Appealing a decision

by **Jeez** » Tue Sep 27, 2011 9:48 am

Hey guys, does anyone know how long the appeal process take? Im currently appealing a negative decision made on my residence permit application on d basis of family ties. Does the administrative court change migri's decisions at all (i mean in reality) ?

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by **Rip** » Tue Sep 27, 2011 10:21 am

Sometimes they do. Do you think you have a case?

As for time line, it varies depending on the case and how many other cases the court at that moment has to consider, but as an example a rather recent case:
http://www.finlex.fi/fi/oikeus/kho/vuos ... /201101230

Migri decision:
2.4.2009
Administrative court decision:
21.4.2010
The supreme administrative court decision (sending the case back to Migri for reconsideration)
11.5.2011

Probably reasonable to expect at least ten months for each step (it is privilege of the supreme court to decide if they will here a case after the decision of the administrative court)

by **Jeez** » Tue Sep 27, 2011 10:29 am

I had a case cos i could prove atleast beyond reasonable doubts dat d decision migri gave was prejudiced n based on imagination. Just curious as to whether they change their decisions at all. Thx for d link

by **Zwagger** » Tue Sep 27, 2011 10:46 am

My bro had to appeal a student decision in the 2009. The timing was not too long (immigration response) if i could remember right though but i guess you are right about prejudice with the immigration system here.

He had all the documents right but the immigration told that his studies were not degree studies when they could clearly read it on the admission letter and i guess it does not cost them anything to also contact the school then and ask for confirmation. We battled that for one year but knew we won't be winning so we deferred the admission and reapplied the next session and he was granted.

You could win the case (i think family cases can be fought with a good lawyer) but they always have a reason to think they are not wrong.

Zwagger

by **Kutittaa** » Tue Sep 27, 2011 11:07 am

This might not be of much help but I know one person here. A Somali who has lived here for a very long time. He got citizenship eventually and he was able to bring in much of his family. Though the child could not be proved to be his for some reason or another. They appealed the decision and he told me it took 13 months from the actual inital appeal, to the stage where his child was legally allowed to enter Finland.

I wouldn't expect such things to take less time, especially because there are lots of people appealing and lots of people already waiting to see a court. Appealing a decision isn't exactly the best thing to do if you don't have a proper case because the end 'appended' decision could be far worse than the inital one. It's a risk you have to take.

by **Jeez** » Tue Sep 27, 2011 11:18 am

The funniest part of the decision migri made was tht, they referred to some section of the law which even a dummy could clearly comprehend clearly stating d grounds on which a negative decision can be handed out, which my case didnt have any connection with but the last paragrapgh of the decision still read *based on the above we cannot blablabla*.... Will it be fair if i say i av began to question their literacy n level of sanity?

by **Jeez** » Tue Sep 27, 2011 11:36 am

Kutittaa wrote:. It's a risk you have to take.

Thx for d helpful comment, but is it still risky when d scenario is like, someone is accusing me of saying a *no* whereas it was *yes* in d document which the person claims to have processed...copy of which i possess

by **Kutittaa** » Tue Sep 27, 2011 11:39 am

Do you have proof that the answer you wrote down was different to the one that Migri received? If you cannot prove that Migri changed your application then you don't have a case.

by **Jeez** » Tue Sep 27, 2011 11:41 am

I even have a copy of wat they recieved, wat i wrote on d application was completely different from wat they said i wrote when dey made their decision...God so kind i made a copy of my application b4 submitting it.so i wonder whose application they processed in my name

by **Kutittaa** » Tue Sep 27, 2011 12:19 pm

Well as long as you have proof that the application they sent you back (that they received from you) is different to the one that you sent. Then you should be fine. Then it's just a matter of proving that your copy is genuine and not one that you have 'marked up' for the case of 'prejudicion'.

It's going to be a long wait though... and pretty costly.

by **Rip** » Tue Sep 27, 2011 12:25 pm

Kutittaa wrote:and pretty costly.

Living cost for the waiting time. The appeal must have been submitted already, and I think the administrative court will just notify them when the decision has been made.

by **Jeez** » Tue Sep 27, 2011 11:38 pm

Thank you all for ur contributions, will keep u guys posted how it went

by **Rodwen** » Wed Sep 28, 2011 12:08 am

Jeez wrote:I even have a copy of wat they recieved, wat i wrote on d application was completely different from wat they said i wrote when dey made their decision...God so kind i made a copy of my application b4 submitting it.so i wonder whose application they processed in my name

seems like they made a genuine mistake, hopefully it will be resolved.

by **Kaarina91** » Tue Nov 08, 2011 10:38 pm

I was denied my residency permit in May. Got a lawyer and he said it would take 4-7 months to know weather I got it or not..am still waiting :/ hopefully by dec ill know but GOOD LUCK!!

by **Kutittaa** » Wed Nov 09, 2011 7:54 pm

Certainly could be a huge waste of time and money if you get denied again.

To RIP or anyone else, are you allowed to stay if you appeal until you get a second decision? Or do you have to go back to your home country? I'm assuming you get to stay. Seems stupid.