@Big Bumper and all,

It appears here that the countdown for the period of appeal is somewhat
contentious with various dates and periods being given. Hopefully what I am about
to state will clear the matter up.

In my view the period for the appeal is contradictory. The notice of appeal clearly states
that the appeal form should not arrive later than 28 days after the date of the notice. Taken
in isolation this would be regardless of when the appellant receives it. However,  I have now perused
the rules and procedures of the AIT. And there it states, unlike the appeal form, that the appellant has 28 days
from the DATE OF SERVICE to submit an appeal.

I am of the view that the AIT rules govern the procedure here and not the notice.
In short Bigbumper and Pataki are correct.

big_bumper:

In Nigeria, your 28 days to appeal commences from the day you are called to pick up from the courier. (refer to 1st page of refusal notification for stamped date)

CORRECT

CORRECT

CORRECT
INCORRECT

INCORRECT

Been a long long time big_bumper! Where in heavens name have you been?

Another erudite lady on immigration matters!

Please help me shout it out here to my ogas about when appeal notice starts reading to the applicant/appellant.

Here in the Netherlands, if you apply to the British consulate in Amsterdam, you fill their form online and you get an appointment date to submit your application as well supporting documents. Now the very same day, if you are successful with your application you get your visa! within the time frame of 2hours maximum.

If you are unsuccessful with your application, you are given a refusal notice in person. From that very day, your 28 days to appeal starts counting! In Nigeria it is not so. Why? Because your application is handled with the assistance of VFS. Your 28 days start counting when the applicant/appellant gets his/her refusal pack from VFS.

Many thanks big_bumper for coming out from your sabbaticals too. Please stay for a while also oh.


@ funkybaby,
I got your text message. You are right oh! Guess we have no choice then than to set it right everytime so that this thread is not hijacked then

@Bigbumper

Welcome back, we almost have the full house now. Londoncoool where u dey?

@28 Days policy

I am enjoying this the more?

1) What is date of service?

2) Until recently, what is the position of Visa application Centre in 28 days policy?

3) If i am not wrong, Immigration Judge always refer to [b]"Date of Decision", My Learned Friend, what is day of decision? ECO refusal Date? Or VAC courier date?
[/b]

@Funky

I stand by you jare.

Its KolaFunky Vs VorPatakiBumper

@The experts

Please note the following;

(1) On the last page of the ANY refusal notice lies this " The completed appeal form must arrive no later than 28 days after the date of this notice, "

Date of this notice = The day ECO refuses the application.

@Pataki

Refer to my post #1209, you are just scaling through via 56 days thingy.

@Akolawole!
I beg to disagree Sir! The Date of this notice is not the day the ECO refuses the application but it is the the in which the applicant gets the decision in which case is the day the applicant collects his package from the VFS.!

@Ty4Real

I see

Well, I was at Taylor house last July to witness a case involving Indirectly a Nairalander. Date of decision remains the date Almighty ECO acted on the case.


If i choose to go to VAC for pickup after 2 months of filing the application, whats the effect of that?

@Akolawole

How are you doing? Its really nice to have you back.

I totally agree with you on this issue. I must say here that VFS is quite efficient. Trust me on this, i have studied the application time frame of about 10 applicants-visiting,renewal and student visas. The application packs are even ready few days before the date stated on the slip issued at VFS. Almost the same day or the next day, after your application has been assessed by BHC, it will be collected from BHC and it is back with them(VFS). The problem is that most applicants ignore the slip and then contact VFS weeks or months after.

AIT's rules on filing appeals is the same worldwide irrespective of where the application is made. There is no exemption for Nigeria. It is clearly stated on the form that you have 28days to appeal starting from the date of notice on the refusal form. Of course, BHC will be more than glad for you to ignore this simple statement and appeal months later. Leave your application with VFS for two months and then submit an appeal and see if it wont be thrown out.

You are right, its FunkyAkolawole Vs PatakiVorBigBumper.

Am not on my computer right now, when i am, i will post the link on a determined case on this issue from AIT's site.

p.s. Wetin funky do again for me to get the 'royal' tag of Lady Thatcher.

@VOR
Welcome back.

@Big_bumper
Welcome back as well. I actually think neksbabay should disclose her change in marital status-it does not in any way hinder from getting her student visa or schooling. She is even at an advantage since her husband has ILR, not like he is in Nigeria and he intends to apply for a student dependant visa to join her. Read up the previous page- there's a lady that posted that she was refused US visa and accused of committing a grave offence of lying on a federal form- all because she did not disclose her marital status in her previous application.

@pataki
Good thing you see reason with me.

oh my God.

I am so sorry for repeating my posts. My internet connection is really bad this morning.

@akolawole
Next month or early april.

My profile pics- lol. No mind me jare.

@ Akolawole,
I can not even trace your posts again. Referring to your post 1209 now, should we therefore state that: because you get your application in person, you are entitled to a 28 days, and if you get it by post, you are entitled to a 56 days countdown to appeal? So in the days of DHL, where we under the 28 days or 56 days?

You are wrong oh. As I earlier stated, all the case I have seen, and done on my own, I have NEVER considered the date of refusal stated on the refusal form or the applicant visa refusal stamp on the passport, but rather the date upon which the appellant picked up his/her application pack from VFS. And not for once has AIT ever written back refusing to accept the grounds of appeal. Not for once!

Whether the appellant picks up his application in two months time is another issue. Even at that, if there are cogent reasons why the pickup was that slow, the AIT expects the reasons to be stated. And again I would ask, which kain applicant would leave his application fallow for months? With his passport and expectation that his/her visa is on the passport?


