Spouse Appeal

[azer1]

Hello,

My wife,the sponsor,could not attend my oral hearing day due to a transport problem.

Could you please tell if this may have a negative impact on my determination,which is due 10 days after the court hearing as AIT website says?

or must we do anything to explain the reason for her absence?

Many many thanks

[GU22]

All I can find after a quick search of the AIT website is Hearings; 4. The determination

Please note, only appellants and representatives receive a copy of the determination. Sponsors will not receive a copy unless the AIT has been notified they are both the sponsor and the representative for the appellant.

and Frequently asked questions

4. I am the Sponsor. Why have I not been sent a copy of the determination?

Only parties to the appeal receive the determination. A sponsor is not a party to an appeal. If you are both the sponsor and the representative for the appellant on our records, you will be served with a copy of the determination.

So, unless she was also acting as your representative or was going to give oral evidence, I don't think her absence will have an effect. I would still recommend that she writes to them to explain it, though.

Scouse probably knows more about appeals than any one else here, so hopefully he'll be able to advise.

[the scouser]

Whereas the immigration judge must still consider your appeal within the context of the relevant law, s/he won't be too pleased that your wife failed to turn up, and any sympathy you may have attracted will now be lost. It's also a bit late in the day for your wife to now explain herself. Ideally, a valid reason for non-attendance should be given to the court prior to the hearing and, in exceptional circumstances, an adjournment may be given. You'll just have to wait for the determination and see what it says.

Scouse.

[atlastaname]

Hello,

My wife,the sponsor,could not attend my oral hearing day due to a transport problem.

Could you please tell if this may have a negative impact on my determination,which is due 10 days after the court hearing as AIT website says?

or must we do anything to explain the reason for her absence?

Many many thanks

Well common sense dictates that it depends a bit on how important her presence was expected to be . If she was expected to give some testimony then of course it will have an impact. If all the facts were to be presented by your legal team then her absence will be less of a problem , but any judge can't help but notice that at an appeal hearing the sponser didn't turn up . Doesn't look great. Why didn't she just leap into a taxi ??