Page 1 of 1
appeal laws follow by tribunal
Posted: Wed Feb 22, 2012 4:51 pm
by scorpio1
Hi all,
I am looking for some information but still struggling to find it out hope some one from forum can help me.
My query is if any visa application is refused (outside) country then how should first tier tribunal handle appeal?
What law/regulation should be followed?
Example is first of all tribunal check validity/invalidity of appeal, tribunal found invalid appeal lodged then tribunal got any right to share all file with ukba or not?
Thanks in advance for any guidelines.
Posted: Wed Feb 22, 2012 11:41 pm
by Obie
Your question is very vague, and there is a likelihood you will not receive any answer.
1. What was/were the reasons for refusal?
2. Is there a right of appeal?
3. Has the period for lodging appeal passed?
4.
Section 84 of NIA Act 2002 provide various ground of appeal, depending on the circumstances.
Posted: Thu Feb 23, 2012 9:41 am
by scorpio1
Thank you Obie for reply,
Well, my earlier mail was for open discussion.
Just rule/legislation follow by tribunal during appeal filed.
It was general visitor visa application and refused on genral reason ( not sure if applicant come back home country)
NO there wasn’t full right of appeal but only limited right, later eco issued full right of appeal as applicant clamed decision breached human rights.
And appeal lodged within time after eco re issued appeal.
my main concern is if appeal is invalid then can tribunal share a file with ukba? if yes under what law/section?
Any comments welcome
Thanks
Posted: Fri Feb 24, 2012 2:14 pm
by scorpio1
Any suggestions please,
I can understand query is technical though but might be some one give some time on it.
Thanks
Posted: Fri Feb 24, 2012 2:30 pm
by Obie
Firstly query is not relevant to EEA section application.
If you appeal and tribunal concludes appeal is invalid as appealant dont meet the criteria for relative who qualify for family visit visa, then yes, UKBA will be notified of this decision, as it is likely to be made after the hearing.
Posted: Fri Feb 24, 2012 2:52 pm
by scorpio1
Thanks again,
i agree ukba will be notified by decision but i have concern to share all file without any hearing.
when appeal lodged then someone (judge) just check either appeal is valid/invalid if appeal is valid then go for next step and tribunal set date for hearing either oral/paper and give a date to ukba to submit file.
On other hand if tribunal concludes at initial stage that there is invalid appeal then will be next? Simply inform both parties about decision. but if they share whole file with ukba then..
i don’t think its making sense to share file though.
Thanks.
Posted: Sat Feb 25, 2012 4:01 pm
by scorpio1
Any shed of light here please.
Many Thanks
Posted: Mon Feb 27, 2012 3:45 pm
by Obie
Posted: Wed Feb 29, 2012 2:27 pm
by scorpio1
just quick to say thank you,
let me to look at this.