Entry refused on London Airport-----Please suggest

[anotherone_waiting]

I believe the appeals are only given when their application is refused. She is also saying that Brazilian immigration officers were waiting for her at the airport and they handed over her passport to her and when she asked for the letter the Brazil immigration replied that is for them. so not sure whats was that really.

Unless she was specifically refused under 7A I can't see how 7B can be cited in the refusal of another application. There are procedures that need to followed.

In deception cases, you will need to take into account representations from the applicant as to why they did not use deception. Subject to that, you can assume that the officer who took that decision applied the correct burden and standard of proof, unless the decision was overturned, for example, on appeal, Judicial Review or following reconsideration.

Examples of when you can assume that the officer applied the correct burden and standard of proof for establishing deception:

Electronic copy of refusal notice held only (no other papers/docs). Applicant refused under, for example, paragraph 40 and reference made to the fact they applicant used false docs.
Electronic copy of refusal notice held (no other papers/docs held). Applicant refused under 320(21) (false docs), 320(7A) or other deception rule.
Electronic copy of refusal notice which makes reference to deception, false document / relevant papers held.

[anotherone_waiting]

I am sorry i didn't mean to make it strange or difficult for you. But whatever information i have provided is as per best of our knowledge.

Immigration officer at heathrow airport told me she tried to use deception and we cud ban her forever and i requested them not to do so, what he told my girlfriend was you should never lie to immigration officer that is all.

She was not given any letter or paper at all.

I know it doesnt give you the best understanding but unfortunately that is all we know and have.

I hope it helps.

This is beginning to sound very strange indeed. I'm not sure you have the full facts, and if you don't have clear information to give the forum, the forum can't return clear information to you.

[INSIDER]

I am sorry i didn't mean to make it strange or difficult for you. But whatever information i have provided is as per best of our knowledge.

Immigration officer at heathrow airport told me she tried to use deception and we cud ban her forever and i requested them not to do so, what he told my girlfriend was you should never lie to immigration officer that is all.

She was not given any letter or paper at all.

I know it doesnt give you the best understanding but unfortunately that is all we know and have.

I hope it helps.

This is beginning to sound very strange indeed. I'm not sure you have the full facts, and if you don't have clear information to give the forum, the forum can't return clear information to you.

I doubt very much she would have been given no documentation at all.

She should have at least FOUR sets:IS86-EXPLANATION FOR FINGEPRINTS,IS91R and IS81-BOTH EXPLAIN REASONS FOR DETENTION and finally IS82A-Reasons for refusal.

Frankly, I find it hard to believe she would have been given none of these. In fact, the IS82A is never given to anyone but the passenger, so highly unlikey the airline or Brazilian immigration would have been in possesion of it.

I suggest you speak to her again.

[anotherone_waiting]

There is no point she got 4 sets of any documents at all. I have checked with her many times.

The only thing she confirms is that immigration handed over her passport and a letter to the Airlines staff. When she got to Brazil, immigration was waiting for her and they handed over her passport to her. When she asked for that documents Brazilian immigration said its for them.

I will try to contact UKBA at Heathrow and try to find out some info, and will let you guys know.

Thanks guys

This is beginning to sound very strange indeed. I'm not sure you have the full facts, and if you don't have clear information to give the forum, the forum can't return clear information to you.

[/quote]

I doubt very much she would have been given no documentation at all.

She should have at least FOUR sets:IS86-EXPLANATION FOR FINGEPRINTS,IS91R and IS81-BOTH EXPLAIN REASONS FOR DETENTION and finally IS82A-Reasons for refusal.

Frankly, I find it hard to believe she would have been given none of these. In fact, the IS82A is never given to anyone but the passenger, so highly unlikey the airline or Brazilian immigration would have been in possesion of it.

I suggest you speak to her again.[/quote]

[anotherone_waiting]

Hi guys, there is a good news. Not sure for you but atleast for me.

We managed to get the documents that you guys have been talking about. For some funny reason those documents were retained by Brazil immigration. my girl friend did request them and she should have that later today and i will share that with you guys.

You all sounds like solicitors or atleast knowledge of all the lawd and i would really need you advise and guidance.

Please advise me to deal with it once i share the documents with you.

