Hi

It just gets worse.

My wife applied in june 2006 for a settlement visa which was turned down,so we appealed this was also turned down so i asked for a review and the head imigration officer said yes to a review.Well i have just got back from this review and the judge has ordered another appeal which is good news but the bad news is that has come to light is that neither todays judge or the person representing the embassy had the BUNDLE,so how could the judge who dismissed the original appeal come to that decision.

Binnsy

Binnsy,

Whilst the embassy either failed to submit their bundle, or it wasn't properly distributed, likewise, if I recall correctly, you didn't get your bundle in. Had you had your paperwork before the original immigration judge, you would have already been one up on the embassy and he might have allowed the original appeal.

I don't know what type of hearing you originally opted for, but I would certainly ask for an oral hearing. This means that you get the opportunity to give evidence in person rather than a judge sifting through the papers in his office. It is about time, I believe, that you get legal representation. I'm not saying this to feather my own nest, but you should certainly approach either an immigration solicitor or an OISC-registered adviser in your neighbourhood in order to ensure that you fulfil your responsibilities to the court, too, and ensure that your bundle arrives on time.

Scouse.

Binnsy,

Adverse decisions by an administrative source are appealable before an adjudicator for a purpose. Generally the decision may be challenged because it is wrong in law or because the grounds on which it was based can not be supported by the facts. In an appeal where you may be present the Home Office will de facto be at a disadvantage simply because there you are, possibly a year or more down the line, presenting the very same evidence you lodged in support of your partner's application reinforced by all that may be adduced in the meantime.

It's a bit like the duck definition really. If it looks a duck, sounds like a duck and waddles like a duck, hey, it's probably a duck.

You love your wife, can prove she's your wife and can support your wife then she can be your wife. Simple really and most if not all adjudicators when presented with the overwhelming evidence that you are in a relationship that meets THEIR interpretation of the rules, will find for you. There are legal niceties surrounding what evidence might have been available at the time of the application and what may be adduced subsequently but in reality if the adjudicator is impressed by your testimony and convinced that the relationship is genuine he will rule accordingly.

You need to get your ' ducks ' in a row first and now that you have been given a second chance I would strongly urge you to take legal advice not least because without it so far you seem to have made a bit of a pig's ear out of things.

But as they say, up to you.......