Tier 1 G Refusal, Accusation of deception & my rights

[asu2z]

Dear forum members

I am in difficult situation and I hope to receive some valuable suggestions from knowledgeable members.

I have recently applied for (in country) Tier 1 General application and unfortunately my application is refused and I have been also accused of deceiving the UKBA.

I claimed £32000 of earnings of which £25000 was from my salaried employment and £7000 was from my self employment. UKBA has accepted my income from employment however on self employment they have objected and stated that UKBA is unable to verify the invoices issued to my clients.

I have not been given the right of appeal since my current leave under PSW is valid until 2011.

Dear Sir or Madam, I want to take strict legal action against UKBA for falsely refusing my application and accusing me of deception. I have not given them any wrong document and I want to prove this in a court. And I also want to know what efforts/actions UKBA has made in order to confirm that my (invoices) are false and I also want them (UKBA) to prove this in court!


I need to know what my rights are in this situation and I need to know; how can I challenge this decision of UKBA? And do you now any lawyer (with reasonable fee) who I can engage with?

I await your feedbacks

[coolvirgo1986]

Dear forum members

I am in difficult situation and I hope to receive some valuable suggestions from knowledgeable members.

I have recently applied for (in country) Tier 1 General application and unfortunately my application is refused and I have been also accused of deceiving the UKBA.

I claimed £32000 of earnings of which £25000 was from my salaried employment and £7000 was from my self employment. UKBA has accepted my income from employment however on self employment they have objected and stated that UKBA is unable to verify the invoices issued to my clients.

I have not been given the right of appeal since my current leave under PSW is valid until 2011.

Dear Sir or Madam, I want to take strict legal action against UKBA for falsely refusing my application and accusing me of deception. I have not given them any wrong document and I want to prove this in a court. And I also want to know what efforts/actions UKBA has made in order to confirm that my (invoices) are false and I also want them (UKBA) to prove this in court!


I need to know what my rights are in this situation and I need to know; how can I challenge this decision of UKBA? And do you now any lawyer (with reasonable fee) who I can engage with?

I await your feedbacks

if u applied after 6th april u have to show 35000 ??? in which date u applied

[vinata]

Sorry mate to hear your story. There are no appeal rights for those with valid permissions to stay. However, if you deffinetely know that all your documents are genuine, then you can appeal directly to the High Court which is known as judicial review. This type of challenge is very expensive. The application itself costs £400, but legal cost associated with the process amount to £3000 - £5000 on average. You need to find a GOOD solicitor with extensive experience in similar cases and discuss this issue. If you don't engage with a good solicitor, you are bound to fail again. But you can still fix your situation. However, this is an expensive and very lengthy route. High Court is usually very busy, therefore, it may take them up to a year to consider your case.

[pkumar]

If UKBA has abused you of false document .. i m pretty sure are VERY certain they are false ....

[gordon]

In the past, it has been the case that the UKBA would refuse applications where information submitted could not be verified; however, I seem to recall that there was actually some guidance to indicate that this failure to verify would not in itself be grounds for an accusation of deception. Your declaration on the application form would likely have included the following:

I understand that if the UK Border Agency has reasonable cause to believe that any document or documents I have submitted with this application are forged, fraudulent or not genuine, and the UK Border Agency has sought to verify the documents using processes specified by it but has not been able to verify them, no points will be awarded for these documents even if the UK Border Agency cannot prove that they are not genuine.

So the UKBA are not under any obligation to demonstrate incontrovertibly that the applicant used deception; they merely have to show reasonable cause. So the onus would be back on the applicant to demonstrate that the submissions were not forged, not fraudulent, and genuine.

Is it possible that your case has more than one dimension: the UKBA were unable to verify your self-employment earnings (which would have been sufficient to warrant a refusal), but there was perhaps another problem that gave rise to the charge of deception ? One thing to consider is the status of the institution that granted the degree that allowed you to go onto PSW in 2009.

[asu2z]

Sorry mate to hear your story. There are no appeal rights for those with valid permissions to stay. However, if you deffinetely know that all your documents are genuine, then you can appeal directly to the High Court which is known as judicial review. This type of challenge is very expensive. The application itself costs £400, but legal cost associated with the process amount to £3000 - £5000 on average. You need to find a GOOD solicitor with extensive experience in similar cases and discuss this issue. If you don't engage with a good solicitor, you are bound to fail again. But you can still fix your situation. However, this is an expensive and very lengthy route. High Court is usually very busy, therefore, it may take them up to a year to consider your case.

Dear vinta - Thank you very much for your valuable feed back.

[asu2z]

If UKBA has abused you of false document .. i m pretty sure are VERY certain they are false ....

My dear friend kumar

UKBA is not a God Who can not make mistakes. The people working there are just like you and me. Some of them are trainee and some of them are incompetent. Some of them may not be doing their job efficiently because they are fed up from their jobs or some of them may had an argument with his girlfriend/boy friend last night.

These Entry Clerance officers and UKBA officials have made blunders in the past. Litterally blunders in wrongly assessing visa applications. Probably you or any friend of yours never had any bad experience with them..................

If you can not add something positive. So please stop advocating them.....

[asu2z]

In the past, it has been the case that the UKBA would refuse applications where information submitted could not be verified; however, I seem to recall that there was actually some guidance to indicate that this failure to verify would not in itself be grounds for an accusation of deception. Your declaration on the application form would likely have included the following:

I understand that if the UK Border Agency has reasonable cause to believe that any document or documents I have submitted with this application are forged, fraudulent or not genuine, and the UK Border Agency has sought to verify the documents using processes specified by it but has not been able to verify them, no points will be awarded for these documents even if the UK Border Agency cannot prove that they are not genuine.

So the UKBA are not under any obligation to demonstrate incontrovertibly that the applicant used deception; they merely have to show reasonable cause. So the onus would be back on the applicant to demonstrate that the submissions were not forged, not fraudulent, and genuine.

Is it possible that your case has more than one dimension: the UKBA were unable to verify your self-employment earnings (which would have been sufficient to warrant a refusal), but there was perhaps another problem that gave rise to the charge of deception ? One thing to consider is the status of the institution that granted the degree that allowed you to go onto PSW in 2009.

Interesting and useful information..

No, I was awarded all the other points except for self employment. I was even awarded 20 points for earnings which I claimed from salaried employment.

I have requested for my SAB report and I hope that will contain some useful information about my case. And after that I will go for JR.

[mrkhanI]

hi asu2z,
whats the status of your application now, how was the review. I hope everything goes well.

Regards.