DSP CHAPTER 27
27.9 - Fresh application while an appeal is outstanding
There is nothing in law to prevent a person who has an appeal pending from making a fresh application for entry clearance. Therefore while it may be appropriate to invite or encourage an appeal to be withdrawn it would be wrong to require a person to withdraw an appeal before allowing a further application to be made. Note that if the appellant is given leave to enter the United Kingdom, either a result of being issued with entry clearance or not, any outstanding appeal will be deemed abandoned.
My statement was just what I have heard. I'm not a lawyer, but I'm sure a lawyer would say that you need to formally withdrawl an appeal. I'm not going to back that up any further. I am going to apply again, I would encourage other people to re-apply, I don't know how many appeals are successful, I don't know how many reapplictions are successful. I dont know how many people look for legal advise on the internet/in a chat room.
I do know that if I were in the situation of applying & appealing I would go and visit a lawyer first.
am I off the hook now?
Just for comparison..
27.14 - Re-applications on an identical basis
The Rules set no limit on the number of applications a person may make and where appropriate each refusal carries a right of appeal. In the case of a repeat application which was subject to an earlier appeal, relevant papers may be annexed to the new explanatory statement - there is no need to repeat the whole history of the case.
I.e. Just add the bit of information that they are unbalanced (probability wise) about & its a straightforward process.
