Entrepreneur Appeal Hearing Today

[Lola22]

@ Basra

A contract must be clear and precise. It should state the services to be rendered. Both names of the parties, address, price and signature.

The statement "Enough services mention in a contract"? Well, it should be detailed enough but if you mentioned the services in your contract whether in few lines or "enough" details, then it will help your solicitor to argue your case. The word "Enough services" can be arguable.

Basra, the judicial review is a good option for you. The process might take 4 - 12weeks or more. It depends really on the stage you get a favourable result. You just need to pray that your solicitor is good.

Good luck.

[ZFDar]

hi zfdar,
plz let us know what happend after lots of questions? when the objection was dropped, and lots of questions, what was ur solicitors argument?
plz eloborate a little bit more.
what was the outcome?

Only bank letter issue dropped but other objection was still there so UKBA lawyer asked question about my relation to third party, how does he gonna give money, Does he know about my business plan, Is there any deal of interest in giving money. How long have u been planing for that, What exactly is business. He was trying make the point that intentions are only get visa, nothing else...

Judge only considered those question which were related to the refusal points and rest of the questions were ignored by him. He also mentioned that in decision.

Hopefully that helped

[ZFDar]

reason for the refusal is given below--

you have provided a bank letter from dutch bangla bank limited, a statement also, a declaration letter and a validation letter as evidence for third party funding by mr md nurul huda.

the letter from dutch bangla bank limited dated 27 november 2012 in the name of mr md nurul huda does not (as required by the immigration rules):

1) name mr md lutfor rahaman (the appellant)
2) state the contact details of the third party

the third party declaration relating to md nurul huda does not (as required by the immigration rules):

1) contain the appellant's signature.
2) consequently, the legal document relating to mr md nurul huda does not confirm the validity of the appellant's signature because the applicant has not signed the third party declaration.

the letter from dutch bangla bank limited dated 12 december 2012 in the name of mr md intaz ali mollik does not (as required by the immigration rules):

1) name the appellant
2) state the contact details of the third party (mr md intaz ali mollik)

the third party declaration relating to mr md intaz ali mollik does not (as required by the immigration rules):

1) contain the appellant's signature.
2) consequently, the legal document relating to mr md intaz ali mollik does not confirm the validity of the appellant's signature because the applicant has not signed the third party declaration.

in line with paragraph 245DD(I) of the immigration rules, we have not carried out an assessment as detailed in paragraph 245DD(h) of the immigration reles as you application has been refused. we reserve the right to carry out this assessment in any challenge of this decision of the future application for fier 1 (enterprenur).

as a result of the above you have not demonstrated that you meet the requirments of the rules to be awarded points under provision (d) in the first row of table 4 of appendix A.

I think u have the same situation as me... Don't Worry, bank letter issue will be dropped as it doesn't make sense and declaration issue can be address easily by lawyer. just make a new declaration with ur signature on it to present in the court, even though judge will not accept any document after the date of decision on UKBA but ur lawyer have a ground to argue that if u were given a fair chance then u could have provided this letter to UKBA before decision. UKBA lawyer will say that its not UKBA case worker obligation to contact every applicant. There is upper tribunal decision on that issue which is called "Flexibility Policy" and it comes under human rights. Hopefully that would be helpful to u.

[RizKCB]

What does this means?

"in line with paragraph 245DD(I) of the immigration rules, we have not carried out an assessment as detailed in paragraph 245DD(h) of the immigration rules as your application has been refused. we reserve the right to carry out this assessment in any challenge of this decision of the future application for tier 1 (entrepreneur)."

It sounds that they did not call you for interview and refused application before interview. If you challenge their decision then they may call you again for interview for so called Entrepreneur test.

Is it like that?

[Basra]

@Lola22
Thank you for your reply,My solicitor has received a letter from UKBA after 2 weeks of Pre Action Protocol letter,UKBA ask for a authority letter from my solicitor regarding my case dealing and my solicitor has been sent them two weeks ago, what do you think,how long they will take for further reply,,,My solicitor said they are now working on my case,,,let see what they will decide,,,,,,,,,my solicitor said in technically they ask for core services should be provided in contract and i have mentioned core services in my contract,,,they did not ask for clearly detailed services should be mention in contract,,,,,,
so it is good point for arguments,,let see..