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how to appeal

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flo77
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Joined: Sun Jan 30, 2011 9:09 pm

how to appeal

Post by flo77 » Mon Feb 28, 2011 11:34 pm

I was denied visa based on 1. I didn't add my certificate and 2. The accountant that prepared my statements was not under a recognised body. I want to appeal. I have got my certificate to add and have my statement reviewed by an accountant under a recognised body. I don't want to use a lawyer. I just need an advise on how best to defend my case in court. Please reply swiftly.

Flo77

Greenie
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Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Tue Mar 01, 2011 9:46 am

Rely on the following

Section 85(4) of the Nationality, Immigration and Asylum Act 2002
On an appeal under section 82(1), 83(2) or 83A(2)] against a decision [the Tribunal] may consider evidence about any matter which [it] thinks relevant to the substance of the decision, including evidence which concerns a matter arising after the date of the decision.


NA & Others (Tier 1 Post-Study Work-funds) [2009] UKAIT 00025

“Its [s.85(4)] wording clearly encompasses not just evidence which concerns a matter arising after the date of decision but also evidence arising before it. Thus if there is evidence hitherto unavailable or simply not produced which concerns a matter arising before the date of decision, s.85(4) gives the Tribunal power to take it into account.â€

flo77
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Joined: Sun Jan 30, 2011 9:09 pm

going for an appeal

Post by flo77 » Wed Mar 23, 2011 1:32 pm

Please does anyone have any useful tips on how to defend and win your case in front of the judges on your appeal date. This is my first time and am going alone. What and what do I need to know starting from when I walk into the courtroom? Please help urgently cause its tomorrow.

Greenie
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Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Wed Mar 23, 2011 4:39 pm

have you already submitted your 'bundle of evidence' to the tribunal as per their directions?

flo77
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Joined: Sun Jan 30, 2011 9:09 pm

Post by flo77 » Wed Mar 23, 2011 7:05 pm

Yes I have, the appeal is for tomorrow. Any useful tips please

Mk2010
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Posts: 27
Joined: Fri Dec 24, 2010 3:10 am
Location: London

Post by Mk2010 » Thu Mar 24, 2011 5:28 pm

I found these tips below (thx to freemovement press)

Court Etiquette
===========

A lot of the basics of court etiquette may sound obvious, but it is the obvious things that
people tend not to do. A few simple instructions to start with:

- Be on time. Court starts at 10:00am. If you are ever late then apologise to the IJ immediately do not simply make an excuse.

- Dress appropriately suits. Even in the summer, do not take off your jacket without permission from the IJ.

- No eating & drinking in court. There is water provided on the table, do not take your own drinks in with you.

- Turn off mobile.

- Address IJ appropriately Sir/Madam, and always remember to stand whenever an IJ enters or leaves the room

- Address the appellants (you) representative appropriately. The representative may refer to you as my friend this is a term that legal professionals use. You should refer to the representative as the appellant?s representative or if you have taken their name refer to
them by that (Mr / Mrs / Ms).

- Use plain English at all times whilst it is unavoidable that technical issues will have to be addressed, there is no necessity to use some of the language that the judiciary or legal professionals may use.

- If you need a comfort break then ask for one.

- The courtroom is a professional environment. Do not argue with anyone.
If the representative is interrupting questions or submissions it is the IJ who will deal with this.

- All conversations to be conducted through the IJ. At no point should you and the rep get into a conversation or a dispute across the IJ.



Good luck and let us know how it goes.

Cheers

flo77
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Joined: Sun Jan 30, 2011 9:09 pm

Post by flo77 » Thu Mar 24, 2011 5:32 pm

Hey I just got back now, the judge said she will get back to me need sometime to study my document, the home office rep raised an argument that I dont have any document stating my trading name.

I pray is fine apart from that every other thing is fine, but is that the procedure?

Thanks

avi123
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Joined: Tue Mar 15, 2011 11:41 pm

Post by avi123 » Fri Apr 01, 2011 10:59 pm

Did you get any positive results? please let us know, as it would help other people who have similar situation like you.

Regards

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