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Alice H
Alice H, Solicitor Advocate
Category: Immigration Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Hi there My girlfriend who is an Indonesian national has

Customer Question

Hi there

My girlfriend who is an Indonesian national has been turned down for a holiday visa.

She can only appeal under Section 84(1)(c) of the Nationality, Immigration and Ayslum Act 2002. The refusal letter states we should consult the act but I can't it on www.legislation.gov.uk.

Cheers

Alan
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I am a Solicitor based in London. I'm happy to help with your question today.

Here is a link to the relevant section:

http://www.legislation.gov.uk/ukpga/2002/41/section/84
Customer: replied 3 years ago.

HI Alex


 


Can I appeal the decision on my girlfriends behalf here in the UK.


 


I think there have been some procedural errors in processing her application - for instance they state she resides in Thailand when she lives in Indonesia. They also haven't I think taken sufficient notice of the fact that I would be sponsoring her

Expert:  Alice H replied 3 years ago.
Hello Alan

You can help her with letters of support and provide her with all the additional evidence she needs to present her case. But as she is the applicant she (or her legal representative) has to lodge the appeal. The appeal will be heard in the UK and you can ask to attend and give evidence if it proceeds to hearing but as I say, the appeal itself has to come from your girlfriend.

Alex
Customer: replied 3 years ago.

Hi Alex


 


The UK Border Force web site states:


 


"You can only appeal to the immigration and asylum tribunal if you’ve been told by letter (called a ‘notice of immigration decision’) that you can do so."


 


Given that the refusal letter states that she can only appeal under Section 84(1)(c) of the Nationality, Immigration and Ayslum Act 2002 - does this form of words allow an appeal to a tribunal?


 


If we can make an appeal is there a link on the agency web site to start the process?


 

Expert:  Alice H replied 3 years ago.
Hello

Yes, s.84 is an appeal to an immigration tribunal.

There is no link on the UKBA website for a link to the appeal process.

But the Immigration and Asylum Tribunal has a website for doing so here:

http://www.justice.gov.uk/tribunals/immigration-asylum/appeals

alex
Expert:  Alice H replied 3 years ago.
Hi Alan

I am following up our conversation to see how you got on with the issue. If you need any further help then please let me know - remember I am a qualified UK Solicitor and able to help on most aspects of English Law. I am London based and usually able to respond to your query very quickly.

Regards
Alex Hughes