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EC REFUSAL APPEAL GROUNDS

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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scholarshk
Junior Member
Posts: 68
Joined: Mon Oct 29, 2007 5:17 pm

EC REFUSAL APPEAL GROUNDS

Post by scholarshk » Thu Nov 22, 2007 3:02 pm

Hi,

A member of this forum needs advice regarding appeal for his refusal.

Please, if anyone in the entire forum has ANY experience of entry clearance refusal appeal, please post here.

Esp. the question is which GROUNDS (human rights, race, asylum etc ?) should one select if ECO refused on the basis of employment docs not being genuine.

Regards,

SHK

VictoriaS
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Posts: 1759
Joined: Wed Jan 24, 2007 4:16 pm

Post by VictoriaS » Thu Nov 22, 2007 3:11 pm

It may well be easier if you post the refusal statement...


Victoria
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scholarshk
Junior Member
Posts: 68
Joined: Mon Oct 29, 2007 5:17 pm

Refusal statement

Post by scholarshk » Thu Nov 22, 2007 4:44 pm

Hi Victoria,

I just read that you are an immigration consultant, probably most suitable for help.

Actually, no one was providing any good help to Mr. Waheed and I also could'nt find anything relevant on the forums, so I thought I write on his behalf. Who knows, maybe one has to face the same case some day.

Anyways, here's what he posted:
--------------------------------------
Entry Clearance refused on grounds that salary certificate, salary slips , employment reference are not genuine and cannot be verified from the employer.

Actual text:

You have submitted monthly salary certificates, wage slips and an employement reference, which are not genuine, this has been confirmed as such through enquiries with (--------employer). Whilst I am satisfied that you have been employed by this company the information contained in the documents presented is false. I am satified that you were aware of this when you submitted your application and therefore your application falls for refusal under section 135A (i), 135 HA (ii) and 320 (15) (21) of HC 395.

Quote:
Clause 135A(i)
The applicany must produce a valid document issued by the home office confirming that he meets, at the time of the issue of that document, the criteria specified by the secretary of teh state for entry to United kingdom Under Highly Skilled migrant programme

for this clause 135A(i) I have attaced the Origunal HSMP aproval letter and they have returned it back.

Quote:
Clause 135HA(11)
The immigration Officer for the Secretary of State has cause to doubt the genuineness of any dcument submitted by the applicant and having taken resonable steps to verify the document, has been unable to verify that it is genuine.

Quote:
Additionally your application falls to be refused under paragraph 320 of HC 395 specifically
(15) whether or not to the holders knowledge , the making of false represenrtaions or failure to disclose any material fact for the purpose of obtaing an immigration employment document
(21)Whether or not to the applicants knowledge , the submission of a false document in support of an application.

They have kept his salary certificates, wage slips and employement refernce letter from the employer.
------------------------------------------

The main thing what I'm curious while studying a little bit about refusal appeals that one has to select the GROUND of appeal (e.g. human rights, beloved, assylum etc.). SO, which grounds should Mr. Waheed choose.

Kindly reply because he has less time.

Regards,

SHK

VictoriaS
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Posts: 1759
Joined: Wed Jan 24, 2007 4:16 pm

Post by VictoriaS » Thu Nov 22, 2007 6:52 pm

Well, the first thing is why do they think his pay slips are false? Did someone call his employers? He needs to find out what was said, and why the employer (if they really did) tell the ECO that the salary was different.

What other supporting documentation did he send?

If you'd like to discuss this in detail, my e-mail address is victoria.sharkey@medivisas.com and I'd be happy to help.

Victoria
Going..going...gone!

waheed
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Posts: 128
Joined: Sat Jul 21, 2007 5:43 am
Location: London
Mood:
United Kingdom

Post by waheed » Fri Nov 23, 2007 1:28 pm

Dear VictoriaS

I have emailed you.

They have not contacted me employer and are saying that they verified all this by enquiries through my employer.


In my intitial HSMP approval they refused me saying that employer cannot be contacted , I went for review they again said that employer cannot be contacted, I didn't went for the 2nd review and was time barred. After passing the time of the 2nd review my friend ask me to write a detailed Letter to the Home Office about the unjustice , I did explaing all and I got the HSMP approval letter ( I was not expecting as it was time barred)


But in this case (EC refusal) case they are saying that they have contacted my employer, my empoyer is saying that they have not contacted.

They have only called by bank for the finnacial verification.and it was done Ok


Me in a perplex/confusion.



Regards


Waheed.

scholarshk
Junior Member
Posts: 68
Joined: Mon Oct 29, 2007 5:17 pm

Grounds

Post by scholarshk » Fri Nov 23, 2007 6:25 pm

Dear VictoriaS,

My question again arises as the name of topic suggests, that what Grounds should the applicant choose if he is right and BHC is wrong.

