Immigration Appeals

Appeal Granted for Indian National

By Amer Zaman

on May 1, 2022

The Context

Our client approached us after his Spouse visa application was refused by the Home Office.

He had switched from the Tier 4 Student Visa to a Spouse visa, and after the submission of the application, he was invited for an interview. During the interview, the Home Office noticed some inconsistencies, which were a result of his wife’s medical conditions. The applicant had provided all the relevant documents, however, the Home Office refused the application and granted him the right to appeal the decision to the First-tier Tribunal.

Our client and his wife were devastated with the decision, as his wife needed care and support from her husband. They were referred to us by one of our former clients who had won his appeal in the First-tier Tribunal.

How We Assisted

The first step was to carefully consider the refusal points. The main refusal point was the inconsistencies during the interview, which was due to a misunderstanding on the interviewer’s part. Our team explained each refusal point to our client and advised him to provide supporting documents to counter the points.

Following the submission of the appeal, we advised our client to obtain an independent expert report to help support his appeal. We provided our client with a breakdown of all documents that would be needed to help his appeal. Our experienced team reviewed the documents and reassured our client that he had a good chance of overturning the decision.

We prepared a bundle of documents as directed by the Tribunal, together with witness statements from him, his wife and family members who had offered to attend his appeal hearing as witnesses.

As it was his first refusal and his first experience of attending a hearing at a Tribunal, he was very nervous. His wife was also anxious, which was not helpful given that she was already suffering from medical conditions. We arranged a number of meetings with our client and his family to help them prepare for the hearing.

We arranged for a barrister to attend the hearing to advocate on behalf of our client. Following the hearing, the immigration judge informed our client that he would receive a decision within three weeks.

The Outcome

Approximately three weeks after the hearing, our client received a decision from the Tribunal allowing his appeal. Our client was extremely happy, and his wife was very relaxed. They thanked us for our support and services, and informed us that they would be more than happy to recommend us to others.

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