Update on appeal

[bigmarco]

We haven't heard anything from HMCT regarding our appeal and they seem to have ignored an Email I sent them 10 days ago. So yesterday I decided it was time to give them a ring to see exactly what was going on. So after about 20 minutes I finally got through to a human being albeit a human being whose command of the English language was not upto the standard expected of my wife for her to apply for a visa. Anyhow the Indian/Pakistani gentleman was able to tell me that they had the appeal papers which didn't come as a shock as I had sent them registered post. However they were not in a position to do anything until they had received confirmation that the appeal fee had been paid. I enquired if this was confirmation of the £140 that they had taken from my bank account on the 23rd April and he said that although they had taken the money a month ago they had not yet had it confirmed by the appropriate department. Trying not to get irate I asked him if it would be possible to phone the dept concerned as I can assure him that they have had my money for over a month.
He said he would do this and I would probably get a letter in 7 to 10 days informing me of the appeal process in as much as our documents would be sent back to the embassy in Manila for an ECM to review the decision. He was however very pleased to be able to give me an appeal reference should I need to phone again.
So there you have it they have had the appeal for approximately 5 weeks and in that time have done all. To say these people are frustrating is an understatement. Obviously I haven't seen my wife since December so I am hoping to fly out to see her in July for 10 days and I wouldn't be in the least bit surprised if I arrive there before our appeal papers.
These people have no idea of the pain they cause us and I honestly believe they dont even care. Pay your money and we'll deal with it when we can.

[lastlid]

Anyhow the Indian/Pakistani gentleman was able to tell me that they had the appeal papers which didn't come as a shock as I had sent them registered post.

More sources of laughter from that great topic of Immigration. Yes, it would have tried my patience too!

[Terpe]

bigmarco, I can fully understand your frustration.
I don't know of any way to expedite the process.

Did you receive any reply from the Entry Clearance Manager in Manila in response to your request for reconsideration?

[bigmarco]

bigmarco, I can fully understand your frustration.
I don't know of any way to expedite the process.

Did you receive any reply from the Entry Clearance Manager in Manila in response to your request for reconsideration?

Hi Terpe we did put in a letter of reconsideration but we simply received an email informing us of the appeal process. I also contacted my MP who wrote a very nice letter on my behalf which generated a reply from the UKBA MP's section which once again just simply outlined the appeals process. I'd welcome your guys opinion on something. I am trying to cover all bases here and am in the process of applying for an Irish Passport. In the event that I lose my appeal do you think it would be better for me to apply for an EEA family permit. I know this probably sounds a negative approach but I have so little confidence in the fairness of this system now that I really feel I should look at other options.

[Dedworth]

An absolute joke - did you raise the case with your MP ?

[bigmarco]

Still haven't heard anything from HMCTS so decided to give them another ring today. I spoke to a woman who was now able to confirm that my payment had been received although I was aware that they had taken it on 23rd April. She wasnt able to update me other than to say that they are currently dealing with cases from the last 2 weeks in May. Hang on I said but ours was submitted in April. But she said it wasn't put on to our system until 21st May and if you dont hear anything in another week give us another ring.
I must say that this is about the most stressful episode I have ever had in my life and these people really dont give a .

[joebloggs]

I must say that this is about the most stressful episode I have ever had in my life and these people really dont give a .

i know how you feel, I'm involved in a court case, it's whats been going on

hope you get this sorted soon marco

[Terpe]

Still haven't heard anything from HMCTS so decided to give them another ring today. I spoke to a woman who was now able to confirm that my payment had been received although I was aware that they had taken it on 23rd April. She wasnt able to update me other than to say that they are currently dealing with cases from the last 2 weeks in May. Hang on I said but ours was submitted in April. But she said it wasn't put on to our system until 21st May and if you dont hear anything in another week give us another ring.
I must say that this is about the most stressful episode I have ever had in my life and these people really dont give a .

Are you going alone or is Victoria representing you?

[joebloggs]

Are you going alone or is Victoria representing you?

there is a chance the gov will withdraw the refusal before the date ( so they dont have to pay fees etc) or they will not send anyone to represent the Home office bunch of

[bigmarco]

Are you going alone or is Victoria representing you?

Not sure at the moment Terpe. My understanding is that the first stage of the appeal is for the papers to be returned to Manila for the ECM to have a look. I'm really hoping that common sense prevails here and he/she overturns the decision without the need for a hearing. I will of course be prepared have representation if thats the best road to take.
The thing thats really getting the pair of us down here is the time its taking. I know that it was never going to be quick but we are about 3 months from being refused and nothing has happened. I speak to my wife nearly every night and she really is low at the moment.
I am going over in July and if the appeal is not really moving by then I'm seriously thinking about cancelling it and applying for an EEA family permit with an Irish passport I am applying for.
What do you think ?

[Terpe]

Not sure at the moment Terpe. My understanding is that the first stage of the appeal is for the papers to be returned to Manila for the ECM to have a look. I'm really hoping that common sense prevails here and he/she overturns the decision without the need for a hearing. I will of course be prepared have representation if thats the best road to take.
The thing thats really getting the pair of us down here is the time its taking. I know that it was never going to be quick but we are about 3 months from being refused and nothing has happened. I speak to my wife nearly every night and she really is low at the moment.
I am going over in July and if the appeal is not really moving by then I'm seriously thinking about cancelling it and applying for an EEA family permit with an Irish passport I am applying for.
What do you think ?

Personally I think it's a great idea.

The EEA route with Irish passport has worked well for a few members here so at least we know that it remains a viable route.
I suggest you move on that asap.

BTW I would not make any formal withdrawals on your previous application.

[grahamw48]

Still haven't heard anything from HMCTS so decided to give them another ring today. I spoke to a woman who was now able to confirm that my payment had been received although I was aware that they had taken it on 23rd April. She wasnt able to update me other than to say that they are currently dealing with cases from the last 2 weeks in May. Hang on I said but ours was submitted in April. But she said it wasn't put on to our system until 21st May and if you dont hear anything in another week give us another ring.
I must say that this is about the most stressful episode I have ever had in my life and these people really dont give a .

I wish you the best of luck too Marco.

You're now dealing with govt. pen-pushers and unfortunately your case will be somewhere in the middle of a large pile marked 'non-urgent'.

That doesn't mean that you won't eventually get satisfaction though.
Hang on in there and marshal all the legal help that you can.

Civil servants don't like appeals and tribunals, so more often than not will cave in at the first sign of trouble....especially when no laws have been broken, or there is an absence of overpayments to be clawed back (brownie points).

[Dedworth]

It defies belief

[malchard888]

I wish u all the best Marco as these civil servants dont seem to give a as to the pain, hurt and suffering they cause with their pathetic delaying tactics when it should be little more than a formality in your case. I am sure everyone who contributes to this forum are hoping that you get the positive outcome in the very near future, good luck to u both.

[Arthur Little]

I wish u all the best Marco as these civil servants dont seem to give a as to the pain, hurt and suffering they cause with their pathetic delaying tactics when it should be little more than a formality in your case. I am sure everyone who contributes to this forum are hoping that you get the positive outcome in the very near future, good luck to u both.

ABSOLUTELY ... !

[lastlid]

I sympathise enormously.

[andy222]

This is crazy it just makes you mad. I feel for you marco but i think you will be ok. What gives them the right to mess about with peoples lives? There should be a process where you can sue them for wrongful refusal.

[grahamw48]

DON'T cancel it !