# APPEAL - Paper Hearing vs Oral Hearing



## signifi (Jul 30, 2013)

After getting some excellent advice from Joppa here on this forum, about the appeal process, I have to point out how I was disgusted at the scare tactics used yesterday by an immigration lawyer I spoke to on the phone. He actually said to me, "you can submit a paper appeal but it's been a long time since I've known a paper appeal to be successful". Just wondering if anyone else on here has submitted a paper type appeal recently which ended up being successful?

Also, Joppa (and anybody else if they have time), could you please look at our reason for refusal one last time (below) before we submit our online appeal this evening, as we just want to be very sure and thorough and make sure we haven't missed anything else as a potential issue. We were wondering if we should include some photographs of my wife with my daughter (from previous marriage), due to the fact this was mentioned in the letter?
Anyway, here it is again...

Letter 1: Refusal to vary leave to enter or remain and decision to remove
Paragraph D-LTRP.1.3 with reference to R-LTRP.
On 10th September 2013 you were granted limited leave to enter the UK until 10th March 2014.
DECISION TO REFUSE TO VARY LEAVE TO ENTER OR REMAIN
You applied on 26th November 2013 for variation of your leave to enter or remain. That application has been refused. Full details for this decision are provided in the attached letter.
DECISION TO REMOVE
Consideration has also been given to your position in the UK. The Secretary of State has decided that you should be removed from the country by way of directions under Section 47.

Letter 2: REASONS FOR REFUSAL LETTER
On 26 November you applied for further remain on the grounds of marriage.
REFUSAL TO VARY LEAVE
We have considered your application on behalf of the Secretary of State and your application has been refused.
YOU HAVE A RIGHT OF APPEAL AGAINST THIS DECISION - SEE ATTACHED DECISION NOTICE. In refusing your application consideration has been given to your family life under Article 8 which from 9th July 2012 falls under Appenddix FM of the rules.

Decision under partner route
The requirements of Appendix FM R-LTRP 1.1(c) & (d) are that;
c) (i) the applicant must not fall for refusal under section S-LTR: Suitability eave to remain; and
(ii) the applicant meets all of the requirements of Section E-LTRP:
Eligibility for leave to remain as a partner; or
d) (i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and
(ii) the applicant meets the requirements of paragraphs E- LTRP.1.2-1.12. and E-LTRP.2.1.;and
(iii) paragraph EX.1 applies
You meet the suitability requirement but you do not fulfil all the eligibility requirement.
The requirement to qualify for limited leave to remain as a partner under paragraph E-LTRP.4.1.
If the applicant has not met the requirement in a previous application for leave as a partner, the applicant must provide specified evidence that they-
a)	are a national of a majority English speaking country listed in paragraph GEN.1.6.;
b)	have passed an English language test in speaking and listening at a minimum of Level A1 of the Common European Framework of Reference for Languages with a provider approved by the Secretary of State;
c)	have an academic qualification recognized by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s Degree or PhD in the UK, which was taught in English; or
d)	are exempt from the English language requirement under paragraph ELTRP.4.2; unless paragraph EX.1. applies.
You have provided a ESOL Entry Level Certificate from The University Of Cambridge, however as we are unable to verify your score on the Cambridge online system, the Secretary of State is not satisfied that you meet the requirements of this rule.

Consideration of EX.1
Consideration has been given under the exceptions paragraph EX.1(a) of Appendix FM.
The requirements of this paragraph are that;
(a)	(i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and

(ii) it would not be reasonable to expect the child to leave the UK or

(b)	the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK.
We have carefully considered your application, however your application falls for refusal as the requirements set out as EX.1. have not been met. From the information provided you have not demonstrated;
(a)	(i) that you are enjoying a genuine and subsisting parental relationship with a child –
You have failed to provide documentary evidence to demonstrate that you are the parent of a British or settled child and therefore your application falls for refusal. It is acknowledged that you have a relationship with your step-daughter, however as your step-daughter only spends alternate weekends and holidays with you and you have only been residing in the UK since 28th September 2013 this isn’t sufficient to justify a grant of leave undr EX.1.(a).
You claim to have a genuine and subsisting relationship with your British partner. Whilst it is acknowledged that your partner has been residing in the UK and is employment here, this does not mean that you are unable to live together in the Phillipines. Although relocating there together may cause a degree of hardship for your British Partner, the Secretary of State is not satisfied that there are insurmountable obstacles preventing you from continuing your relationship outside the UK. You therefore fail to fulfill EX.1(b) of Appendix FM of the Immigration Rules.

Consideration of Private Life
In refusing your application consideration has been given to your private life under Article 8 which from 9th July 2012 falls under paragraph 276ADE of the rules.
The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that the date of the application, the applicant:
(i)	does not fall for refusal under any of the grounds in Section S-LTR 1.2 to S-LTR 2.3 and S-LTR.3.1. in Appendix FM; and
(ii)	has made a valid application for leave to remain on the grounds of private life in the UK; and
(iii)	has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
(iv)	is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would be reasonable to expect the applicant to leave the UK; or
(v)	is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or
(vi)	subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave in the UK.
You entered the UK in 2013 and have not lived continuously in the UK for at least 20 years therefore the Secretary of State is not satisfied that you can meet the requirements of Rule 276ADE (iii).

At the time of your application you were aged 25. You were not under the age of 18 years therefore the Secretary of State is not satisfied that you can meet the requirements of Rule 276ADE (iv).

Having spent 25 years in Russia and in the absence of any evidence to the contrary, it is not accepted that in the period of time that you have been in the UK you have lost ties to your home country therefore the Secretary of State is not satisfied that you can meet the requirement of Rule 276ADE (vi).

We've decided to use the online system to make our appeal and pay, and will make a subsequent post with the progress of this.
Appreciate everyone's help so far on this.


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## signifi (Jul 30, 2013)

Really keen to know of people's success using the paper appeal process?


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## Joppa (Sep 7, 2009)

From my knowledge of appeals, successful paper appeals usually concern those that can be argued convincingly on paper, such as missing documents, interpretation of evidence and so on. When the matter in dispute concern relationship and other subtle or interpretative matters, then an oral hearing when you have the chance to address the tribunal directly will have distinct advantage. In your case, as the fail was to do with test result and its verification, there is little room for argument and paper appeal is perfectly adequate.


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## signifi (Jul 30, 2013)

Thanks Joppa. 

What does this mean? Do we need to put something in this Q/Section?

Statement of additional grounds
If your notice of decision requires you to make a Statement of additional grounds, you should make the statement in the box below.

You should include any reasons why you think you should be allowed to stay in the United Kingdom. This includes why you wish to stay here and any grounds why you should not be removed or required to leave.

You should not repeat any reasons you have already given in this form, but if you do have any more reasons you must include them here.


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## Joppa (Sep 7, 2009)

That's more to do with a situation whereby you have a child in UK and being removed means your relationship with the child will be adversely affected, or that a serious security situation in your home country may put your life at risk.


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## Colombia (Jun 9, 2014)

signifi said:


> Thanks Joppa.
> 
> What does this mean? Do we need to put something in this Q/Section?
> 
> ...


Did your appeal and how long did you appeal take for a decision to be made.?


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## Joppa (Sep 7, 2009)

If you click on OP's username, you can read all their posts and find out the decision was successfully overturned.


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## Colombia (Jun 9, 2014)

Joppa said:


> If you click on OP's username, you can read all their posts and find out the decision was successfully overturned.


I cant that user name.


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