HOMEOFFICE can prove it or not

[maqeelk84]

hi,
one of my friend visa was refused. the reason is his application came back due to declined of payment, but when he reapplied his visa was expired. after few months homeoffice refused his application and didnt gave a right of appeal. so when he applied for appeal he got a right of appeal. his appeal is in the first week of feb 2014. but there is one more page attached which says, court asked homeoffice to proof how did the payment declined and they have to proof before 14 days of hearing date.
so my question is does homeoffice has got any record of declined payment?
does this appeal means court will ask all the refusal points or they will discuss only why the payment was declined ?
he attached a letter of bank which says there is no payment has been declined in last one year with a appeal papers
PLEASE GUIDE ME
THANKS

[tanvir1985th]

yes they can prove it if they kept the declined copy receipt. but if bank said u that there is no decline in attempting to take payment then may be its home office who put wrong info into their card machine or it might be u who gave wrong info in the application.

[Princess of Ammi]

if the given details were right for HO to take a payments from provided source this case falls in your friend favor before the court as court has already asked HO office to provide the proof if the decline in payment was applicant's fault, however I paste a link below for your friend to understand what is going to happen :

http://www.bailii.org/uk/cases/UKUT/IAC ... nepal.html

[maqeelk84]

i know thaanks...
but if HO cant proof it.. then judge wont discuss the refusal points at the hearing time?

[tanvir1985th]

can u explain me the process of appeal without having a appeal right or did he go for judicial review? thx

[Princess of Ammi]

you at the minute after your right of appeal to lodge an appeal against the refusal.

you would get a right of appeal if you could satisfactorily prove the decline in payment was not your fault, once if this is sorted in your favor following directions from tribunal services you can then lodge an appeal against the refusal.
you lawyer should be able to guide you through it.

[tanvir1985th]

you at the minute after your right of appeal to lodge an appeal against the refusal.

you would get a right of appeal if you could satisfactorily prove the decline in payment was not your fault, once if this is sorted in your favor following directions from tribunal services you can then lodge an appeal against the refusal.
you lawyer should be able to guide you through it.

so basically this is judicial review

[maqeelk84]

Ok. Thanks
Its mean this appeal i have a judicial review and once its approved then i have to lodge another appeal regarding the refusal points?

[razi1234]

Hello
Can u plz ask ur friend the time line of his application. ...
When did his visa expired?

When did he get the home office letter that we can not debit ur fee?

And finally when did he reapply his application to home office?


Plz tell me exact dates..so I can advise u better.thanks......

Because there is a ukba rule that if u are overstayed not more then 28 days u will definitely get right of appeal

[maqeelk84]

well. his visa was expired on31 jan 2012 he applied on 25 jan and his application came back on 5 of feb due to declined payment and then he send it again so thats why HO didnt gave him 3C

[razi1234]

hi makeel 84

u have not provided complete answer..

visa expired-----31 jan 2012
allpied 1st time-----25 jan2012
application returned from ukba due to payment issue------5 feb 2012

important thing is what date he sent his application again to them with correct fee---????????


secondly r u sure this is year 2012 or 2013????

[maqeelk84]

he reapplied on 6feb 2013
sorry its 2013 not 2012

[razi1234]

he reapplied on 6feb 2013
sorry its 2013 not 2012

i cant believe it that ,after visa expiration if we apply within 28 days ,home office gives right of appeal ,because appliaction dont consider as overstayer if applied within 28 days,,in ur case he applied within 28 days,why did he not get right of appeal..

[maqeelk84]

well i dont know they said as your visa is expired you will become overstayer... so thats why they didnt gave him a right of appeal...

[quantum1]

he reapplied on 6feb 2013
sorry its 2013 not 2012

i cant believe it that ,after visa expiration if we apply within 28 days ,home office gives right of appeal ,because appliaction dont consider as overstayer if applied within 28 days,,in ur case he applied within 28 days,why did he not get right of appeal..

Not correct. HO will not give you right of appeal even if you apply within 28 days. They will consider your application, but you are not covered by section 3C