Bison UK’s appeals team have just scored their seventh straight appeal victory last week at the AIT in London.
The latest case involved Cherrylyn, a Filipino work permit holder appealing against an entry clearance refusal in Manila. The Entry Clearance Officer (ECO) refused her application based on the assumption that she was not capable of undertaking the work specified on the work permit. In other words, they did not believe her employment references were genuine. They also thought that she would not take up employment with the employer stated on the work permit and that she would not be able to support herself in the UK “without recourse to public funds”.
Bison UK’s Appeals Specialist successfully argued that the employment history stated on the visa forms was genuine and that if the ECO had any doubts checks should have been carried out in the Philippines. He also pointed out that the suggestion that Cherrylyn would not take up the said employment in the UK was “ludicrous”.
He went on to point out that work permit holders have no access to public funds and obviously support themselves by working, which is the reason they are coming to the UK in the first place.
The Immigration Judge appeared to agree and went on to “allow the appeal” following a short hearing.
In two other recent cases the entry clearance manager did not even bother to defend the refusal and the visa was issued without the need for a hearing.
When Should You Appeal?
If you feel you have a genuine case or that you have been unfairly treated by all means lodge an appeal. It is your right.
How Do You Appeal?
You will receive details on how to appeal with your refusal letter. Remember, lodging the appeal is only the start of the process. The appeal hearing will usually be held in the UK before an immigration judge. You will need to submit an evidence bundle and wherever possible call witnesses.
For more information, see www.visaappeals.com
Do I have to use a lawyer?
You do not have to appoint a legal representative and many people choose to represent themselves. However, to give yourself the best possible chance of winning it is advisable to appoint an appeal specialist to represent you and fight your case at the hearing.
What Are Your Chances of Success?
Around 25% of all appeals are successful, a staggering number considering that this figure includes cases where no evidence has been presented and no representatives or witnesses turn up in court.
Appeals can be daunting and complex, but don’t be put off. You always have a chance as long as you try.
To see an appeal success story, click on the link below: