Saturday, 23 March 2019

UK Visa Appeal Withdrawal


If an applicant has applied for UK Visa Appeal, they can withdraw their appeal any time before the start of determination process by the First Tier Tribunal.

Only the appellant or their representatives have the right to withdraw the UK Visa Appeal from the First Tier Tribunal. The appellant must send a written withdrawal notice. They can orally convey the same if an exception is provided by the tribunal.

The Home office can not withdraw the appeal notice. However it can request the appellant to withdraw the same. The UK Visa applicant needs to be careful if they receive such a notice. There are chances that the applicant can be charged for coercion if they accept the invitation.

An appeal once withdrawn cannot be filed again. Therefore, the appellant needs to be practice caution is such situations. The appeal will be formally counted as withdrawn if the tribunal accepts the withdrawal request.

As mentioned earlier appeal for UK Visa refusal, once withdrawn cannot be reinstated. Although the appellant can argue that the appeal is still ongoing as it was incorrectly withdrawn. In such cases, the appellant needs to contact the tribunal directly.

There may be cases where the appellant dies before the determination of the appeal. At such time the appeal is considered to be withdrawn. However, the appeal will continue, if the notice includes dependents of the applicant.

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