Deception and 10 Years My Friend hearing update

[hammad1224]

Dear All,

As I mentioned before in my posts about my friend that he was trapped in the deception. Just want to give you update about his hearing.

You can read the detailed facts in my previous post. In short his bank account was closed by the bank without notifying him and HO made inquiry after. Now he has received some letters and the emails from the bank HQ confirming the genuineness of his bank account and the copy of the pay order which bank paid him after they closed his bank account.

Before the hearing the Barrister told him that he wish to adjourn the hearing [due to insufficient evidence and he said that if he proceed with the hearing most likely the appeal would be dismissed] to buy more time for 10 years and would request HO to again verify the account based on the new evidence provided.

The Judge was convinced that there is a problem going on with the bank and he adjourned the hearing till mid September 2014. His 10 year will be completed in December 2014.

The barrister told him that HO will again confirm and hopefully come up with the positive report and may waive or withdraw the application. If not, we will contest it in the next hearing.

The question which my friend asked me that if there is a deception, he cannot apply ILR so what is the point of 10 years?

Gurus, can someone still apply discretionary leave if he is in the UK lawfully for 10 years and deception is on his shoulders [in case something goes wrong, finger crossed].

[Olasunkanmi]

@ hammad1224, it will be better for your friend to wait till the appeal is concluded before submitting his ILR so that he will be able to clear the deception accusation.

From what you stated, the bank gave your friend a letter explaining the problem that led to the account being closed, so it mean the appeal is very likely to be allowed by the judge.

If i may ask, why did the barrister ask HO to consider new evidence when the account has been confirmed genuine by the bank letter and the account has been closed. I think the most important point is to prove that the account wasn't a fake as there is nothing for HO to verify because the account is already closed.

[hammad1224]

Thanks Olasunkanmi for your response.

The reason his barrister want his hearing adjourned because he said that he has weak evidence he must ask the bank to provide the direct letter to HO explaining the situation. At the moment his current bank letters says that he had the account with the bank and confirmed the money in his account before closure.

He is currently doing his best to take the letter from the bank as his solicitor has told him.

Can he apply for discretionary leave based on 10 years in the UK in case the decision goes against him? What are his options in case the appeal is dismissed?

[Olasunkanmi]

@ hammad1224, if the bank issue the letter to confirm that the account is genuine, then 100% guarantee that he will win the appeal.

The only option for him now is to first fight and win the appeal.