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An appeal once withdrawn cannot be filed again.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counted as withdrawn if the tribunal accepts the withdrawal request.
As mentioned earlier appeal for UK Visa refusal, once withdrawn cannot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ongoing as it was incorrectly withdrawn.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is considered to be withdrawn.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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