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Review of visa refusal

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amserve
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Posts: 45
Joined: Thu Feb 07, 2008 5:36 pm

Review of visa refusal

Post by amserve » Fri May 22, 2009 10:52 am

Can Anyone tell me how their refusal for entry clearance was successfully overturned ?

batleykhan
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Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Fri May 22, 2009 11:34 am

Two ways:

1. After Appeal notice is sent back, the Entry Clearance Manager at the Embassy looks at it, reviews it and then decides whether the initial decision by his ECO is correct or incorrect in light of what you have stated in your Appeal Notice. If he says the earlier decision was wrong, he will authorize the visa to be issued.

If on the other hand he says the earlier decision is correct, then he will forward the papers to the Immigration Tribunal court and you have to argue your case in front of independent adjudicator. If the IA agrees with you, he will request the Embassy that the visa be given.

These are the only two ways where a refusal decision can be overturned.

Hope this helps

amserve
Newbie
Posts: 45
Joined: Thu Feb 07, 2008 5:36 pm

Post by amserve » Fri May 22, 2009 5:30 pm

thanks Khan,

I understand the procedure the ecos SHOULD follow, however, I am more interested to know whether anybody has actually been successful in overturning the refusal by review ?

batleykhan
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Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Fri May 22, 2009 8:46 pm

Yes it has been done several times, I think Susy1 on this forum is one such person,but it took a few months to sort it out.

http://www.immigrationboards.com/viewto ... ht=#255160

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