UK Immigration Law
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When you complete the appeal form you just need to write as your grounds of appeal something like "The decision is not in accordance with the Immigration Rules. The decision violates article 8 of the European Convention on Human Rights. A discretion within the Immigration Rules should have been exercised differently. Further and more detailed grounds of appeal may follow." You should then seek professional legal advice regarding the merits and preparation of your appeal. There have been some helpful cases on the maintenance requirement in the Points Based System in the Court of Appeal recently and these may be very relevant to your appeal.
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sorry but i did not understand, on the appeal form it says i should write why i disagree with that and why i should be granted a visa (reasons).
and the other thing is, if i had to leave without appealing and go back home and renew my visa from there, will they consider my current refusal? or it will be a new start on just filling the application form?
Ok, this is the difference between what is actually required by the law and what is most helpful for the Tribunal. The law actually only requires appellants to state all the grounds upon which they wish to appeal (the permitted grounds of appeal are set out in section 84 of the Nationality, Immigration and Asylum Act 2002). Therefore immigration lawyers often just state the grounds of appeal in the notice of appeal form and then follow up with their detailed reasons later, once they have been able to take full instructions from their clients. However, the Tribunal would obviously prefer you to state all your reasons in support of your grounds in the notice of appeal form. So if you are in a position to do this then you can and should state your reasons in the notice of appeal form. If you do not know your reasons for appealing (as distinct from your grounds) then you should just submit your grounds at this stage and then seek legal advice as to the merits of your case. Your lawyer can then submit detailed reasons in due course.
If you leave without appealing and then re-apply from abroad, the Home Office will assess your fresh application on its own merits but they will also look at the reasons for the previous refusal. The previous refusal does not in any way prevent you from succeeding in a fresh application. They will look at the previous refusal just to make sure that you haven't made the same mistake again.
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In order to re-apply in-country you have to withdraw any appeal that you have pending. The Home Office will not accept a new Tier 4 application while you have an outstanding appeal. However, as soon as you withdraw the appeal then you have no leave to remain in the UK. Under Tier 4 you can apply at a time when you have no leave to remain in the UK but if your application is refused then you will have no right of appeal. Also, remaining in the UK without leave could mean that a future application for entry clearance from abroad would be refused on grounds of previous overstaying. Also, remember that one of the requirements for an extension of stay as a Tier 4 student is that there must be only a 1 month gap between the expiry of previous leave and the start of the new course. If you can't satisfy this requirements then the application will be refused. All in all, you are probably better off trying to appeal rather than submitting a new application.
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