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allan duffy
17th Apr 2007, 04:00
My wife Min has had her s/visa turned down under sec 281 (they don't think that it is a genuine relationship). Unfortunately Min got very confused when she had her interview and made several mistakes. We had discussed the questions she would be asked but she said she went blank and gave the wrong year when we met and forgot my address in uk and what my two sons did for a living. I have had to get a copy of the refusal notice by e-mail from the embassy. My question is what do I do now, I know I can appeal (her interview was on 29th march) so it has to be done quickly. Any advise would be much appreciated.

allan duffy
17th Apr 2007, 04:00
My wife Min has had her s/visa turned down under sec 281 (they don't think that it is a genuine relationship). Unfortunately Min got very confused when she had her interview and made several mistakes. We had discussed the questions she would be asked but she said she went blank and gave the wrong year when we met and forgot my address in uk and what my two sons did for a living. I have had to get a copy of the refusal notice by e-mail from the embassy. My question is what do I do now, I know I can appeal (her interview was on 29th march) so it has to be done quickly. Any advise would be much appreciated.

richardb
17th Apr 2007, 04:16
pm me your no. when you get the refusal notice.. I will be happy to go through it with you.

Richard

Noi & Nick
17th Apr 2007, 05:18
The notice of intention to appeal must be returned to the embassy within 28 days of the refusal. So, if you have not already done so, send it back now!

Roberrrt
17th Apr 2007, 14:12
Hi Allan,
Sorry about the refusal. I'd think about putting in the appeal quickly as you've been advised here.
But bear in mind that it is a very long process that doesnt guarantee a positive outcome for yourselves. We appealed against our refusal, made on financial grounds, and won the appeal. The time it took from the refusal to the embassy issuing the visa was 15 months.
In a lesser timescale you could certainly convince the eco of the genuineness of your relationship and resolve the matter more quickly. Alot of settlement visas seem to be issued within 6 months of couples meeting, and another application within a reasonable time would show the eco your commitment to being together.
You've nothing to lose by getting the appeal in, but I'd get as much advice as possible about your chances with another application within the next few months.

Best Wishes
Rob

Noi & Nick
18th Apr 2007, 05:13
Originally posted by Roberrrt:
You've nothing to lose by getting the appeal in Quite.

When the visa section receives the notice of appeal, the first thing that happens is the original decision will be reviewed. The reviewing officer can reverse the refusal and issue the visa, refer the decision to the Home Office in London or uphold the refusal. See 27.4 - Appeal procedures at Post when refusal was made locally in DSPs Chapter 27 Appeals (http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1035898737392)

Also, if while awaiting the appeal you submit another application which is successful then you can withdraw the appeal. See 27.9 - Fresh application while an appeal is outstanding

But remember, if you do apply again you must address every point raised in the refusal, otherwise they will just refuse again.

Best of luck.

richardb
19th Apr 2007, 04:07
A general point on appeals.

I strongly disagree that appeals should be lodged " now " or immediately.

If a deadline for an appeal is 5pm on a Friday faxing it through at 4.55 on a Friday is quite acceptable. In fact appeals are best let lie for a period. A appeal made in the heat of a recent rejection may too easily reflect the bruised emotions of the appellant rather than raise the factual or legal errors in that decision. Like a fine wine grounds of appeal should be given time to mature to evolve. If you are given 28 days make use of them and use them wisely.

Richard

Noi & Nick
19th Apr 2007, 05:47
What you say makes sense, Richard.

However, I was basing my advice on the assumption that submitting a notice of appeal was simply getting the process started and that the appellant would have the opportunity to present their case and any extra evidence at a later date.

Is this not the case?

Roberrrt
19th Apr 2007, 15:21
Nick,
You have to give the reasons you are appealing with your application. You can expand on these and give furthur information later. Just say you are sending info on later.
The AIT will use the application info to either accept or reject the apppeal, so it would pay to be thorough.
It certainly would pay to stay very objective as to why you disagree with eco, as you are arguing that she has made a decision that is unlawful as far as the immigration rules are concerned - heavy stuff !
I still think there should be an informative section on appeals on the site.

Rob