Philippines brother-in-law refused visa

[matt_the_drummer]

The Decision

You have applied to visit your sister for a period of 5 months. I acknowledge the importance of maintaining family ties and have given your application careful consideration.

You have stated that you are employed as a welder/fabricator with XYZ Construction. You have submitted a certificate of employment to this effect. However, I note that the certificate does not permit you leave. Routine enquiries were made with your employer to confirm leave arrangements. However, your employer confirmed that you have not requested leave but have instead stated your intention to resign once you have secured your visa in order to seek work abroad. Given this information, I am satisfied to a higher degree of probability that you have falsely misrepresented your employment circumstances in the Philippines and your intentions in travelling to the UK.

In light of the above, I refuse you under paragraph 320 (7a) of the Immigration Rules.

Your deliberate withholding of facts pertinent to your application undermines your credibility to the extent that I am not satisfied that you are being truthful about your intentions in travelling to and departing the UK.

I am therefore not satisfied on a balance of probabilities that you meet the requirements of paragraph 41 (i) and (ii) of the Immigration Rules.

You should note that because this application for entry clearance has been refused under paragraph 320(7A) of the Immigration Rules, any future applications may also be refused under paragraph 320 (7B) of the Immigration Rules. A refusal under paragraph 7(B) of the immigration Rules attracts an automatic refusal period of up to 10 years. The period starts from the date of the previous event in which the deception or submission of falsified documents or information was employed.

I have therefore 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 United Kingdom Immigration Rules.

Your right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002.

[matt_the_drummer]

Hi,

Hope you experts can help.

First question: my brother-in-law isn’t banned for 10 years is he?

Second question: Can we appeal, or get an Administrative Review?

Thanks,
Matthew

[Mr Rusty]

First question: my brother-in-law isn’t banned for 10 years is he?
Oh yes he is. Effectively if he applied again he would be automatically refused under Para 320 7 B on the grounds that he had used deception in a previous application and this would then trigger the ban.

Second question: Can we appeal, or get an Administrative Review?
His appeal rights will have been detailed in the refusal papers. Although applying as a Family Visitor, his only appeal rights (unless he applied before 25th June this year) are on Human Rights grounds (difficult to see what those would be).

http://www.ukba.homeoffice.gov.uk/visas ... y/appeals/

You could ask the Entry Clearance Manager in Manila for a review of the decision, adducing whatever grounds you think are appropriate, but unless there's clearly been a mistake I wouldn't expect a change.

If you mean Judicial Review in the High Court, forget it. You could go and see an Immigration Solicitor or OISC advisor, but beware the many who say they will take your case and relieve you of several hundred quid when in truth the case has no chance of success.

Others may disagree, but your b-in-law's dream of getting himself to the UK for whatever purpose looks like a dead duck to me.

[matt_the_drummer]

First question: my brother-in-law isn’t banned for 10 years is he?
Oh yes he is. Effectively if he applied again he would be automatically refused under Para 320 7 B on the grounds that he had used deception in a previous application and this would then trigger the ban.

Second question: Can we appeal, or get an Administrative Review?
His appeal rights will have been detailed in the refusal papers. Although applying as a Family Visitor, his only appeal rights (unless he applied before 25th June this year) are on Human Rights grounds (difficult to see what those would be).

http://www.ukba.homeoffice.gov.uk/visas ... y/appeals/

You could ask the Entry Clearance Manager in Manila for a review of the decision, adducing whatever grounds you think are appropriate, but unless there's clearly been a mistake I wouldn't expect a change.

If you mean Judicial Review in the High Court, forget it. You could go and see an Immigration Solicitor or OISC advisor, but beware the many who say they will take your case and relieve you of several hundred quid when in truth the case has no chance of success.

Others may disagree, but your b-in-law's dream of getting himself to the UK for whatever purpose looks like a dead duck to me.

Thanks for your help.

My brother-in-law is visiting me, my wife (his sis) and our daughter for a holiday. His parents have been visiting us from the Philippines for the last three years without issue, so it’s his turn for a trip to London.

When they called his employer, his boss had a complete mental melt-down on the phone (thought they were asking about another employee). Anyway the boss will now supply a letter explaining his mistakes.

