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Hi Help Needed With Appeal Please


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#1 micheal3000

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Posted 06 November 2012 - 10:39 PM

Hello everyone,

my wife and I recently invited my cousin to come over to the uk for a visit, her application was refused under paragraph 320(7a) HC395 as they said they dont believe her own documents were geniue and that they didnt believe she couldnt be maintaind and accomodately adequately by a member of family.

Now how do i go about appealing as one, in the refusal notice they neve mentioned where she needs to send an appeal to if she wants to appeal or how long she has to make an appeal nor given and literature about appealing. the efusal notice did mentioned he appeal rights are limited to grounds refered to under section 84 (1)c of the nis act 2002.

One her documents are geniue, secondly in the invitation letter my wife and i did state we would be responsible for her upkeep and financial cost and sent our payslips and bank statement as proof- also she was categorised under general visa rather than family visa.

any help please



#2 Victoria

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Posted 13 November 2012 - 06:33 PM

Seek legal advice. You need to establish whether she can appeal, based on her relationship with your wife and the date of application.

#3 micheal3000

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Posted 06 December 2012 - 10:09 PM

Thanks Victoria for your reply. do you give legal advice whats your rate?

We have been trying to contact the BHC in nigeria to tell her how to appeal and where to send the appeal to as though it said on the right for refusal she could appeal, they didnt put any appeal form or information about how she should appeal.

She did finally manage to speak to someone at the embassy in lagos this week and they told her she should write to the embassy to request for appeal form and give reason for appeal.

any help?

Thanks

#4 Victoria

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Posted 06 December 2012 - 11:14 PM

Please email me for assistance.

They should have given a form IAFT2 with the refusal.

#5 Gentleman of Leisure

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Posted 07 December 2012 - 07:42 AM

We have been trying to contact the BHC in nigeria to tell her how to appeal


.......and you have been wasting your time in doing so. You, yourself, have already stated on this forum the scope of her limited appeal rights in your first post ( 84-1) This is not a family-based application (cousins don't qualify for that) and there is no full right of appeal. Any appeal in this case would only be considered if there were discrimination or HR violations or otherwise unlawful decisions. That's why the standard appeal form was not attached to the refusal.

You can re-apply affirming that the previous paperwork was genuine (as that matter needs to be addressed). Take legal advice.

She is, in any case, now beyond the 28 day window of any appeal - not that it would matter in her situation.

#6 micheal3000

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Posted 11 December 2012 - 12:28 PM

Gentleman of leisure do you think reapplying is the best way forward then, if so how do we go about affirming the paper work is genuine do we need to write a letter stating this and attached to the new application or something?

Victoria, did you get my email?

#7 Gentleman of Leisure

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Posted 11 December 2012 - 01:11 PM

Re-applying is the only way forward but it's very complex as the claim of false representations need to be challenged in the new application.

#8 Victoria

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Posted 11 December 2012 - 01:51 PM

GOL is right. An appeal isn't valid. You need to reapply.

#9 micheal3000

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Posted 11 December 2012 - 02:16 PM

thanks for that guys much appreciated

any pointers what we need to put or add to the application that would help?

the full story is this- my wife and i invited her to come over for holiday, we stated on the letter we would be responsible for her upkeep and travels and every financial support. Now my cousin own a small shop with her friend - a few years ago her friend when she was applying for visa presented documentation as the owner of the shop to help with her application - now when my cousin sent in her application she was advised she needed to add documentation with the application to show she was working in nigeria so she went to the company house to register the shop as her business and this might have been the reason while they believe the documents where not genuine. Will the other friend who co-own the shop writing to state that they both own and attaching that to the application help?

thanks for taking time to help

regards

Michael

#10 Victoria

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Posted 11 December 2012 - 02:25 PM

You will need legal help. I am a little behind on emails but will get to you as soon as I can.




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