Right to Appeal after 6 April 2011

Simply · Post by **Simply** » Tue Mar 29, 2011 8:51 pm

Hi Forum,

I am asking this question becauase it could be quite relevent after 6 April 2011 and be helpful for many of us.

As as far as I know, currently for Tier-1 applicants the right to appeal is granted if the Tier 1 application (from inside the UK) is rejected and the applicant's leave to remain in the UK has expired by the time of rejection.

Now I take the right to appeal to post- 6th April 2011 age . Suppose a person has applied to switch from Tier-1 (PSW) to Tier-1 G before 6th April. The application is found valid by the UKBA as they send acknowledgment and biometric enrollment letter.

However if due to some reason (which you feel is completely wrong, the case worker has made a blunder) the caseworker rejects the application and the rejection is served to the applicant after 6th April, whether in this case the applicant will be granted right to appeal. I am asking this question because I believe that if the rejection is served after 6th April, the applicant can't make fresh application because by the time Tier-1 G will be closed.

Also if right to appeal is not granted, what could be other courses of remedy in this case.

Thanks a lot

Simply · Post by **Simply** » Tue Mar 29, 2011 8:59 pm

Hi Forum,

Forget to add that in the situation I have mentioned the person has valid leave to remain under Tier-1 (PSW) at the time of Tier-1 G rejection which is served after 6th April

thebionicredneck2003 · Post by **thebionicredneck2003** » Tue Mar 29, 2011 9:26 pm

Hi Simply,

I am sure someone like sushdmehta or vinny can provide the exact answer you seek to your question, but in my opinion, as long as you still have the right to remain in the UK when or if the hypothetical rejection occurs post April 6th, you won't be given a right to appeal because you still have a right to remain in the UK under the PSW category.

Regards

aakkoo · Post by **aakkoo** » Wed Mar 30, 2011 3:04 am

Wat if caseworker has done a mistake. There must be some way of reviewing the case, if in case of refusal.

thebionicredneck2003 · Post by **thebionicredneck2003** » Wed Mar 30, 2011 7:39 am

In my own opinion, you won't be given a right to appeal because you still have a right to remain in the UK even if the caseworker made a mistake

Simply · Post by **Simply** » Wed Mar 30, 2011 8:40 am

Though i joined the board recently , I have been following it for the last couple of years. I have observed that recently the numbers of rejections by sheer negligence / mistake of caseworkers have increased significantly. But before 6th April in such cases the applicants had option of making fresh application if he / she is not granted right to appeal.

Now after 6th April the situation will be completely different as the applicant can not make fresh Tier 1 G application. So if the applicant is not given right to appeal in such cases , this would be a complete injustice to the applicant. And I suspect that if there is no provision of appeal after 6th April (with vaild leave in the category other than Tier-1G ) , the number of rejections by caseworker negligence are going to further rise.

So, I believe that there must be some legal recourse (other than Judicial Review , this is very costly and takes long time) to deal with such cases after 6th April

Will request other members / seniors / experts for their views

Post by **Greenie** » Wed Mar 30, 2011 11:03 am

You will not get a right of appeal following a refusal to grant leave under Tier 1 General if you still have leave under Tier 1 PSW.

The only recourse is Judicial Review if you don't get a right of appeal. In the course of making a JR however you would write a pre action protocol letter to the UKBA and hope they would overturn their decision without you actually having to apply to the court.

Rather than worry yourself over this now why not wait until you get your decision.

Simply · Post by **Simply** » Wed Mar 30, 2011 8:25 pm

Hi Greenie & Others

Thank you for your reply.

I am not yet worried however it is better to be aware of all thess things so I raised this question. Also this was for wide awareness as some of us may face this situation after 6th April

Simplyk · Post by **Simplyk** » Wed May 18, 2011 4:21 pm

Hello,

As I was going thru the post, i have come across this situation where I have leave to remain in the UK on Tier 2 but my application has been rejected informing me that they were unable to verify the information provided. They did not give me any evidence of what they have done to verify the information. A Phone Call, A letter, an email ... nothing ... Thats the evidence they did the verification?.... Statement just says that the Visa has been refused as we were unable to verify the earnings. I do not have a right to appeal form sent to me. This was the last chance where I could have switched my category. Do I have any other options? I want to appeal, Can I go to court myself?

newjoine01 · Post by **newjoine01** » Wed May 18, 2011 5:03 pm

Simplyk wrote:Hello,

As I was going thru the post, i have come across this situation where I have leave to remain in the UK on Tier 2 but my application has been rejected informing me that they were unable to verify the information provided. They did not give me any evidence of what they have done to verify the information. A Phone Call, A letter, an email ... nothing ... Thats the evidence they did the verification?.... Statement just says that the Visa has been refused as we were unable to verify the earnings. I do not have a right to appeal form sent to me. This was the last chance where I could have switched my category. Do I have any other options? I want to appeal, Can I go to court myself?

I confirmed with my solicitor that you can go for Judicial Review. Thats the only option I guess.

All the best dear.

Simplyk · Post by **Simplyk** » Fri May 20, 2011 12:18 pm

Thanks Bud.

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Right to Appeal after 6 April 2011

Right to Appeal after 6 April 2011

Right to appeal after 6th April 2011