Pre-Action Protocol for Judicial Review

[amirhamide1357]

He Guys,

I have applied for my father to visit UK and his visa has been refused. My sister and I are British citizens. I am a manager at BP and your sister is a manager in a nursery in London. My wife is a Medical doctor.

My sister and I recently sponsored my father's visit visa application. My father is an Iranian national living in Iran. He intended to visit partly to attend your graduation in September. His application was refused by email on 11 August 2021 in a letter dated 10 August 2021. He has never previously had any visa refusals.

We have not provided a list of your father's family members in Iran, including two sons and one daughter and a number of other family members. (Actually all his family members live in Iran) Also we submitted 25 pages of financial evidence. My father is retired man and rent out a restaurant in Iran. He owns a few properties in Iran and receives pension payments.

Any one could help to fill the form Pre-Action Protocol for Judicial Review please? please let me know how to fill the form Thank you.

I have included refusal letter : Thanks for looking in advance and I look forward to hearing from you in close future.

Refusal letter:


Dear Sir/Madam,
Your application for a visit visa to the United Kingdom has been refused.
What this means for you
Any future UK visa applications you make will be considered on their individual merits,
however you are likely to be refused unless the circumstances of your application change.
In relation to this decision, there is no right of appeal or right to administrative review.
The reasons for this decision are set out on the next page.
Yours sincerely,
Home office

Date: 10 August 2021
REASONS FOR REFUSAL NRA v 1.0
You have applied for a visa to visit the UK.
In deciding whether you meet the requirements of Appendix V: Immigration Rules for visitors
(https://www.gov.uk/government/collectio ... tion-rules), I have considered:
• your application, and any additional relevant information you have provided with it
• your immigration history
The decision
I have refused your application for a visit visa because I am not satisfied that you meet the
requirements of paragraph(s) V4.2, of Appendix V: Immigration Rules for Visitors because:
 You have applied for leave to enter the United Kingdom for 2 months in order to visit
family. I acknowledge the importance of family visits and have therefore given your
application careful consideration. On your visa application form you have indicated
that you will be responsible for funding your trip. I have therefore given consideration
to your circumstances, both economically and personally in your home country and
have noted the following –
 You have stated that you are retired and receive a regular income from savings and
investments of IRR1608000000 (£27,476) per annum which I equate to
IRR134000000 (£2,289.72) a month. On your visa application form you have
declared monthly expenditure of IRR70000000 (£1,196.12). As evidence of your
financial circumstances you have submitted three bank statements in you name. The
first statement (Account No.****1008 refers shows two recent deposits on 1
st May
2021 and 29th June 2021 for funds totalling IRR1500000000 (£25,631) which is
equivalent to 11 months income, without expenses deducted. The documents
submitted do not evidence of the origin of these deposits. The other two bank
statements (Account Nos.****2009 and ****2718 refers) shows combined closing
balances of IRR33378041 (£570.34) (IRR32920922 and IRR457119 respectively). I
am not satisfied that you have given a clear account of your financial circumstances
in your home country. This undermines the credibility of your application to the extent
that I am not satisfied that you are a genuine visitor who will leave the United
Kingdom at the end of the period of your visit.
 I have considered the documents and information you have provided about your
personal circumstances. You have stated that you are a widow and wish to visit your
two children who both reside in the UK. The documents submitted do not
demonstrate that you have any other family members remaining in your home
country. In light of this and the aforementioned concerns about your economic
circumstances, I am not satisfied that you have been able to demonstrate that you
have substantial ties outside of the UK to ensure you will leave at the end of your
proposed visit.

In light of the above, I am not therefore satisfied that you are a genuine visitor and
will leave the UK at the end of your visit. Your application for a visit visa has been
refused under Paragraph V4.2(a)(c).

NEXT STEPS NRA v 1.0

In relation to this decision, there is no right of appeal or right to administrative review.

https://www.homeofficesurveys.homeoffic ... sasurveyuk

[manci]

Suggest your father submits a new visitor visa application and addresses all the points raised in the refusal letter.

General guidance is here:
https://www.gov.uk/standard-visitor-visa

The more detailed caseworker guidance is here:
https://assets.publishing.service.gov.u ... 0.0ext.pdf

[amirhamide1357]

Do you think it will be a waste of time if we apply for Pre-Action Protocol for Judicial Review? Much appreciated if you could advise me. My father is very old and it is hard for him to make it to the embassy

[manci]

Judicial review is a long-winded process and if it is found that the ECO's decision was justified by reference to the rules, which is likely, it will be a waste of time.

It would be far mar expedient to make a fresh application addressing the points raised in the refusal decision paying attention to the requirements set out in the visitor guidance.

Note that he ECO will always have some discretion in applying the rules.

[manci]

t would be far mar expedient to make a fresh application addressing the points raised in the refusal decision paying attention to the requirements set out in the visitor guidance.

The ECO will want to be convinced that there is reasonable prospect of your father returning to Iran after visiting the UK. To this end you (your father) should demonstrate and provide evidence of his strong ties to Iran - family, property, business, etc. Also elaborate on the issue of who will finance your father's visit to the UK (travel and accommodation).

Also keep an eye on Covid travel restrictions

[amirhamide1357]

Thanks taking time and reply to my concern. Much appreciated your support. I am going to apply for Pre-Action Protocol for Judicial Review as I think he never had issue to come over and left always well in time. He has properties in Iran on his name and he rent out those. He has very comfortable life back home and he never wants to stay in UK. He has no interest to stay here because of his life style in Iran. He simply wants to visit UK because of our wishes.

[manci]

I am going to apply for Pre-Action Protocol for Judicial Review

This is your choice but remember that in a JR you are challenging the lawfulness of the decision, so you need to focus on the Immigration Rules, which is the law, and show in what specific ways you consider that the decision was illegal or irrational.

In general, if the case comes before a judge s/he will not consider new evidence about the case, but will be looking at whether the HO made the right decision based on the evidence they had in front of them at the time.

Once the HO receive notice of the JR they will refer the case to the Entry clearance Manager for review. If you present a convincing case the HO may withdraw the refusal decision.

I reiterate my opinion that it would be far more expedient and a great deal less time consuming for your father to make a new application with new or better supporting evidence and that the chances of the refusal decision being withdrawn are slim.

[amirhamide1357]

Thank you very much for your advise, much appreciated. You are truly kind.

Kind regards,
Amir

[prs]

Make sure that your father includes the real and correct evidence of his financial.

Judging by what you/your father sent them previously, there seems to be some deliberate mis-information in the financial information.