Do we withdraw our appeal?

Immigration topics relating to unmarried/civil partnerships, same sex marriages, or cross border partnerships in general. If you have already studied the immigration rules page on the uklgig website, but still have unanswered questions, post them here or in the EU/EEA forum below.

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nibelungen
Posts: 4
Joined: Sun Jun 25, 2017 2:43 pm

Do we withdraw our appeal?

Post by nibelungen » Thu Oct 18, 2018 6:24 pm

My Civil Partner of 6 years had his Pre Entry Clearance Visa application refused in June of this year. It was obvious when we read through the refusal letter that the ECO in Pretoria who had been dealing wth his application had barely ( If at all) looked at the document bundle which was prepared by a reputable London Based solicitor who specialises in Immigration cases. Anyway the appeal was submitted along so far with letters to the Tribunal from myself and my partner in South Africa.
Since submission we have been waiting to see what transpires and have been keeping in touch by WhatsApp as we have been doing for the last 15 months.
I received a telephone call from him on Tuesday ( which is unusual) saying he had had an email from the Tribunals Service in Leicester with an attached letter from ICQAT at Vulcan House in Sheffield stating:-

"I am writing to inform you that I have reviewed the decision made on 12th June 2018 to refuse your application
Pursuant to Tribunal procedure Rule 17(2) I respectfully request that this appeal is treated as withdrawn.

This request for withdrawal is in order for a recommendation to be sent to the Decision Making Centre where your original application was decided to overturn the refusal decision and grant Entry Clearance.

The reason for this is evidence submitted with the grounds of appeal which included a statement for the appellants partner and the previous determination.

If the withdrawal of appeal is granted we will advise the Decision Making Centre where your original application was decided. They will contact you in due course with further information about any next steps you need to take"


Can we take this to mean that my partner is going to get his visa if we agree to the appeal being withdrawn? and if we don't withdraw the appeal will they not reconsider the PEC?
Neither of us trust the Home Office and are loathe to withdraw the appeal only for my partners PEC to be refused again,
Due to the amount of money we have spent over the last 6 years on Visa applications We have no legal representation on this appeal and there is no funding for any to be obtained.
Any advice on this would be helpful and gratefully received

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