Is asking for a review of the decision is a bit too much? I was thinking we should ask for a review of the 320(7a), try to get that removed and then reapply.

[vinny]

It may help if his employer does confirm that he was confusing your brother-in-law with another employee.

Do they have similar names and date of births, etc.?

[Mr Rusty]

It may help if his employer does confirm that he was confusing your brother-in-law with another employee.

Do they have similar names and date of births, etc.?

Good question. And the employer had two people wanting to go at the same time, did he? Hm. Big company is it?

Sorry to raise a sceptical note, but don't expect them to roll over when you change your story. It's worth a try, though.

[vinny]

Indeed, does his employer have a credible explanation that makes sense? As Judge Judy likes to say "If it doesn't make sense, it's probably not true".

[matt_the_drummer]

It may help if his employer does confirm that he was confusing your brother-in-law with another employee.

Do they have similar names and date of births, etc.?

Christ-only-knows what my brother's employer was thinking when they called. I think he took the conversation completely out of context and just rattled away down the phone.

Employer will explain all in letter.

[matt_the_drummer]

First question: my brother-in-law isn’t banned for 10 years is he?
Oh yes he is. Effectively if he applied again he would be automatically refused under Para 320 7 B on the grounds that he had used deception in a previous application and this would then trigger the ban.

I don't understand why they wait for the next application to ban him for ten years?

The wording sounds like 'your next application *might* be refused under 320(7b), and THEN we will ban you for 10 years'.

I spoke to an immigration solicitor and he said he isn't banned. You only get a 10 year ban for a 320(7b) which relates to forged documents. My brother-in-law is only 320(7a).

[vinny]

Unfortunately, the immigration solicitor is sadly mistaken. A refusal under 320(7A) automatically attracts a future 10 year ban under 320(7B), unless exempted.

[Amber]

Indeed, practising deception includes but it not limited to using forged documents.

[matt_the_drummer]

It turns out my brother-in-laws employer didn’t go nuts on the phone. The initial questions put to him were designed to trip (when did he apply for indefinite leave, etc.) but the employer reiterated that it was a six month holiday. However the employer mentioned my bro-in-laws work application to a different country, and how he would only resign if that application was successful. This was leapt upon and used to deny entry.

So I and the employer wrote to them. We accepted the refusal, but requested they reviewed the 320(7a). The ECM conceded under paragraph 320(7a).

It’s always worth writing a letter

[Obie]

In these circumstances, you should seek Judicial Review.

In the absence of an employer actually providing a resignition letter signed by your brother, it will be his word against your brothers, and with a backing from the employer, it will be both of their word against the ECO.

Did they not give him an opportunity to clarify?

This is not a clear cut case, and in these circumstances, something more than balance of probabilities will be required, to take sure harsh measure, as a 10 years ban, when it could only be a misunderstanding.

If the decision does not confer a right of appeal, then a JR will be the most appropriate course, as 10 years ban is long.

You brother could have potential problems going to other countries, especially if he acted honestly throughout and did not do anything wrong.

[matt_the_drummer]

In these circumstances, you should seek Judicial Review.

In the absence of an employer actually providing a resignition letter signed by your brother, it will be his word against your brothers, and with a backing from the employer, it will be both of their word against the ECO.

Did they not give him an opportunity to clarify?

This is not a clear cut case, and in these circumstances, something more than balance of probabilities will be required, to take sure harsh measure, as a 10 years ban, when it could only be a misunderstanding.

If the decision does not confer a right of appeal, then a JR will be the most appropriate course, as 10 years ban is long.

You brother could have potential problems going to other countries, especially if he acted honestly throughout and did not do anything wrong.

The 320(7a) has been conceded now, so no more 10 year ban.

We just want to make a fresh application with a clean sheet.

[mattberry]

Hi,

How did you get it conceded?? What's the procedure? I apply for a visit visa and was told that I am not an employee of a bank, I am working in for last 35 years.. Not sure, what went wrong but I am still currently working in the same bank and I have all the letters and stuff from the bank.. I would like to appeal, just not sure on what is the procedure..? Can someone please help? Thanks.