@ funkybaby,
You and this your fone sef

nope. Aint my phone, it is globacom that has gone crazy over the weekend and has chosen to carry the craze to monday morning. am amazed you got my text sef.

Thanks everyone for the advice. I checked my passport and it was stamped on the 14th of February so I'm assuming that I can still appeal right? Could anyone hook me up with a competent lawyer to handle this case for me? I really want to see the whole process through without any mistakes or hiccups. Honestly, I think I'd make a mess of things if I write the letter or fill the forms on my own. Please help!!!!

t4tgirl
I do hope i do not sound harsh.

But what is so difficult in writing a letter yourself like we all have adviced you to BHC expressing your displeasure about the missing refusal notice. That is the first thing to be done. Without that refusal notice, you cannot send any appeal form to AIT cos you have to include the refusal notice in your appeal package.

What do you need an immigration lawyer for? Are you ready to give out say £1,000 or even more to a lawyer non-refundable whether your appeal is allowed or not?

Anyway, you can give the money to us- ako,vor,pataki,big bumper and myself. Infact, we will all go to the court sef at UK to speak for you.

funkybaby:

t4tgirl
I do hope i do not sound harsh.

But what is so difficult in writing a letter yourself like we all have adviced you to BHC expressing your displeasure about the missing refusal notice. That is the first thing to be done. Without that refusal notice, you cannot send any appeal form to AIT because you have to include the refusal notice in your appeal package.

What do you need an immigration lawyer for? Are you ready to give out say £1,000 or even more to a lawyer non-refundable whether your appeal is allowed or not?

Anyway, you can give the money to us- ako,vor,pataki,big bumper and myself. Infact, we will all go to the court sef at UK to speak for you.

Please mind the statement I have boldened in your quotes.

Me I am not advising that she should write a letter to BHC. There is practically nothing BHC Nigeria can do. Those guys are silly and take their applicants for granted. Writing a mail to them is like pouring Peak Milk Powder into the Bar beach and expecting that someone will find it. They wont respond to her mail.

I would rather prefer she directly makes an appeal to AIT stating that she was not given a refusal notice with her application, yet a form was given stating that she had a right of appeal. With the formula that: If the BHC could be so indolent and forgetful in enclosing her refusal notice in the refusal pack, she is more than convinced that her application was not handled in the right manner.

In my own view, sending an email to BHC is like covering up for their mistakes. Let AIT know what silly mistakes their consulates make in visa applications.

Na this kain cases, I prefer to handle. Why didnt I become a lawyer sef I am sure the British High Commission must be reading this thread sef.

@pataki
Hmmm. You have a point there. However, assuming BHC claims the refusal was included in her application nko? Its her word against theirs you know. I would say she sends an email to BHC say TWO WEEKS after posting the appeal forms. She should tell them that the notice was not included and she even took the pains of going to their embassy office but she was treated shabbily and not attended this. Infact, if she includes the shabby treatment given to her by the security guards at BHC, she should get an apology + visa from them.

hi guys,
Pls i want to know how long it takes the ait to give a verdict.my appeal was heard last week wednesday.

Onofranca:

hi guys,
Please i want to know how long it takes the ait to give a verdict.my appeal was heard last week wednesday.

Your answer is entrenched in several pages of this topic. Belabour yourself to find it out.

funkybaby:

@pataki
Hmmm. You have a point there. However, assuming BHC claims the refusal was included in her application nko? Its her word against theirs you know. I would say she sends an email to BHC say TWO WEEKS after posting the appeal forms. She should tell them that the notice was not included and she even took the pains of going to their embassy office but she was treated shabbily and not attended this. Infact, if she includes the shabby treatment given to her by the security guards at BHC, she should get an apology + visa from them.

You have a point there too. In another instance she could write an email to the embassy after a week of no response, she attaches the email she sent to the BHC with her appeal statement to the AIT.

Eitherways, her best alternative is to carry the case to the AIT.

Just my own opinion though. I do not know what my other Ogas have to say on this matter.

@Iron Lady

Can you please ask seun to remove those your multiple posts

@Pataki, LadyFunky and VOR

How about us helping people filing appeal for free?

But with caution though.

Make we discuss this behind close door please

@Onofranca

Is it Oral or paper hearing?

If its oral, it depend on the judge, from one day to 4weeks.

@Pataki

I am not undermining your authority here sir, Ono "appears" to be new here which is why i replied her.

We still dey that your appeal date o.

Ladies and gents,still on this refusal notice thingie.I dont know about Nigeria but I guess this must at least hold true with the AIT at least,if the post does not notify applicants on time,they can adress the reasons why to the AIT,in this case,best practices Chapter 26-9 Entry clearance instructions

If the application has been considered and refused on papers you must ensure all the above is sent either by mail directly to the applicant or sent to the commercial partner to forward to the applicant.

In all cases you must ensure that the relevant method of service has been noted on the refusal notice.

You didnt receive it directly,the commercial partner was tardy getting it across to you plus the relevant documents were not included,this is not uncommon and odds are the AIT will allow your appeal to proceed without regard to the date on the refusal notice.But 14th of February?I'd say you are covered.

Neksbaby:Recently the Home Office has been asking for attendance records from students applying for FLR(M),reasons as yet are hazy although its been suggested that they want to find out if students are violating the conditions of their visa and actually sought entry to get married etc,not really to study,not sure how this applies in your case but do take note and if I read things correctly,you are now married.Congratulations.

@Ariston

Thanks for your addition

Was your comment in respect to the Lady refused with no refusal notice?