Right of appeal refused due to visa application date

[akilk]

Hi,

I am in a real pickle. My student visa was expired on 31st January. I sent in my application for an extension till July for my graduation via special next day recorded delivery. When I checked, I recieved confirmation that my application was delivered to the Home Office on the 30th of Jan - 1 da beforemy student visa expired.

However, my application was rejected. But, on the decision form it was stted that I did not have a right to appeal as my application date 12th of February.

Now - my question is that even if the date of the application is the date the Home Office recieves the application via post - that date should be 30th January - which is before my visa expired. 12th of February seems to be the date they acknowledged the receipt of my application.

How can I contest this. I've been in the UK for 7 years nw - having completed first a BEng and on Monday an MSc. I don't want to have in the end that I overstayed illegally in the UK because of this.

Thanks.

[vinny]

Date of application is the date of posting (34G-34I). You have the right of appeal.

The recorded delivery receipt is proof of the date of posting.

[akilk]

Thanks so much for the quick response, vinny.

My case seems to be a little complicated, so I'll ask about the next dilema I have.

I haven't recieved my passport back. On the decision letter it stated that because of the date of application was 12th of February, my documents have been forwarded to the local enforcement centre. This is not the major problem.

The major problem is that this decision was dated o the 26th of May. However - because of some reason - I never got this decision letter when they sent it out. I had started calling home office last month, and I was infrmed that a package had been sent out on the 29th of May but was returned to them on the 4th of June. They gave me a royal mail reference number. But when I checked this number, there was no information available. When I called royal mail, they didn't have any record, and one agent even almost gave me a heart-attack by stating that the package was lost! I then reconfirmed with the home office, and they stated that they had recieved it back on the 4th of June, as no one was there to sign for it. However, neither I, nor royal mail have any proof that there was even an attempted delivery.

Now - afer e-mailig and faxing the home office that I need my passport URGENTLY, I finally recieved a letter from them last wek stating that they hadn't recieved the documents back and would send it out as soon as they did.

So - yesterday I recieved my documents, minus my passport. However, on the decision letter it states that I have to contact the local enforcement centre by the 5th of June.. This is like LAST MONTH! I am worried they are going to arrest me and put me in a detention centre. And I'm supposed to be graduating on Monday. I am in real crisis!!!!!

How do I get my passport back?

Thanks.

[vinny]

So - yesterday I recieved my documents, minus my passport. However, on the decision letter it states that I have to contact the local enforcement centre by the 5th of June.. This is like LAST MONTH! I am worried they are going to arrest me and put me in a detention centre. And I'm supposed to be graduating on Monday. I am in real crisis!!!!!

The decision to make removal directions would generate a right of appeal, and the tribunal could then look at the merits of the case.

As your case is complicated, see also Any good law firm recommendation??????????????

[akilk]

Hi vinny,

I've read the testimonial that you posted on the lawyer recommendation topic. I have tried to contact Davies Khan, aka 'thescouser'.

I've just e-mailed him with my whole situation and asked for some advice on what procedures to follow and where I currently stand with regards to an appeal.

However, I see that he deals mostly with migration visas and marriage related visas. I know I am going to have to lawyer up, but I jus require some advice as to what to expect my lawyer to do. Do you think "thescouser" will be able to help me out in that regard?

Thanks,

PS - I'm off for grad ceremony with a slightly easier feelin, knowing that I do have a right of appeal rgarding the date of my application. Thanks for confirming that, man.

Akil.