parents visit visa refused, do i have right to appeal?

[tcpip_helper]

Hello all,

recently my parents applied for visitor visa as general visitor, i am on Tier 1 (general) visa, i'll come to refusal points soon but if anyone can guide me whether i have a right to appeal or not as its a bit confusing, refusal letter ends with the following note

"Your right of appeal is limited to the grounds referred to in section 84(1) (c) of the Nationality Immigration an Asylum Act 2002 (www.legislation.gov.uk)"

a quick response is highly appreciated.
thanks in advance.

[vinny]

84(1)(c ).

[Amber]

You need to address the points of refusal then reapply unless it's discrimination.

[tcpip_helper]

thanks for your replies, so if i understood correctly, i can appeal aginst the decision, am i right?

also is there a fees involved if you appeal against the decision?

visa has been refused on the basis that although i was the full sponsor except the travel tickets, my father provided his bank statement, i send him monthly income, my brother gives him money every month from his salary and he also has rental income but all these income was in cash and not reflected in his bank statements, on that basis he has refused the visa. the exact wordings are as below. do i have any chance of winning the appeal.

On your application form you state that you are retired and that your total monthly income is PKR 55,000 (£343.75) from rental income and your sons support. To support this you have provided an employment letter on behalf of your son, rental documents and a copy of your personal bank statements which shows that you made a series of cash deposit payments over the reporting period. These deposit payments are not sourced and do not appear to reflect your claimed salary. This means that I am not satisfied that your employment and income are as claimed or that the funds in your bank account shown are genuinely available for your use.

You state that your visit to the uk will cost you personally the cost of your travel and your wife’s which will be £500 each, but I am not satisfied the proposed expenditure is commensurate with your evidenced circumstances, however the evidence submitted by you does not corroborate your income and I do not find it credible that you would allocate this volume of funds for a 2 week visit to the UK. Given all of this I am not satisfied that your circumstances in Pakistan are as you have stated which also leads me to doubt you intentions in wishing to travel to the UK now. As a result I am not satisfied that you are genuinely seeking entry as a general visitor or that you intend to leave the UK at the end of the period of the visit as stated by you.

I have therefor refused your application because I am not satisfied on the balance of probabilities that you meet all of the requirements of the relevant Paragraph of the UK immigration rules.

Your right of appeal is limited to the grounds referred to in section 84(1) (c) of the Nationality Immigration an Asylum Act 2002 (www.legislation.gov.uk)

[MPH80]

I don't see why you do have a right to appeal - here's the grounds you're allowed to appeal on from the link Vinny provided above:

that the decision is unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights;

So in what way is the decision unlawful under section 6 of the HRA?

The ECO is basically saying 'I don't believe your income claim because I can't see any evidence and you've got £1000 to spare to pay for the ticket'.

So you need to find ways to address that and then reapply.

Even if you agree to cover all their costs (including the ticket) then you'll still need to provide good evidence of your father's income to help the ECO assess his ties to his home country.

M.

[tcpip_helper]

thanks, is there any fees involved with filling appeal these days?

[Amber]

I don't think you are understanding, the decision must be incompatible with the ECHR (Human Rights) for there to be grounds of appeal.

Address the issues in the decision and reapply.

[wpilr_nov12]

with right docs you can reapply next week. with a really smart lawyer you could get appeal outcome in about 6 months. and the outcome could be negative in both cases.

[tcpip_helper]

sorry to annoy you guys again but may i ask one more time whether i can appeal or not, i know it takes long time but if i appeal now i wont be facing the bond scheme which i want to avoid.

thanks

[MPH80]

As we've already said - there do not appear to be grounds for a successful appeal - that doesn't mean you can't try to appeal though.

M.

[peppekalle]

sorry to annoy you guys again but may i ask one more time whether i can appeal or not, i know it takes long time but if i appeal now i wont be facing the bond scheme which i want to avoid.

thanks

I understand you want to save money by not paying the bond.When your parents go back the money will be refunded so you wont loose out.

You are only allowed to appeal if you can prove that it is against your parents or your human right for them to be denied a visa.

There are court fees involved then there are barrister fees which can easily come to more than £3000.Be careful of any barrister who will tell your appeal will be successful.

You will be better off re applying again.

[srivisaN]

Hi,

I am in similar situation, my mother's visitor visa to UK was rejected twice (August 2013 and April 2014). I am putting the reason for rejections, please advice me how to proceed and if I am doing any mistakes while filling the applications please let me know. Both the times they have issue with her financial status in India.

She is not employed and it is difficult to prove that she is has good financial commitments to go back. I was always showing her properties and savings account bank balance.

1st Time Rejection: August 2013
Reason:In your application form you state that you have no monthly income, but that you receive income from friends and family and you have savings, properties and other income. You have submitted a bank book as evidance of your fainancial circumstances from State bank of India showing a closing balance on 25th July 2013 of Rs. 380,291.00. All but Rs. 20,291 of the balance has been entered on your account after 24th July. This does not match your stated income (of Rs. 0 a month) and the depostits are not cinsistent with the history of the account. Your bank statement therefore does not support your claimed income or satisfy me that the money is genuinely yours. I am not satisfied there that you have presented an accurate picture of your economic circumstances
in India which leads me to doubt your intentions in the UK.


2nd Time Rejection: April 2014
Reason: You have declared on your visa application form that you have a monthly income of GBP30000 and GBP8785 from properties and rent together with savings and investments respectively. You have not however provided documentation to show that you can generate an income with this money. I am not satisfied therefore that your financial circumstances are as you have stated, and as a result, I consider that you have failed to show sufficiently strong family, social or economic ties to India

Application form details related to the rejection:
INCOME AND EXPENDITURE

56. DO YOU HAVE SAVINGS, PROPERTIES OR OTHER
INCOME, FOR EXAMPLE FROM STOCKS AND SHARES? YES

57. TOTAL MONTHLY INCOME FROM PROPERTIES AND RENTS
AMOUNT IN GBP(£) 30000 GBP
TOTAL MONTHLY INCOME FROM SAVINGS AND INVESTMENTS
AMOUNT IN GBP(£) 8785 GBP
Both these amounts are her fixed assets (worth of Land and flat and bank account balance) and I have provided the property documents and bank statements, other than this I don't have any proof and surely she is not getting any income on them.

I am worried that she was rejected 2 times already and how it will effect her future applications.

Thanks,
Sri.

[vijir123]

Hi
I am on tier 1 and applied General visitor visa for my aunt (mother's sister) ,since i am sponsering her trip.
In application form under monthly income we have entered around £XXX amount.
But she hasnt submitted any supporting documents from her side.
Actually she has daughters who are employed but these documents we havent submitted while applying visa.
We just submitted letter of consent from her husband.
Now visa got rejected saying that they are not satisfied with the personal and financial circumstances.

now we are planning to re apply her visa with below supporting documents
-Both daughters payslips and bank statements
-Land document on my aunt name
-Property document on my uncle name
-Rental agreement.
- bond papers of finance business

she dont have any bank statements to show as all the income is earned by cash and she is investing it on gold and lending for interest to others (bond papers exists)

Would these documents suffices ??

Please help this is very urgent

[vijir123]

hi anyone

could you please help on above post