how to get Right of Appeal

[saira12]

my application was first returned as an invalid, i resent the visa extension application again, but by that time my application was couple of weeks out of time.
now my application has refused and i am not been given Right of Appeal.

is there anyway i can apply some where to ask at least give me "Right of Appeal"?

any past experience or expert advice would be appreciated.

[vinny]

How was it declared invalid?

[saira12]

How was it declared invalid?

thanks for your reply,
they object that photo graphs do not meet the mandatory criteria and returned as an invalid.
i sent them same application with new photographs immediately, that made application around 3 weeks out of time.

and
they refused application on some other grounds ( not due to as it was out of time application) but they did not give me Right of Appeal because application was out of time.

regards

[vinny]

Follow the same procedure as a late appeal.

My appeal will be late. What should I do?
If your appeal will not be received by the required date, you must explain why you were not able to submit it in time. You can do this in section 2 of the IAFT-1 application form. An Immigration Judge will then consider the documents and decide whether there are special circumstances that will allow your appeal to proceed. The Judge will not make a decision on your appeal at that stage. The Judge will only consider if your appeal can proceed.

Ask the judge to exercise discretion and treat your application as being in time.

12.2 Where a variation complies with all the requirements of paragraph 34A except the submission of photographs, and the applicant (and dependants if appropriate) has already submitted photographs with their initial application, discretion outside the rules may be exercised to accept the variation as valid.

....

13.3 Where an application (or variation) has previously been rejected as invalid under the immigration rules, and is then resubmitted, fully complying with the requirements of paragraph 34A, the date of application (or variation) will be the date that the application form is resubmitted, that is the date it is posted, delivered by courier or accepted at a public enquiry office. Caseworkers should ensure that the fee has been retained before confirming validity. A valid application (or variation) only exists once all the requirements of paragraph 34A of the rules have been complied with. However, if it is decided to reverse an initial decision to treat an application as invalid, the date of application in such a case is the date on which it was originally made.

[saira12]

thanks again vinny you have been exceptionally helpful.

you wrote in your post

"Ask the judge to exercise discretion and threat your application as being in time."

can i ask what do you mean by "threat" here and second this is my confusion where shall i raise these concerns as i have not been given" right of appeal" .

could you please tell me in detail in which court i should go and fight to obtain right of appeal so i could defend my self.

kind regards

[vinny]

Sorry. Misspelling. I meant "treat" Corrected now.

If the judge at the Tribunal considers your application as being in-time, then he should grant a right of appeal.

[saira12]

thank you very much vinny for giving me direction, i will do so now and let this forum know the outcome of me request as well.
Regards