If Appeal visa refuse to grant a visa, what should I do next ?

[rin0000]

Hi their,

Long time I haven't return to the forum, as I am waiting for my appeal on 2/04/14. I know the judge does not answer straight away that is a "yes" or "no" they will sent letter in the two following weeks!

Briefly: I applies a visa for my son to join me in uk on April 2013, the visa got refused so I files for appeal and due to appeal hearing date on 2nd April 14.

Question?

1), if the appeal visa is a NO answer, what can I do next?

1.1, can I apply for visa again?

1.2, does it's have other visa category apart from family settlement?

My son he's 10 years old still in education

1.3, does family visit allowed him to go to school ?

Any body have a similar cases? Or any knowledge about this, any advice ? please help

Thank you

[7by7]

1.1) If his appeal is refused there is no reason why he cannot apply again; but unless all the reasons for the refusal are adequately dealt with he will only be refused again.

1.2) If the aim is for him to live with you in the UK then a settlement visa is the only option.

1.3) No, he cannot go to school while in the UK as a visitor; and a visit visa is only valid for 6 months anyway.

[rin0000]

1.1) If his appeal is refused there is no reason why he cannot apply again; but unless all the reasons for the refusal are adequately dealt with he will only be refused again.

1.2) If the aim is for him to live with you in the UK then a settlement visa is the only option.

1.3) No, he cannot go to school while in the UK as a visitor; and a visit visa is only valid for 6 months anyway.

Thank you very much.

[rin0000]

Hi All,

I've received the letter today says about

Notice of withdrawal

They ticked the box as below,(2)

2) The respondent has withdrawn the original decision(s).

And under box says...

(The Tribunal is satisfied that this appeal has been withdrawn.)

And the other letters say....

Please be advised that the decision in the above appeal has been withdrawn by the Home Office.

In accordance with rule 17(2)of the asylum and immigration tribunal(procedure)rules2005 the appeal

Is to be treated withdrawn.

The hearing listed for 2/4/14 may now be vacated

So..the question

1) does this mean my son get a visa to join me?

2)or dòes it mean "NO" and then I need to apply a visa for my son again?

3) where can I find out a bit more further details?

Please help if anyone know?

Many thanks

[Basil B]

As I read it, the respondent (UKVI) has withdrawn their decision to deny entry.

2) An appeal shall be treated as withdrawn if the respondent notifies the Tribunal that the decision (or, where the appeal relates to more than one decision, all of the decisions) to which the appeal relates has been withdrawn.

http://www.justice.gov.uk/downloads/tribunals/general/consolidated-ait-rules-191211.pdf

It is unfortunate that you have to go to all this but I assume you will now get a visa for your son.

I hope you will also receive a refund of fees for the appeal and a good account of why the visa was refused in the first place and why it took so long for them to reverse their decision.

Edited March 29, 2014 by Basil B

[rin0000]

As I read it, the respondent (UKVI) has withdrawn their decision to deny entry.

2) An appeal shall be treated as withdrawn if the respondent notifies the Tribunal that the decision (or, where the appeal relates to more than one decision, all of the decisions) to which the appeal relates has been withdrawn.

http://www.justice.gov.uk/downloads/tribunals/general/consolidated-ait-rules-191211.pdf

It is unfortunate that you have to go to all this but I assume you will now get a visa for your son.

I hope you will also receive a refund of fees for the appeal and a good account of why the visa was refused in the first place and why it took so long for them to reverse their decision.

Thank you, I hope so that's my son will get a visa stamp on his passport!

But all the cost and time is 12 months that took them to made the decision!!!

And now what can I do? Wait again? How long and how could I find out about the further information?

[Seekingasylum]

This quite appalling state of affairs, that an applicant is refused,the ECM declines to reverse the decision on receipt of reasonable representations and cynically dismisses all argument with the blandishment the applicant can always appeal only to lose, or, as in this case, withdraws refusal when someone in the Home Office Presenting Officers unit deigns to examine the case and identifies more holes in the refusal than a block of Swiss cheese, will only continue as long as the AIT have no sanction.

This poor person has had to wait nearly a year and, if she briefed lawyers, could be out of pocket by over £1000. If the courts had the power to award costs then the UKVI would be less cavalier in the way they treat applicants. Quite disgraceful really but then, what else does one expect from a department so riven with hypocrisy and weasel-worded cant.

[7by7]

In general, Seekingasylum, I agree with your comments.

However, with respect to Rin, the refusal of her son's visa did, in the circumstances, seem reasonable as they had lived apart for over 6 years and she provided very little evidence of contact and sole responsibility over that period.

See this topic and this one.

What is appalling is that the Home Office have waited for over a year until the actual hearing before deciding to withdraw. If they felt that they could not support the refusal well enough for the the tribunal to confirm it; why not overturn it themselves earlier?

Rin, I wish you and your son a happy life together in the UK.

Edited March 30, 2014 by 7by7

[rin0000]

Thank you all for reply, yes this refusal had cost me so much!! But you know....I would like all the cost back but at the moment all I want is my son live with me.

Even tho I still not even 100% sure when will my son going to get visa? When will home office contacting me?

And I don't even know what to do from now...how long should I wait before I can contact embassy?

I just can't believe a visa could messed with people life, emotional, nerve wrecking, financial so much?

All I want it's them to confirm about visa that's it has granted!!! That's all I need.....

Thank you to all again very much appreciated it.

[Basil B]

I have just read a little more into it and it may not be good news, I read this on the Internet: http://www.freemovement.org.uk/withdrawn-decisions/

I am not sure whether this guy (Colin Yeo) is impartial but he is barrister specializing in immigration law.

Seems you now have to wait for another decision which could be another refusal.

[rin0000]

I've read the above post,now... it's worrying me so much and where should I turn...

Question:

1) shall I contact British embassy because I did not understand all this procedure ?

2) or shall I wait until they 100% happy with their decision and then they'll let my know?

Any suggestion please?

[Basil B]

I am assuming this is now back with the Embassy, it is disgusting that they can inform the court that they are withdrawing their decision but have not written to you to:

• Explain why?
• What the next steps are
• What you need to do

Maybe the letter is in the post, lets hope so.

[rin0000]

I know... Let's hope they contact me soon. why can't they just tell me YES or NO ? If yes I'll happy to wait, if No then I'll get my docs ready to apply and try one more time.

But they're just left it blank! ( Well...if clients want to know they will figure out how or what to do next themselves)

Why it's so difficult????

[7by7]

I understand that, unless chased, it could take a further three months before the embassy contact your son to issue the visa.

You presumably had representation for the appeal; what do they say?

[rin0000]

Hi, I've called the courts today and they told me that 95% my son will get the visa and the procedure could take up to 12weeks,

The British embassy will contact me for further state, so all I do now is waiting.

Thanks again.

[ThaiVisaExpress]

Hi, I've called the courts today and they told me that 95% my son will get the visa and the procedure could take up to 12weeks,

The British embassy will contact me for further state, so all I do now is waiting.

Thanks again.

Maybe you can use this new service. I have opened a new thread :

http://www.thaivisa.com/forum/topic/715748-new-uk-international-enquiry-service/

Tony M

[rin0000]

Thank you