Post Appeal Hearing Process

[Coire67]

Last August my Partner was refused a settlement Visa to the UK, we decided to appeal and now go to court at the end of the month. Being positive about this and assuming we win I understand the process as follows:

Post court hearing the judge has up to 6 weeks to make a decision

If we win the Home Office has a further 5 working days to appeal the decision.

If they don't then my partner will be called to the embassy in BKK for an interview and get her passport stamped.

Now I have several questions here:-

1. If we win am I entitled claim compensation and my legal costs from the government?

2. Roughly how long after the decision does the embassy take to make the appointment for my partner?

3. Can I attend this interview with her?

4. It will be 9 months since my partner had her TB x-ray - will she require another one?

5. Is there ANYTHING else we have to do (either UK or Thai regulation) either before or after my partner's passport is stamped with the visa before she can come to the UK?

cheers

[the scouser]

When your patner's appeal is heard, it is likely that the immigration judge will reserve judgement; i.e. he will not announce his decision there and then, unless either your case or the Home Office's is so weak that it has no merit whatsoever, in which case a decision may be promulgated at the time of the hearing. In general terms you will receive the judge's determination within 2-3 weeks of the hearing. If your partner's appeal is allowed (she wins), the Home Office will have 5 working days in which to seek leave to appeal the decision. However, any subsequent appeal can only be on the grounds that the immigration judge erred in law in considering the original appeal. It is therefore unlikely that leave to appeal will be sought.

Once the 5 days has elapsed, the Home Office should send a copy of the determination to Bangkok and they, in turn, should invite your partner to attend the embassy. If you have not had a response within 28 days of the determination having been promulgated, there is nothing preventing either you or your representative contacting the embassy. Providing that circumstances have not changed materially since the original application, the visa should be issued with the minimum of fuss. Your partner will not require a new TB test and there is nothing else you have to do. If you want to claim costs, have a word with your brief, although I have never come across a case where the issue of costs was raised. However, if the Home Office's case is so lacking in merit as to have been unsustainable from the word go, there is nothing preventing you from starting a claim in the divisional court for exemplary damages.

All the best,

Scouse.

[Coire67]

Thanks for answering my questions.