Cheers

[Lucapooka]

I live and work in Brazil. I can't believe that, subsequent to yesterday's dialogue, she had managed to contact the Policia Federal at Galeão or Guarulhos (wherever she entered) and not only confirm the details of her circumstances, but actually be able to successfully retrieve the relevant paperwork, and all before lunchtime.

There is something very odd about this discussion.

[anotherone_waiting]

Thanks for your message.

I am really sorry i am embarrased because i lied to you today, actually we both have been under alot of stress and going thru a tough time because of all the formalities of her travel to India then Uk and as you know there are complications about her coming to UK.

When i asked her to contact immigration day before yesterday she actually tried to recall all the events and she found this in her luggage, and for some funny reason she believed that paperwork is not useful.

I am really sorry !!!

I live and work in Brazil. I can't believe that, subsequent to yesterday's dialogue, she had managed to contact the Policia Federal at Galeão or Guarulhos (wherever she entered) and not only confirm the details of her circumstances, but actually be able to successfully retrieve the relevant paperwork, and all before lunchtime.

There is something very odd about this discussion.

[anotherone_waiting]

Can you still please advise me on this matter ?

[Greenie]

No one can comment further although knowing the content of the reasons for refusal.

[anotherone_waiting]

Hi guys,

I am not sure if you really want to advise something, but i will appreciate if anyone can.

The documents says as follows.

IS.82 A -

You have asked for leave to enter the UK as a visitor for one week but i am not satisfied that you are genuinely seeking entry as a visitor for the limited period as stated by you. This is because upon arrival you stated that you previously visited the UK for a 15 days. However, you later admitted that you had in fact remained in the UK for a period of 5 months. Furthermore you initially stated that you were married but later admitted that this was not the case and in fact you were divorced, but you were confirmed single eventually. You stated the reason for these discrepancies was in order to secure your entry to the UK.

UNDER RIGHT OF APPEAL

He ticked the box which says - is/are seeking to enter the UK for purpose other than one for which entry is permitted by immigration rules (Section 88 (2)(d)2)

IS.91R - Reason for detention and bail rights

b. There is insufficient reliable information to decide on whether to grant you temporary admission or release.

This decision has been reached on the basis of the following factors.

6. You have failed to give satisfactory or reliable answer to an immigration officer's inquiries.

IS86 - Notification of Requirement to provide fingerprints

4. You have been detained under paragraph 16 of schedule 2 to the 1971 Act or arrested under paragraph 17 of schedule 2 to that act.

I really hope to hear from you guys.

Thanks in advance for you time.

Cheers

[Greenie]

is this all it says on the refusal or is there anything else?

[anotherone_waiting]

Thats all it says mate.

Its a 5 pages documents. And this is all from the first 3 pages. 4th one says about the finger prints and 5th one says THAT THE CONTENT OF THIS NOTICE HAS BEEN EXPLAINED TO YOU IN ENGLISH BY ME.

Thats it.

is this all it says on the refusal or is there anything else?

[geriatrix]

After your marriage in July, will she be applying for EC as a dependant of a PBS migrant or as spouse of a settled person or British citizen?

[anotherone_waiting]

I am in my 4th year of Tier 1 general, so once we are married she will apply for Tier 1 dependent (PBS)

After your marriage in July, will she be applying for EC as a dependant of a PBS migrant or as spouse of a settled person or British citizen?

[anotherone_waiting]

Can someone suggest me something please?

[INSIDER]

Can someone suggest me something please?

Well the good news is that she has clearly not been banned from entering the UK. However,she does now have an adverse immigration history and this will almost certainly play a factor in any application she might make in future. You simply have to hope that her marriage to you outweighs her clear attempt at deception.

I am sure other experienced contributors will have something to contribute in time if they have not been hacked off with your own attempt at deception.

[anotherone_waiting]

I understand where you are coming from, but the only reason i lied was not to make myself a fool.

Thanks for your reply though, much appreciated.

Can someone suggest me something please?

Well the good news is that she has clearly not been banned from entering the UK. However,she does now have an adverse immigration history and this will almost certainly play a factor in any application she might make in future. You simply have to hope that her marriage to you outweighs her clear attempt at deception.

I am sure other experienced contributors will have something to contribute in time if they have not been hacked off with your own attempt at deception.