I am asking a simple question.

Regards,

SHK

inulin
Newly Registered
Posts: 4
Joined: Fri Nov 23, 2007 6:39 pm

Similarily need help

Post by inulin » Fri Nov 23, 2007 7:35 pm

Hello Everyone,

My case is somewhat similar and need help for my refual appeal.

To the point, here's what is mentioned on my letter:

In assessing your application I am not satisfied that you meet all the requirements of 135A of HC 395.
----------------------------------------------------------------------------------
Because:

You have submitted an employment reference from XXXX company that the British High Commission has been unable to verify as genuine. We called the company, searched relevant business directories such as PTCL etc but we are unable to verify that the company existed. Furthermore, when we spoke to you directly you could not tell us anything substantial about the company. Your application falls for refusal under paragraph 135HS(ii) of HC395.
----------------------------------------------------------------------------------
If you decide to appeal against the refusal of your application, the decision will be reviewed in conjunction with your grounds for appeal. If you have any additional documentation which addresses the reasons for refusal, you are strongly advised to submit it with your notice of appeal, as it may be possible to resolve the points at issue without the necessity for an appeal hearing.
----------------------------------------------------------------------------------
I therefore refuse your application.

You are entitled to appeal this decision under section ...... ..... ..... on one or more of the following grounds:

-That the decision is not in accordance with the immigration Rules;
-That the decision is unlawful because it racially discriminates against you;
-.... - .... - .... should have been exercised differently.
---------------------------------------------------------------------------------------------------------------

So,...The above are the important points that are worth writing on as is basis.

I can't believe that they did not find a complete company, and they are challenging its existance ! which is already without a doubt approved by Home office during HSMP assessment.

Already much has been written about the foolishness of the Visa section, so no need for me to mention again.

What mistake I did make was that regarding my Employment and Finanaces, I only attached fresh signed letter from Employer, 6 months payslips and a letter from Bank that I have xxx lakh balance. Didnot submit tax returns or bank statement as I thought they were only needed for HSMP application.

Here's the whole story:

The lady ECO called me in 2nd half and took a 5 minute interview, questioned me rudely like I was in a trial for murder. First of all that foolish lady was asking how am I working in my industry when I have M.Sc in xxxx subject and she was arguing that only xxxx degree holders can work here, however I explained her very calmly. Then she asked me a question from my subject (as if I am in a job interview). I answered correctly & also argued that this is not a job interview than that rude lady defended that I can have much difficult interview than this. She asked me why I have submitted only employer letter and 6 month salary slips, so I said that this is all what is required & mentioned in VAF2 guidance notes.

2 or 3 times she psychologically confused me by threatening that my visa can be refused. She claimed that my employer factory doesnot exist, I told her that she can send anyone she likes to see with own eyes.
She asked me many questions that who is owner of company, how many and who are the owner's partners, is it registered, how much tax is paid, etc. I answered all calmly and correctly except that I said that I don't know how much tax is paid.
She was mistaking that I have a super high fi post in the company and that I should know how much tax is paid by company, I explained that I am Incharge and not manager (I am still under 28 :? ).
She again asked me does my company pay tax, I said yes, how much I don'nt know.

Next day on 15th Nov. morning, she again called only for 1 minute and confirmed that I have submitted a bank letter and not submitted bank statements, I confirmed that I only submitted the letter and not statements. (she did not ask me why)

No calls after that, I came to know from Head office that no calls from BHC were received. Only the call near to timings of my first call, they said it was from a lady claiming to be from PTCL Islamabad and confirmed that the number is residential or commercial !

So ... what chances do I have for an appeal to this foolishness and on what "Grounds" ?

That rude lady ECO till the whole time I think, was trying to refuse me. I think they are also getting commision same as traffic police for challan.
She even wrote 14 Nov date in refusal letter however the last called me on 15 Novemeber.

They have kept my employer reference letter and my bank letter. Did not bother to inform what they have retained.

Think this much info is enough.

When she asked me about Tax, I thought she'll verify the employer's NTN. But to my most astonishment, those fool(s) did not check the Govt.'s CBR online website for NTN. It clearly shows my company name, address etc. clearly.

Regards to all and request for help.

waheed
Member
Posts: 128
Joined: Sat Jul 21, 2007 5:43 am
Location: London
Mood:
United Kingdom

Post by waheed » Sun Nov 25, 2007 5:07 am

Moderators,Senior Members, Appeal Specialists

Where are you , plz help us in making the the groung of appeals.

Regards



Waheed

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