APPEAL AGAINST DECISION

friendstaller · Post by **friendstaller** » Wed Feb 03, 2010 11:12 pm

Dear All, Am new to this site but i hope i can get some help here. I applied for residence permit on family ties and the decsion was negative. However, i was told why i was regretted and have got what i needed to bring to appeal against the decision. My problem is should i apply for another permit while the appeal is pending? and how long does it for appeal decision to come in turku (avearge time)?
Thx

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rinso · Post by **rinso** » Thu Feb 04, 2010 8:43 am

My problem is should i apply for another permit while the appeal is pending?

No.
It makes the situation more complicated. They might simply reject the second application because of the appeal.
At least it doesn't improve your chances.

maurine · Post by **maurine** » Thu Feb 04, 2010 4:57 pm

friendstaller wrote:Dear All, Am new to this site but i hope i can get some help here. I applied for residence permit on family ties and the decsion was negative. However, i was told why i was regretted and have got what i needed to bring to appeal against the decision. My problem is should i apply for another permit while the appeal is pending? and how long does it for appeal decision to come in turku (avearge time)?
Thx

maybe you should add what was needed on your pending appeal.

friendstaller · Post by **friendstaller** » Sat Feb 06, 2010 9:45 pm

Dear All, Can someone who knows tell me avearge processing time of appeal in turku administrative court and if its posiible to spped it up? thx

daryl · Post by **daryl** » Tue Feb 09, 2010 1:12 am

rinso wrote:
My problem is should i apply for another permit while the appeal is pending?
No.
It makes the situation more complicated. They might simply reject the second application because of the appeal.
At least it doesn't improve your chances.

It all depends on the grounds for applying again.

Technically the job of the court is to review the legality of the decision that was made, based on the original application and the information that was available to the authority at the time. That decision could be illegal because of an error of substance (i.e. the authority misunderstood the law or failed to assess the facts correctly) or an error of procedure (e.g. relevant information was received from a third party and used against the applicant without giving the applicant an opportunity to comment on the information). If the authority made no error of substance or procedure, then the court cannot strike down the decision.

Strictly speaking, new information that emerged only after the decision was made cannot be relevant to this process. However, refusal of an application for a first residence permit also often includes a summary expulsion order as well. If the new grounds are sufficiently strong, then the court may strike down the summary expulsion order, and therefore the decision as a whole, because the court feels that the expulsion would be an an important infringement of rights.

Every application for a residence permit must be considered on its own merits. The mere fact that an appeal is pending against an earlier decision does not provide grounds for refusing a new application. However, it is pointless to apply for the same thing again unless some significant new grounds are available to support the new application.

Examples of such new grounds include pregnancy, or an offer of work or admission into higher education. The main practical problem in such applications is that inexperienced officials may tend to sit on such applications and wait for the court to decide the appeal, even though a new application based on new facts ought to be processed on its own merits alone. If the new grounds for applying take the form of an offer of work, then it's probably best to file the application at the employment office and not at the police station. This ensures that the employment office gets a chance to issue its own decision on the application, and if this decision is favourable, then FIS can be pressured to settle the question of reasonableness (point 3 of paragraph 1 of section 49 of the Aliens Act) as a matter of urgency.

debeck · Post by **debeck** » Sat May 15, 2010 7:12 am

" If the new grounds for applying take the form of an offer of work, then it's probably best to file the application at the employment office and not at the police station. This ensures that the employment office gets a chance to issue its own decision on the application, and if this decision is favourable, then FIS can be pressured to settle the question of reasonableness (point 3 of paragraph 1 of section 49 of the Aliens Act) as a matter of urgency"

Well, i had a positive decision from the employment office for my work permit February 2009 but FIS ended up giving me negative response based on the reason for my first entry to Finland.

kmt · Post by **kmt** » Tue Sep 21, 2010 3:27 pm

Hi,

I recently got family residence permit refusal (waiting for the written decision). I want to know that usually how long it takes if I go for an appeal?
how many months are required approximately to get the decision after appeal?

regards,

Khan

banjkeee · Post by **banjkeee** » Wed Aug 24, 2011 3:10 pm

i got stuck in the same situation! how long do i have to wait? can anyone give some advice on what to do?

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sharmaji · Post by **sharmaji** » Fri Aug 24, 2012 8:43 pm

Hi all, as i have appealed in November 2011. It was said by lawyer that it takes at least 6-8 months and the given time has been crossed. I called to the administrative court to ask about time but he said ' I cannot say the time, probably it can go 2,3 months more. But average processing time is 7 months as they showed me. Now i have a feelings i did mistake by appealing. Better reapply .....!

Rara · Post by **Rara** » Fri Aug 24, 2012 10:43 pm

friendstaller wrote:Dear All, Am new to this site but i hope i can get some help here. I applied for residence permit on family ties and the decsion was negative. However, i was told why i was regretted and have got what i needed to bring to appeal against the decision. My problem is should i apply for another permit while the appeal is pending? and how long does it for appeal decision to come in turku (avearge time)?
Thx

Could u please tell us why your RP application was refused or negative result? are u married or just cohibite ? how long your relationship with ? is your sponsor is Finn or not ..etc. So it will help us to see your case and give you some advices.
I assumption you are now in Turku and applied it at Police station not Migri.

Rara · Post by **Rara** » Fri Aug 24, 2012 10:45 pm

sharmaji wrote:Hi all, as i have appealed in November 2011. It was said by lawyer that it takes at least 6-8 months and the given time has been crossed. I called to the administrative court to ask about time but he said ' I cannot say the time, probably it can go 2,3 months more. But average processing time is 7 months as they showed me. Now i have a feelings i did mistake by appealing. Better reapply .....!

Do you mind to tell us why your RP application was refused or negative result? are u married or just cohibite ? how long your relationship with ? is your sponsor Finn or not ..etc. So it will help us to see your case and give you some advices. Also it will give new info for readers.

Rara · Post by **Rara** » Fri Aug 24, 2012 10:47 pm

kmt wrote:Hi,

I recently got family residence permit refusal (waiting for the written decision). I want to know that usually how long it takes if I go for an appeal?
how many months are required approximately to get the decision after appeal?

regards,

Khan

Could u please tell us why your RP application was refused or negative result? are u married or just cohibite ? how long your relationship with ? is your sponsor is Finn or not ..etc. So it will help us to see your case and give you some advices.

Rip · Post by **Rip** » Fri Aug 24, 2012 11:06 pm

Rara wrote: Could u please tell us why your RP application was refused

Who cares? He asked his question nearly two years ago. I sincerely hope he either has his permit or he is out of here for good.

Rara · Post by **Rara** » Sat Aug 25, 2012 5:26 am

Rip wrote:
Rara wrote: Could u please tell us why your RP application was refused
Who cares? He asked his question nearly two years ago. I sincerely hope he either has his permit or he is out of here for good.

Who do you mean Rip ``? there are 4 persons whose were rejected their RP......(sharmaji, kmt, friendstaller.kmt....)
do u have their link stories , so i can read their case......, 2 years ago i wasnt joined here yet.

Rip · Post by **Rip** » Sat Aug 25, 2012 9:38 am

Rara wrote: Who do you mean Rip ``?

Each post on the board has date. Please check them.

there are 4 persons whose were rejected their RP......(sharmaji, kmt, friendstaller.kmt....)

I count three persons on that list. Two of them presented their questions in questions in 2010, so they hardly need any advice any more.

do u have their link stories , so i can read their case......

Their posting histories may give you some further information.

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