Ghurkha Family Appeal Process
Ghurka Family Appeal Process
Ghurka Family Appeal Process
For Military Services
Martin Howe
Partner
Email: p.rana@howe.co.uk
Contact : + 44 (0) 20 8840 4688
Appeal Started
You must file a case within 28 days of your application being rejected.
Consider whether to conduct the hearing on paper only or orally.
You can also file a case with the help of your preferred organization or lawyers.
Understand the costs involved in consulting and hiring a lawyer.
Gathering the information necessary to register a case.
And proceed with the registration process.
Time taken: 1 day (This estimated time is based on our experience with thousands of cases. The estimated time is written here as the time may vary depending on the court’s procedures.)
Appeal Submitted Issue Presented
Prepare and submit all Grounds of Appeal for filing a case.
Court fees are usually £80 per person for a paper-only hearing and £140 per person for an oral hearing.
All of this process must be completed within 28 days of receiving the refusal. If you are unable to pay the court fee immediately, you will be informed.
Awaiting Respondent Bundle
Once a case has been registered with the court, the court will direct the Home Office’s case review team to provide you or your lawyer with all the documents they have.
Waiting for the case review group’s documents
Time required: 2 weeks to 2 months
Case Building
Whether or not the Home Office’s case review team provides the documents, the court will ultimately instruct you or your lawyer to prepare the case based on the circumstances.
Contact your lawyer immediately to arrange a time to prepare your case or to prepare your case.
When preparing a case, prepare the statements of those who will present their statements.
Prepare documents that are missing or need to be added or updated.
Since the court will allow less than 4 weeks for this phase, the process of preparing the necessary medical records or other time-consuming documents, if any, will be undertaken quickly.
If you are unable to do something and have insufficient time, ask for more time.
After all statements and evidence have been collected, they will be processed as per the instructions of the prosecutor, bundled and submitted to the court.
Time taken: 1 week to 4 weeks
Case Under Review
The court reviews or observes whether the submitted bundle has been prepared according to the standards and whether the evidence is suitable for the case to proceed.
If everything is found to be in accordance with the criteria, the court directs the Home Office review team to review the entire process again, state what they disagree with, or submit a response.
Time required: 1 week to 1 month
Respondent Review Issue Review
The Home Office’s case review team will make a decision based on the bundle of cases you have submitted, including the evidence and statements you have made.
After considering all the issues raised in the case, the Home Office withdraws the case and sends a letter requesting the submission of the passport for the visa.
If the Home Office is not satisfied, they request the court to proceed with the case, including a response to what they are dissatisfied with .
Time required: 1 month to 3 months
Submit Hearing Requirement
Usually, when this happens, the cases of many, especially Gurkha families, are reviewed and returned, and the Home Office decides to grant the visa and applies to the court to end the case.
If the review team is not satisfied with the evidence presented, it will submit its response to the court after the review, i.e., it will request a hearing.
The court will instruct you to send a rebuttal or request a hearing within 5 days if you are not satisfied with the answer.
You can request a hearing directly without having to resubmit a rebuttal, such as:
Is there someone from abroad who is giving a statement?
Is there a need for a Nepali or other language translator?
Wheelchair access required.
Hearing problems require some adjustments in hearing.
Should you attend the hearing via video call or attend the court in person?
Which days are you unable to attend?
Etcetera
You will be able to request the necessary facilities in court and even request a hearing.
Time required: 1 week to 3 months
Listing hearings
At this stage, your court will set a date for the hearing of the case.
Your lawyer will appoint a mediator and provide or prepare all the details of the case.
Time required: 1 week to 3 months
Pre Hearing
This is done if there is any work remaining or necessary before the hearing date.
The court prepares a bundle of documents for all parties.
Time required: 1 week to 3 months
Hearing
You will have to appear in court on this very important day.
If the hearing is held via video, attendance will need to be indicated via computer.
Attendance can also be indicated by mobile phone, but care must be taken not to be disturbed by someone’s call in the middle.
Presence
Judge
Witnesses or persons submitting statements
Your lawyer
Your opposing lawyer
Language translator if requested
Court clerk
Etcetera
Sometimes, depending on the circumstances, a case may be moved or postponed.
Time required: 1 day
Decision
The judge will provide a decision on your case.
Your case will be won or lost.
If you win, the Home Office will usually have to overturn the decision it made against you and grant you a visa.
If you lose, your case will be closed, but depending on the circumstances, there may be other options, such as applying to the High Court to re-advance the case or filing a new application, etc.
Time taken: 1 day 2 months
When preparing statements, be as open as possible about everything you think. If you do not understand English, ask to have your statement read out in Nepali and mention the name of the person who read it out at the end of the statement.
For things to consider when preparing documents, see Documents.
Contact address for inquiries in court
First-tier Tribunal (Immigration and Asylum)
First instance court
research
P.O. Box 6987
Leicester
LE1 6ZX
United Kingdom
Email : customer.service@justice.gov.uk
Telephone: +44 (0) 300 123 1711
