled and who is handling it.

[Brit Chick]

Well surely they will consider the fresh application on it's own merits, as obviously it is going to be different from the previous anyway.

And why would the rules allow for a fresh application to be submitted with a pending appeal if it's going to result in automatic refusal anyway?

[toneee]

I phoned the embassy in Harare and was told that if I didn't want the documents sent to the UK, my wife could write it on her appeal form. We're going to do this and reapply.