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jei2 wrote:ClaireM.
I'm sorry to hear about your situation. It must be very stressful for both of you.
What reasons did the Entry Clearance Officer give for refusing your husband leave to enter?
What were your grounds for appeal?
jei2 wrote:Claire,
To clarify, did you submit documentary evidence of living together and of your income at the time of the application ? If so you could simply try requesting a review of the case from the Entry Clearance Manager in Lebanon, using your husband's medical circumstances as an additional factor.
If your documentary information was submitted after the application was refused, some Immigration Judges may refuse to take account of evidence submitted after the decision was made, even if it appertains to your application.
If this is the case, then it might be easier to re-apply ensuring that all the required documents are submitted at the same time. However if the ECO's opinion about your marriage was a subjective analysis "on the balance of probabilities" it will be quite difficult to overcome this.
Should I assume that your husband was an overstayer who returned home to make an application through the proper channels? This can sometimes create bias (my personal view) on the part of Entry Clearance Officers.
Unfortunately my experience comes from advising clients who fall under similar circumstances.
Hiyachrissy wrote:Sorry to hear about the refusal, ClaireM. I hope you are successful in your appeal.
Can you tell me how long it was after you submitted your application that you received your results?
Keep the faith.
jei2 wrote:Hmm.. as I was musing earlier about personal bias...
This should give the IJ something to chew on while s/he decides whether or not they agree...
jei2 wrote:It's a review of the original application but it doesn't hurt for you to further outline the points re the assessment of your income making the refusal decision potentially flawed.
Don't rely too much on the MP's input; they have their own caseworkers and its probably one of them who is corresponding with you. Get your own bit in.
The more you can provide a rational balanced argument the greater the chances that the review will be positive. Highlight how much you and your husband love and miss each other as well.
Go for diplomacy and understanding of the difficulties of the ECO's task rather than the "are you the village idiot? approach (tempting as it may be). A bit of kissy kissy never hurts in these situations.
Hope it goes well for you.