Uk Settlement Visa

[TSC]

Does someone has any knowledge or experience on how the process in the Independent Appellate Authorities (IAA) in the UK is working?

Is it necessary/advisable to have a legal representation in that process?

Thanks

[the scouser]

Hi TSC,

There are 2 types of appeal hearing. You, the appellant, can decide whether you want the appeal considered on papers, i.e. just on the basis of the paperwork before the adjudicator, or whether you want a full oral hearing.

An oral hearing is quite formal, akin to a court. The Home Office is represented by one of their presenting officers and you can represent yourself although I would advise having a brief. The Immigration Advisory Service will represent you for free if they believe there to be merit in the appeal.

When the adjudicator opens the hearing the Home Office puts their side of the case which will principally rely upon what is called an explanatory statement which the visa officer will have had to write, giving the reasons why he refused the visa. You will have been provided with a copy of this prior to the hearing. You then get the opportunity to cross-examine the HO presenting officer. It is then your turn to present your case; i.e. why you think the visa should have been issued. You can produce witnesses if you so wish but they will be open to cross-examination by the HO presenting officer.

In almost all cases the adjudicator will not give his decision there and then but will reserve it. About 2-3 weeks later you will then receive a copy of his determination which will either allow the appeal (you win) or reject it (you lose). The losing party can apply for the appeal to be heard at the next highest court (the Tribunal) but the Tribunal is only allowed to consider whether the adjudicator has erred in law. It cannot just overturn an adjudicator's decision on a whim, there has to be a legal reason for it.

If your g/f has been refused a visa, however, it can be of assistance to submit a letter now, along with the appeal notice, asking the head of the visa section (ECM) to reconsider the decision, setting out the reasons why you believe it to have been wrong. This achieves 2 things; firstly the manager might change his mind and give your g/f the visa, and secondly, the letter would form part of the bundle placed before the adjudicator and the ECM would therefore have to give it very careful consideration knowing that it will come under close legal scrutiny.

Hope that's of assistance.

Scouse.

Edited March 11, 2005 by the scouser

[TSC]

Thank you for your valuable advice, Scouse.

A couple of quick questions, if I may...

1. Referring to "You can produce witnesses if you so wish ...",

Would I be allowed to invite my g/f as a witness? Any precedent case in point?

2. You have mentioned "the head of the visa section (ECM)".

What is ECM? Where I should send a letter asking to reconsider the decision of refusal to?

Thanks again!

[GU22]

TSC, don't know the answer to your first question, but I'm sure Scouse does.

As to the second, ECM stands for Entry Clearance Manager. The address is:-

Entry Clearance Manager

Visa Section

British Embassy

1031 Wireless Road

Lumpini, Pathumwan

Bangkok 10330

Thailand

May I ask what reason the ECO (Entry Clearance Officer) gave for refusal? It may be that the ECO was justified in refusing, and so any appeal would be rejected. I know of many cases where a visa has been rejected, the applicant/sponsor has looked at the reason given, dealt with that and then re-applied and been successful.

I don't know if that is the case with you g/f, but if you can tell us what the refusal notice says then we can advise which is the option more likely to succeed.

[the scouser]

TSC,

Unfortunately your g/f would not automatically have a right to attend the appeal hearing, although she could apply for a visit visa for the purposes of giving evidence at her own appeal. That'd be a novel approach!

Scouse.

[TSC]

Thanks GU22,

Just today I have received a response from the embassy, which reads

as follows:

Thank you for your fax ...

Ms Jane Doe appeal was forwarded to the Independent Appellate Authorities (IAA) in the United Kingdom on 4 March. The IAA will advise interested parties of the date and place of hearing. We take no further part in the appeal process.

As soon as I get the papers, I will let you know.

[GU22]

Ok, I meant, though, the reason why her visa application was refused, which should have been given to her in writing at the time.

The point however is moot, as you have obviously started appeal proceedings.

Good luck.

[TSC]

That'd be a novel approach!

<{POST_SNAPBACK}>

Does it have a merit in your opinion?

Isn't it a decision that should be made by court (the adjudicator in that case)?

Your judgment is invaluable!

[the scouser]

Hi TSC,

As the appeal is a civil rather than criminal matter it is unlikely that the adjudicator will insist upon your g/f being present to give evidence.

To be honest, there's nothing to be lost in applying for a visit visa expressly for the purpose of appearing at her own hearing. The worst that can happen is she is refused. I do believe, though, that it is unlikely that such a visa would be granted as the visa officer would be subverting his own decision to refuse the fiancée application. However, if you were able to convince the visa officer that your g/f would only be coming to the UK for this purpose and would then return to Thailand then there is no reason, in theory, why she shouldn't get a visit visa.

Cheers,

Scouse.

[GU22]

TSC,

Just noticed that your website (or at least a website you've been promoting in other threads) carries an ad for a visa agency that says "Fiance visa 100% success."

As there has been some discussion here recently on the merits, or otherwise, of using agencies, may I ask: What went wrong? Why aren't this agency dealing with this for you? Or did you not use their services?

Edited March 11, 2005 by GU22

[TSC]

Ok, I meant, though, the reason why her visa application was refused, which should have been given to her in writing at the time.

The point however is moot, as you have obviously started appeal proceedings.

Good luck.

<{POST_SNAPBACK}>

An original appeal I sent on behalf of my g/f as her sponsor/representative counting on all points in the refusal notice. The main point of refusal (as I understand) were related to CREDIBILITY (as she don't know me well enough), so I counted it as it has been my decision to marry and to allot her a better life than she has at present. The other were minor issues related to some documents, etc.

[TSC]

As there has been some discussion here recently on the merits, or otherwise, of using agencies, may I ask: What went wrong? Why aren't this agency dealing with this for you? Or did you not use their services?

<{POST_SNAPBACK}>

The agency you referred to is mainly dealing with the visas to US and their fees are over my budget.

[TSC]

I just learned that on 4 April 2005 the IAA will be replaced by the Asylum and Immigration Tribunal (AIT).