Got Our Appeal Date...now What?

[Deanuk]

Hi Guys

Weve finally recieved our appeal date (15th june) and have recieved all of the paperwork back from BKK. I thought this would include an outline as to what there case was against my wife and myself but alas nothing. Could anybody advise me on the run up and the actual court case as to what i should do/expect.

Much appreciated

Dean

[the scouser]

Dean,

You should have received the visa officer's explanatory statement and bundle which sets out the embassy case. If they have missed the deadline, you should have received a copy of the letter sent to them by the AIT which warns them for having failed to submit their paperwork in time.

Anyway, you now have until 10 June to prepare your bundle of evidence which has to be submitted to both the AIT and the Home Office Presenting Officer's Unit detailed on the letter. Unless you are confident of what you are doing, you may well need legal assistance with the preparation. Basically, you need to prepare witness statements for your wife and yourself, a paginated bundle of the evidence upon which you are relying, and a skeleton argument which sets out the reasons why you think the appeal should be allowed.

At the appeal hearing itself, you don't necessarily need to be represented unless you want a bit of moral support. Everyone is told to get there for 10:00 and the cases are then allocated to the various courtrooms. You may be lucky and be one of the first in, or you may have a long wait.

Once in the court, if you are unrepresented the immigration judge will guide you through the process. You might get asked a few questions, but largely the matter will be determined upon the bundles submitted by both you and the visa officer, and that is why it's important to have your papers properly prepared. It is unlikely that the judge will determine the appeal on the day. In most cases he will reserve judgement and you will then receive a copy of the determination through the post within a fortnight or so. The appeal can be either allowed or dismissed. If allowed, your wife has "won". However, the "losing" party has five days in which to decide to pursue the appeal, but this can be only on the grounds that the immigration judge erred in law when deciding the original appeal; it can't be argued that you simply think he reached the wrong decision.

On the assumption that your wife's appeal will be allowed, it is unlikely that the Home Office will pursue the appeal unless there is a particularly contentious piece of law they want clearing up. They will therefore write to the embassy in Bangkok advising them that the appeal has been allowed, and the embassy should then contact your wife in order to arrange to have the visa issued. The embassy can only decline to issue the visa where circumstances have materially changed since the original application.

All the best,

Scouse.

[Deanuk]

Thanks for the rapid response Scouse..

Ive checked and double checked but ive recieved... some paperwork from our previous application(not all of it)..... a notice of hearing...a copy of the interview notes...and a entry clearance explanatory statement (which just states paragraph 281 as the reason for refusal) Is this what your refering to as "the bundle"?

If this is what your refering to i can't see where there case is built from.. I understand what paragraph 281 means ...but see no evidence to substanciate this.

Regards

Dean

[the scouser]

It does sound as if you've got their bundle. It should be a doddle to win if their haven't even attempted to state why your wife failed to meet the requirements of para 281.

Scouse.

[atlastaname]

Hi Dean ,

you are quite lucky in getting a fairly quick response from the Embassy in Bangkok in sending the papers , and thus not a long wait for the appeal. Yes you have the "bundle" as its called and that includes the interview notes which you should read . In my case they were all handwritten and almost illegible , but you need to look at everything in case they have written something that wasn't said at the interview. You are quite lucky too if they have only cited para 281 and not elaborated on it . The vicious ECO who eventually sent our papers from Bangkok actually wrote SIX A2 sheets of paper as to why the visa was refused , so determined was he that we wouldn't beat him . Sounds like you didn't even get 6 lines , so it should be a lot easier for you . Do let us know and Good Luck

[Eff1n2ret]

"The vicious ECO who eventually sent our papers from Bangkok actually wrote SIX A2 sheets of paper as to why the visa was refused "

A2? Was it a poster campaign then? Did they take out ads on the telly as well?

[Mossfinn]

"The vicious ECO who eventually sent our papers from Bangkok actually wrote SIX A2 sheets of paper as to why the visa was refused "

A2? Was it a poster campaign then? Did they take out ads on the telly as well?

A particular industrious scribe it would appear, good spot Eff.

Good Luck

Moss

[atlastaname]

This is the problem with posting early in the morning (early for me anyway) !! My fingers should have typed A4 .. OOOPS. I did type vicious right though, which accurately reflects what they did.

[Deanuk]

Guys

i was expecting to be sent lots of paperwork with a detailed explanation as to why the visa was refused....but have just the interview notes and nothing else... the interview lasted 12 minutes and is typed on 1 page of A4 paper...from reading the interview...my wife got 1 question wrong..."what is the time difference between thai and uk"...she answered "about 5 hours....my husband calls me before he goes to work and it is afternoon here"

The other 42 questions were all answered correctly.

Dean

[the scouser]

What does the explanatory statement say?

Scouse.

[atlastaname]

Guys

i was expecting to be sent lots of paperwork with a detailed explanation as to why the visa was refused....but have just the interview notes and nothing else... the interview lasted 12 minutes and is typed on 1 page of A4 paper...from reading the interview...my wife got 1 question wrong..."what is the time difference between thai and uk"...she answered "about 5 hours....my husband calls me before he goes to work and it is afternoon here"

The other 42 questions were all answered correctly.

Dean

42 questions in 12 minutes is good going!! 3.5 a minute ....couldn't have been much depth to any of them. The question about the time is irrellevant .. they would/could not place any importance on her getting it ever so slightly wrong by answering 5 instead of 6 (or 7 depending on time of year). Mind you you say she got the others right , but thats right by your definition , could be they view some of her answers differently.Its possible. But none of this explains why you haven't got the statement from them outlining their case now and also the reasons for refusal which , in any case , you were given when she was initially refused. Are you positive there is nothing else in the "bundle?"

[mikeybee]

deanuk hope everything goes well and i will pick your brains when its my turn.

[Deanuk]

What does the explanatory statement say?

Scouse.

scouse the explanitary statement says...

the appellant had sought entry clearance for settlement in the united kingdom. The ECO was not satisfied that appellannt had met the requirements under paragraph 281 of the immigration rules HC395 for the reasons set out in the attached notice of refusal.

Atlastaname

the other questions were based around my business and my family...names ages etc...they have all been answered correctly. I also cannot believe that the bundle contains no more information for there case...but there is absolutly nothing else attached.

Mikeybee

no problem mate...ill keep everybody on the board informed as to how this developes.

[the scouser]

Dean,

So, your task is to rebut the reasons for refusal as given in the refusal notice. However, also address the other requirements of paragraph 281 of the immigration rules, too, in case the immigration judge decides that you've refuted the reasons for refusal, but have failed to demonstrate qualification under another criterion.

You should prepare separate witness statements for you and your wife and a skeleton argument which details how you think she meets the requirements of the rules. Any evidence which you rely upon should be copied, numbered, and covered with an index. This will then constitute your bundle and should be submitted to both the AIT and the Home Office Presenting Officer at least 5 days before the appeal is to be heard.

Scouse.

[Deanuk]

Thats for the info Scouse...much appreciated!