By continuing to use this site, you agree to our use of cookies. My question is, how long does she have to wait before reapplying? This is a new service – your feedback will help us to improve it. I am therefore not satisfied that this application constitutes a family visit as defined by the Immigration Rules. General 1 Where an immigration decision is made in respect of a person he may appeal to the Tribunal. UK uses cookies which are essential for the site to work.

iaft-2 form 2012

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iaft-2 form 2012

It was also something that the applicant could have made good in his appeal before the Tribunal. Since, we have all those proofs wedding photographs, chat history, etc.

Asked 4 years, 8 months ago.

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The appeal, if it was an appeal, came before First-tier Tribunal Judge Hindson whose determination was promulgated on 6 November If you wish to appeal you must complete the attached Ift-2 notice of appeal form.

The appellant of course could not attend himself but it would have been open to him to have had an oral hearing where the sponsor or other family members had come to provide evidence.

Tribunal decisions

Expatriates Stack Exchange works best with JavaScript enabled. That was something that the applicant could have made good in the review by the Entry Clearance Manager. However, such an appeal is subject to the provisions of Section 88A of the Act which provides as follows: By Section 84, it is provided as follows: Thank you for your feedback. It follows that I am bound, however reluctantly, to allow this appeal, although, as I have already indicated, I consider in the circumstances of this case that having now succeeded in establishing this point of principle, it would be improper for the Entry Clearance Officer not now to grant the claimant entry clearance in any event.

Prior to 9 Julya visit to an aunt came within the category of a “family visit” such as to give rise to a right of appeal, but on that date the Immigration Appeals Family Visitor Regulations took effect, and by virtue of those Regulations a “member of the family” of the person to be visited is limited to: The FtT is a creation of statute whose jurisdiction in this case is limited by the terms of s.


It is sufficient to say that following consideration of the appeal on the papers at North Shields on 18 Februaryin a determination promulgated on 12 March Judge Handley allowed the appeals of both the claimant and her mother. It was as a result of the invitation to do that but in any event neither the appellant nor the respondent attended.


This was a challenge only to the decision in respect of the claimant; no challenge was made to the decision allowing the claimant’s mother’s appeal, because she had had a right of appeal. Accordingly we are in a situation where this claimant brought an appeal because she was told by the Entry Clearance Officer that she had a right to bring such an appeal, iwft-2 no objection was taken before her appeal was heard to the effect that she did not have a fform to bring such an appeal and where, having considered all the evidence put before him, the judge considered that her appeal should be allowed on the merits.

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It follows that the grant of leave in this case served no useful purpose whatever. We know that there was such a submission because Mr Watson, the Entry Clearance Manager, provided evidence that the appellant had been invited to interview in relation to that earlier application and during the interview he had admitted that an agent had given him the English language certificate which was one he knew to be false.

Consequently it deprecated the disposal of an appeal by ruling to the effect that there was none.

For ease of reference, throughout this determination I shall refer to the Entry Clearance Officer, who was the original respondent as “the Entry Clearance Officer” and to A S J, who was the original appellant, as “the claimant”. In those circumstances the appropriate decision is that the appellant has failed to establish the familial relationship between himself and the UK sponsor and accordingly there is a finding that the Family Regulations do not provide a right of appeal to the Tribunal.


Explore the topic Crime, justice and law Refugees, asylum and human rights. Decision I set aside the determination of the First-tier Tribunal with regard to the claimant but not her mother, who was the first appellant in that 2021 and substitute the following decision: This is a new service – your feedback will help us to improve it. Further, he fkrm electing to have his appeal determined on the papers means I have not had the benefit of the oral testimony of the sponsor.

Grounds of Appeal 1 An appeal under Section 82 1 against an immigration decision must be brought on one or more of the following grounds – iaff-2 that the decision is not in accordance with Immigration Rules; b that the decision is unlawful by virtue of? It cannot be said in this case that the decision had become irreversible, because the Entry Clearance Officer brought his appeal within the time prescribed within the Rules.

iaft-2 form 2012

However the Immigration Judge did not determine the appeal, rather he provided a ruling on what he considered to be a preliminary issue and the ruling dealt with the familial relationship and he concluded that the appellant had failed to adduce evidence as to that relationship notwithstanding the fact it was his claim that his uncle, the brother of his father and the appellant also has siblings in the United Kingdom. This application, together with that of her mother, was refused by the Entry Clearance Officer and the claimant, together with her mother, appealed against this decision.

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iaft-2 form 2012