IAT / Home Office Policy - Issue Visa after Appeal Win

R Lewis made this Freedom of Information request to Ministry of Justice

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Ministry of Justice did not have the information requested.

Dear Ministry of Justice,

Let me begin with thanking you for your prompt response to my FOI Request, FOI/91062.

I feel that perhaps the request was not as clear as I had hoped for it to be. Therefore, I provide the following clarification / new request:

The Home Office have a policy on issuing a visa after an appeal has been won. This is displayed here:
https://www.gov.uk/government/publicatio...

Section 5 (APL 2.5) reads as follows:
"APL2.5 Appeal allowed - no directions given

Post receives an allowed determination and tribunal has not given directions. SAT has not applied to court for the case to be reviewed.

Entry clearance appeals are considered on the basis of the facts at the time of the original application not at the date of the appeal hearing. An allowed appeal means that the IJ has ruled that the ECO was wrong to refuse entry clearance not that the applicant is entitled to entry clearance.

If the applicant still wants to travel, the ECO should normally issue entry clearance within 8 weeks of receiving the determination unless:
•there has been a significant and material change in circumstances since the refusal decision of which the IAC would be unaware; or
•there has been a material deception which has come to light of which the Immigration Judge would not have been aware; or
•the results of checks that instigated prior to refusing applicant came back after the appeal was heard.

If the above circumstances apply, post should first consider challenging the determination (see APL2.6 below)."

Please can you provide me with any documentation that you hold, including communications from the Home Office (and other names it might use: UKBA / UKVI) informing you that there is a delay of [up to] four weeks to issue a visa. I am aware that this was communicated to yourselves in some manner, as this information has previously been posted onto the Justice.Gov.UK website.

Please provide me with timescales which outline how long it should take for a visa to be issued after sucessfully winning an appeal in the FTT, or UTT.

Please provide me with information you store, which outlines possible remedies a person may be able to approach, when the Home Office does not respond to communication, and there is a serious delay in issuing the visa to the Applicant* (either Appealant or Respondant as the case may be) when the tribunal has found in favour of the applicant for the visa.

By applicant I refer to the person applying for some form of residence documentation.

Yours faithfully,

R Lewis

IAC KILO,

1 Attachment

R. Lewis,
 
Please find attached an acknowledgement in relation to your recent Freedom
of Information request.
 
Many Thanks
 
Nikki Gittings
IAC & SSCS Knowledge & Information Liaison Officer / Business Expert
HMCTS Loughborough

I am not authorised to bind my Department contractually, or to make
representations or other statements which may bind the Department in any
way via electronic means

 

This e-mail (and any attachment) is intended only for the attention of
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IAC KILO,

1 Attachment

Dear R. Lewis,
 
Please find attached the response in relation to your recent Freedom of
Information request.
 
Many Thanks
 
Nikki Gittings
IAC & SSCS Knowledge & Information Liaison Officer / Business Expert
HMCTS Loughborough

I am not authorised to bind my Department contractually, or to make
representations or other statements which may bind the Department in any
way via electronic means

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.