UK family visit visa rejected (INDIA)-help please

[surya4uk1]

Hi,

Could some one please advise me for the following problem.

My mom applied for visit visa but rejected 3 times with the reason 320 (7b). applied filed at Chennai British embassy(INDIA).

Details:
1)she has applied family visit visa in 2005 got for 6 months but didn't travel
2)she again applied family visit visa 2006 but British High commission didn't give the visa (reason: insufficient documents)
3)again she applied with fresh application with all support documents then she got 6 months visa and visited UK and went back with in 5 months.
4)in 2009 feb 10, she again applied family visit visa, but she forgot to mention last 10 years rejection imigration history on the application.
British embassy rejected because of the following reason::
Refusal letter: 320 (7b): not declaring previous refusals of our visa application to the UK on 10/02/2009. you were as a result refused under 320 (7b) on your subsequent application. I am refusing you entry clearance under paragraph 320(7b) of the immigration rule. Any future applications will also be refused, for the same reason, under paragraph 320(7b) of the Immigration riles until; 10/02/2019.

5) we have applied with covering letter from my mom saying that this was happened because lack of knowledge while filling application. I am not intended to hide these details.... apologies letter...

but rejected again…

6) we have applied with OSIC register lawyer from UK. He has filled the application with all details. He also put the covering letter clearly...my mom doesn't know English and each of those occasions with some one's help she fills the application.... she is widow and her only son living in UK...
but again rejected with the same reason.

my OSIC lawyer is trying to file appeal but i don't have any hopes.

does any one know how long this process take place?

I think, they are not evening looking up any covering letters...simply they are rejecting ...

Could some one please advise me how to proceed this?
Thanks in advance and I hope to hear form you very soon....

[Mr Rusty]

How many applications has she made? You mention:
2005 - granted but didn't travel
2006 - refused
- reapplied, granted and stayed for 5 months
10/2/09 - refused

So has there been another application since then, or did they invoke Para 320 7B on the 10/02/09 refusal? If so, the refusal is incorrect because the rule itself says this:
"(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:

(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);"

If they are saying that the deception has occurred on that application, that can't be construed as a "previous" breach. In any case, to describe failure to mention a previous refusal, when a re-application led to the visa being granted, as "deception" is perverse, particularly when it leads to a 10-year ban.
You should win an appeal. I hope your OISC advisor is up to it. So many immigration lawyers are rubbish.