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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I was refused leave to remain and in the letter, after they

Customer Question

I was refused leave to remain and in the letter, after they have listed all the reasons there is a one stop warning. It says I have the right to appeal by completing the notice of appeal or if you are not appealing but have further reasons you wish us to consider you should send them to reach us within the next 10 working days. But it went on to say if you do not appeal you should make plans to leave the country and you may be a person liable for detention and so on and so forth. I found this very ambiguous. Questions: if I don't appeal and decide to submit further reasons for them to consider, if unsuccessful, do I loose my right to appeal? secondly, is it advisable to appeal as the immigration judges are in a better position to make a better judgement on any further grounds I may have to submit especially with the issue of insurmountable obstacles?

Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.

Hello,

Yes, you would lose the right to appeal if you do not do so within the 10 days and if you have good reasons to challenge the refusal, you should definitely appeal.

 

At the same time as appealing, you may also send the Home Office reasons for you appealing. No harm in doing that and if the Home Office accepts your arguments, it has the power to reverse the refusal and grant the application without need for appealing.

Yes, it is always advisable to appeal when you have the right to appeal as the immigration judges are often more knowledgeable about the law and are impartial.

All the best

UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
hello again. i have now got a date for the appeal hearing for 15th may. in the letter i am supposed to send supporting documents to the POU and they review and maybe reverse their decision before the hearing date which i have done. However my partner due date for giving birth to our son is around the same time for the hearing. The question really is can i change the date for the hearing as my partner is due to be my witness in the hearing. or can she write a letter explaining why she would not be present at the hearing. secondly how long does the POU review documents before they can overturn decisions
Customer: replied 2 years ago.
Relist: Other.
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Expert:  UKSolicitorJA replied 2 years ago.
Hello again,

You may send a letter asking for the hearing date to be postponed, this should be sent both to the POu and the Tribunal.

The POU should get back to you before the hearing date of 15 May, depending on how efficient they are.

Hope this helps

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