very Urgent

[kunze]

HI RAMESH and OTHER GURU'S and all
pls i have a very critical case at hand now. i was given my tier1 visa on the 5th jan, 2010. but they refused my baby.(they claimed they didnt see the birth certificate) so i re-applied for her immediately. including some pictures and our marriage. they called me from the embassy to come for an interview on behalf of my baby. at the interview they told us that our marriage certificate was fake that it wasn't documented at the local council,because of that my visa and that of my wife was REVOKED. We were only given chance to call for administrative review.
At the OUR local council we noticed that our marriage certificate wasnt documented,and immediately the local council officials did the documentation and also apologised to us.
QUESTIONS.
How do we write the Administrative review?
Can i get any sample of Administrative review?
Pls any other information THAT COULD BE OF HELP IS ALSO NEEDED
thanks all

[geriatrix]

Administrative Review is only for PBS main applicants, not the dependents. Dependents can only appeal an EC decision.

If we refuse an application for entry clearance under the points-based system and you think that an error has been made, you can ask us to check our decision. This is known as an Administrative Review. The review will, for example, look at whether your claimed points were correctly assessed.

Please note that a decision to refuse any dependant’s application for entry clearance as the spouse / partner / child of a points-based system migrant attracts a limited or full right of appeal as opposed to an Administrative review. This is because an Administrative review is used to assess whether points have been correctly awarded and your dependants are not applying under the points system.

regards

[geriatrix]

We were only given chance to call for administrative review.

Do you get a letter from the BHC which states the options available to you to contest the decision? If yes, spell it out clearly what the letter states - so that people can understand the matter better.

At the OUR local council we noticed that our marriage certificate wasnt documented,and immediately the local council officials did the documentation and also apologised to us.

What do you mean when you say that the marriage certificate wasn't documented?? Did the council forget to register your marriage but still issued you a marriage certificate?? If you can explain the situation clearly, it will be easier for others to suggest options.


regards

[kunze]

they carried out a check and stated that the marriage did not hold. i went back to the local council,i noticed that our marriage was not enter into the book(i guess that an error from thier end),and yet we where given the marriage certificate

[kunze]

ECO Comment
you have submitted a document in support of your application. iam satisfied to a high degree of propability,that this document is false,because the issuing body has confirmed to us that they didn t issue the document ans the registrar is not a staff of the local council.so you have failed to meet paragraph 245C (b) of HC395.
pls any clerification?

[geriatrix]

245C(b) relates to general grounds for the refusal of entry clearance, leave to enter or variation of leave to enter or remain in the United Kingdom of Tier 1 (General) migrants. If EC for dependents (only) has been refused, the ECO should have cited 319C(a) (for spouse) and 319H(a) (for child).

1. Has your EC also been revoked (main Tier 1 applicant), or just your dependents?
2. (Asking again) What does the letter state your options are, to contest the decision (if it states anything of this sort)?
3. Has a ban been imposed on future EC applications?

This said, to contest the decision in whatever manner allowed you'll now need a letter issued by the council to state that your marriage certificate is indeed genuine and the council is to be blamed for the error of not documenting your marriage in their records. And that you were not aware of this discrepancy (missing entry in council's records) and therefore must not be blamed/penalized for the same.

It will be in your interest to have such a written statement from the council with you (ASAP).


regards

[kunze]

the ECO revoked my Visa and that of my wife.
shd i send the review for me and my wife separately ?
OR my Ad review covers the 3 of us?
Since im not allowed to send in any additional document ,how do i get the letter from the council across to the ECO?
pls send sny other information you think i may need.
thanks for your quick response.

Regards

[geriatrix]

1. Main Tier 1 applicant can request review of refusal decision through Administrative Review within 28 days of receiving refusal decision.
2. Tier 1 dependents can request for review of EC refusal through an appeal, if granted the right to appeal (the refusal letter would state whether right of appeal is granted ir not).
3. If a ban has been imposed, applicants cannot make a fresh application during the time the ban is effective.
4. If a ban has been imposed, suggest that you seek legal help to assess your chances of getting it revoked.

regards

[kunze]

Thanks for your quick response.
My dependant were only given a little right to appeal under the human right laws, so what should i do concerning thier case?
No one was banned.
Im preparing my administrative review to send it in next week
Im thinking of sending the Admin Review, then not to send my dependant appeal, so in case i win the review,i can now re-apply for my dependant. What do you advice?
I need ur opinion about this issue sincerely.

Regards

[geriatrix]

Dependants of points-based system Migrants have a limited right of appeal where the main applicant has had their entry clearance application refused. Where the main migrant has been successful in their entry clearance application, their dependants will have a full right of appeal, if their application is refused.

Appealing a refusal can be a long-drawn process and may take 6-8 months for a decision to be reached.

All refusal decisions are appealable but some refusal decisions only have appeal rights on limited or residual grounds. These are appeal rights on the grounds of race discrimination and human rights.

These grounds are residual because they derive from non-immigration legislation. Post is not required to tell a person with limited rights of appeal how to exercise that appeal. The refusal form will simply state that they have a limited right of appeal. However if an applicant asks for an appeal form to make a limited right of appeal, Post must give them the AIT-2 form and re-serve the notice of decision (GV51(LRA)). The appellant will have 28 days from the date of service of the GV51(LRA) to return the AIT-2.

Given the circumstances of your case, IMHO, the EC refusal cannot be termed as incorrect. While I agree that you were also ignorant of the missing entry in the marriage register at your local council but it is not the fault of ECO either. He has based his decision on the information you submitted and the facts that came to light when your applications were being considered.

It is up to you to decide whether you would like to appeal and patiently wait for anywhere between 1-8 months to know the decision, or apply for your dependents afresh once a decision on your admin. review is communicated to you.

See also Guidance - Appeals (INF19).

regards

[makon]

Admin review may not solve your case because the EC rightfully revoked your visa based on the non-existence of your marriage in the register.

my advise would be to apply again. You can note on the application form why the visa was revoked. Also, you have to find out who is recognised by the BHC in that council and the rightful person to issue marriage certificates. If it is not the same person who signs yours then you may still have problems. Was it in Lagos that you got married?

[kunze]

yes ,it was in lagos.
i av sent the admin review already. just want to clear the fact that the marriage certificate wasnt fake.if im able to ascertain thT WITH THIS REVIEW,as far as the ECO as check and confirm it, i dont mind re- applying again. but lets clear d issue of fske marriage certificate.