Appeal Pending

[NE2u]

Hi all

The wife was refused her settlement visa for the uk just before x-mas,mainly because of lies by the ECO on the refusal paper,he stated that when asked she couldnt tell him about anything about my life and moreso my hobbies in England.She was not asked anything on this matter and would have spent a good time talking to him about it if she had been asked.

Ihave wrote to my MP who is disgusted at not only this matter but a few other things that happened that day in Bankok embassy,he has took my case to Liam Byrne in parliament.

Also i have fromally launched the appeal with the tribunal for immigration who have sent the letter to ackowledge the appeal,which is now pending.

I do know this will probably be a long drawn out process as they have given the uk embassy in bangkok until May to give there side of things.

Just wondering if anyone has had experience of the appeal process and would like to read them,good or bad,this is not something i know to much about so would like to find out a bit more.

cheers

kev

[the scouser]

Kev,

Once the ECO has submitted their papers to the AIT, a copy will be passed to you and a date set for the hearing. This will be for a date approximately 8 weeks later. You will then have until 5 days before the hearing to submit your bundle to the court and the Home Office Presenting Officer (HOPO).

On the day of the hearing, all the cases to be heard that day turn up at 10:00 and the immigration judges decided which will be heard first. Therefore you might have to wait until the afternoon session. Once the hearing starts, the judge will give a bit of a preamble, explaining what is to happen and then you start by giving your side of the story. You can call as many witnesses as you wish, and each can give evidence. The witnesses will be liable to cross-examination by the HOPO and the judge may have some questions, too. The HOPO then gives the ECO's version of events and he may be cross-examined by you. Each side then sums up and that's then it. The judge is unlikely to give his decision there and then, but will reserve judgement and you will then receive written notification of the determination about 2-3 weeks later. If the appeal is allowed that means you've won, and disallowed means you've lost.

Either party can appeal the decision, but only on the basis that the immigration judge misapplied the law in reaching his verdict. If your wife wins her appeal, it is unlikely that the HOPO will appeal unless there is a particular point of law which he believes to need clarification. The appeal determination is copied to the ECO in Bangkok who should then contact your wife and invite her to attend the embassy to have the visa issued. There are certain circumstances in which the ECO can decline to issue the visa, despite your wife having had her appeal allowed, but these are few and far between.

All the best,

Scouse.