I am so heartbroken!!!please help_any moderators

[Summer05]

For those of you who've read my previous post, I am so dissapointed that my mom's visa was refused today at the British Embassy post in Tirana. She is the grandmother of my two very young children Liam and Summer and they are so upset on their first day back at school!!!

I have not yet received the refusal letter (I am expecting a scaned copy tomorrow), however from what my mother told me reading the letter with a broken English I understand that the refusal is linked to a previous refusal visa for England which she received a few years back, but that the decision was overturned at post, and since then she consequently visited UK on three other occasions.

the fact is that we did not declaere on the application form that she had a previous refusal which was overturned.... so basically they have simply found the information provided on the application not correct.

I obviously will appeal the decision, however can anyone kindly give me any idea whether there is hope for a positive outcome or not?

How do we justify this in fact??? We just overlooked the question since she has visited UK for more than 18 times in the past 10yaers.

I would appreciate any answer please. it's nice to read replies...you don't feel alone. xx

[jei2]

the fact is that we did not declaere on the application form that she had a previous refusal which was overturned.... so basically they have simply found the information provided on the application not correct.

I obviously will appeal the decision, however can anyone kindly give me any idea whether there is hope for a positive outcome or not?

How do we justify this in fact??? We just overlooked the question since she has visited UK for more than 18 times in the past 10yaers.

I would appreciate any answer please. it's nice to read replies...you don't feel alone. xx

A common error.

Unfortunately the crux of the matter is that the Immigration Judge is likely to opine that with such travel experience your mother (or her representatives) should know how to complete the form by now.

In such cases the judgement is fairly rigid. My opinion is that your appeal will fail and any request for a reconsideration will fail unless there was an error in law. Highly unlikely if the determination progresses as above.

Before it goes to the issue of appeal you could try requesting a review (especially if you had assumed that there was in effect no refusal since the visa was eventually granted).

You might get lucky and get a judge who will accept that there is an element of ambiguity in the questions. Otherwise you might be better off waiting a few more months before re-applying and getting it right next time.

[Summer05]

Hi jei2

Thanks for your post which I found it very useful.
I met with two different solicitors today and one of them stated that this is a 50/50case if we go ahead with the appeal, while the other solicitor stated that it will be best to reapply; lodging a fresh new application; ticking all the boxes; adding coments to where is needed and provide a bundle of documents for the embassy to have in possession with the application. Those documents will relate basically to the questions regarding the refusal.

In that case since they will have a fully completed application and supporting evidence it will be very unlikely that they will refuse the visa(we will see!!!!)

My worry is that if we don't appeal the latest refusal, how will this affect other future applications?

Summer

[jei2]

If you appeal and lose it will still count as a refusal but I understand that you want to highlight the element of righteous indignation.

I don't think it would matter in future applications as long as you explain that there was confusion over the matter. I would also emphasise the excellent immigration record your mother must have to have gained entry visas so regularly. And of course that there was no intention whatsoever to deceive...

[Summer05]

Thanks ever so much jei2.

I think I will reapply again

Are you aware of any restrictions in terms of time limits i.e can a visitor reapply again after the refusal or does the applicant have to wait for a certain amount of time?

I have checked the immigration website(borders etc and the guidance to ECO on visauk.com... but there is nothing relating to this)

Just want to make sure that the solicitor who said we can reaply again is giving me the correct address.

I would feel very guilty if I keep messing my poor mom again... taking into consideration we live 3hrs drive from the embassy in tirana.

All the best
Summer