Hi John,
I am quoting below from the DETERMINATION & REASONS Letter
6. Reasons for the Refusal
In support of the application, the Appellant submitted a letter of employment which was relevant to the application. As a result of checks made by the British High Commission, detailed in a document verification report, the ECO was satisfied that there was high degree of probability that this was not a genuine document. The application was therefore refused in accordance with paragraph 320(21) of the Immigration Rules, which sates that entry clearnce should (normally) be refused when as applicant submits a false document in support of an application. The Appellant's application was not considered under any other provision of the Immigration Rules.
7. The Evidence
As the Respondent failed to submit a bundle, I did not have before me a copy of the document verification report referred to in the reasons for refusal or indeed the Appellant's application form with supporting documents. On appeal, the Appellant has submitted an 18 page letter (annexure A), list of enclosuress (Annexure B) and copies/originals of the documents referred to therein. These documents relate to the Appellant's employment with KKK Pvt Ltd. and M/s LLL. They include, interalia, documents confirming the existence and operating status of these companies, certificates from the managing director of KKK and LLL confirming that the letters of employment submitted by the Appellant were genuine, tax certificates, copies of letters sent and received whilst with his employers, photographs, testimonials, etcetra.
8. My Findings
I am satisfied from the voluminous evidence before me that the Appellant was genuinly employed by both KKK Pvt. Ltd. and LLL as set out in his supporting letters of employment. On the basis of the evidence before me, I am not satisfied that the Appellant submitted a false document in support of his application. Therefore there were no grounds on which entry clerance to enter the United Kingdom should have been refused pursuant to paragraph 320(21) of the Immigration Rules. Futhermore, the Entry Clerance Officer failed to properly consider the application pursuant to prargraph 135A of the Immigration Rules. As I was not provided with a copy of the Respondent's bundle, I do not have the necessary information before me to determine whether the Appellant meets the requirements of this Rule.
9. On the totality of evidence before me, I find the Appellant has discharged the burden of proof and that the reasons given by the Respondent do not justify the refusal. Therefore the Respondant's Decision is not in accordance with the law and the applicable Immigration Rules.
Decision
10. The appeal in respect of the Immigration rules is allowed to the extent that the matter be returned to the Entry Clerance Officer to reconsider his decision pursuant to paragraph 135A of the Immigration Rules.
Well, the paragraphs above infact sum-up my complete case very nicely, truely and briefly.
Since I have not submitted any new document to the ECO other than my original visa application and then the appeal, i have very less clue as to what they want to ascertain in the Interview?
To the best of my knowledge I fulfilled the requirements of
funds and accomodation, at the time i made my first visa application in nov, 2005. I still fulfill the same requirements and I in no case will be resorting to public funds in Uk.
My friend (who was my colleque here in India, My team member, who used to report to me in my company) who is offering me accomodation in Uk now rather lives is bigger house than what he used to live in dec, 2005 and is drawing a salary of GBP 30,000 per annum. Meanwhile, while waiting for the appeal decision, I have infact completed some websites and webapplications for some British companies sitting here in India. So I am pretty sure of doing better when I am there in Uk.
But ECO's go by the law. If they have called me for the interview, I am sure they must have come up with questions that I am not able to comprehend on my own. That's why I need some advice from your vast pool of knowledge and expericence.
Please help me in dealing with this scaring 'cult' of Immigration Officers who I feel won't shy is asking you to proove that you are wearing a red shirt, if you tell them that you are wearing a red shirt and sitting right in front of them on the other side of the table, to quote as an example!
I mean, I am feeling that they are beating the bush a little too hard in my case!
They have already delayed me by 1.5 years in just satisfying their whim... I dont know what next, are they upto!
Thanks
Eagerly awaiting your advice.
PPra
