Judicial Review, should i go for it? 10 years ban

[ZainAn91]

Hi all,

Summary:-
Standard Visa Applied (5years): 05-06-2023
Refusal Letter: 26-06-2023
Refusal Reason: Fake documents
PAP sent: 05-07-2023
PAP reconsideration email: 19-07-2023
Date given for consideration: 19-10-2023

I applied for a UK visitor's visa for 5 years which was rejected and i received 10 years bans on the basis i provided them fake bank statement.

Refusal letter only mention these reasons:-
"- You state that you have been employed by XXX as a Senior Consultant since February
2016 years and earn XXXX QAR per month. You have presented a statement purportedly
issued by XXX Bank, with an account number ending 20XX which is in your name
and is dated 01 January 2023. Checks conducted by this office, contained in a DER and
held on file, have concluded to a high degree of certainty that this document is not genuine. I
am satisfied that you have made false representations and submitted a false document in
support of your application. Your application is therefore refused under paragraph 9.7.1 (a)
of Part 9 of the Immigration Rules"

- I am satisfied that you have submitted a false document and that you did so with an intention
to deceive. I have therefore found that you used deception in your application and your
application is therefore refused under paragraph 9.7.2 of Part 9 of the Immigration Rules.

- This means that any future entry clearance applications may also be refused under the
Immigration Rules for a period of up to 10 years depending on the type of application you
make. The period of 10 years starts from the date that the deception was used in this
application for a visa"

Since my right of appeal and administrative review was taken away, I had to go with PAP. I got a verification letter from my bank verifying my bank statement were genuine.

They replied with the following:-
"Thank you for your Pre-Action Protocol (PAP) letter dated 5th July 2023.
The SSHD has reviewed the decision to refuse your client’s entry clearance application and will now proceed to reconsider the matter in the light of the evidence and representations you have made. The Entry Clearance team aims to reconsider your case by 19th October 2023, absent special circumstances"


I'm just worried that might not give me a favorable reply or no reply at all and i will miss the timeline to go for Judicial Review. I'm also afraid that they might come up with new silly excuses to deny my visa.

Can anybody tell me what's the deadline to go for JR, is it 3 months from the date of refusal letter or the PAP reconsideration letter?

And what are my chances of winning?
I'm angry since on the basis which they have rejected my visa are totally false and by putting a 10-year ban on me makes it worse. This will impact me in future while applying for other countries.


Thanks & kind regards,
Zi

[vinny]

21.

Where it is not possible to reply within the proposed time limit, the defendant should send an interim reply and propose a reasonable extension, giving a date by which the defendant expects to respond substantively. Where an extension is sought, reasons should be given and, where required, additional information requested. This will not affect the time limit for making a claim for judicial review ⁷ nor will it bind the claimant where he or she considers this to be unreasonable. However, where the court considers that a subsequent claim is made prematurely it may impose sanctions.

7.

See Civil Procedure Rules, Rule 54.5(1).

This means that the deadline is 3 months from the date of the decision and not from the PAP letter.

If your bank verifies that their letter is genuine, then I think you have great chances of winning.

[ZainAn91]

Hi, thanks for your valuable input.

Do you think it wise to go for the Judicial Review rather than waiting for their new decision?
I believe they might delay the decision and by that time the JR review deadline might have elapsed.

On the other hand, I'm also concerned that if I go for JR review, it might take lot of my time and money. So, I'm really in a dilemma on what should I do

[vinny]

The standard waiting times for a visitor visa application is 3 weeks. Can you ask them why a reconsideration will take them over 3 times longer?

[ZainAn91]

The standard waiting times for a visitor visa application is 3 weeks. Can you ask them why a reconsideration will take them over 3 times longer?

Should I do paid inquiry on the govt.uk website for this or is there a specific email that i can send my inquiry to?
The PAP reply letter doesn't mention on how I should follow up my case.

Thanks & best regards,
Zi

[vinny]

I doubt that the paid enquiry on the govt.uk website will get you very far.

For reference, see also An inspection on learning from immigration litigation

Response to an inspection report on how the Home Office learns from immigration litigation

[ZainAn91]

Hi,

I applied for a visit visa which was refused on the basis that i have provided them fake bank statement (They were genuine). I applied for a PAP which resulted in reconsideration. The result for reconsideration came yesterday and the result was again a refusal and this time with the fake bank statement allegation, they also added that the work contract i provided is also fake which isn't. I have kinda lost faith in everything whether i should pursue it further or not. I have already contacted a lawyer and they have quoted me high fees.

I do want to go for judicial review as these allegations are absolutely false. Given the huge cost of JR i wanted to know what are the chances that i will win it? given that my bank statement and contract are absolutely genuine.

Also, if i win the JR, will i be able to retrieve all the legal cost from Home Office?

Thanks in advance

[vinny]

Alleged false documents.

Administrative Court Judicial Review Guide 2023

costs

[THO]

Hi,

If neither document is fake, how come the HO believes both to be so? Surely they would have contacted your bank and confirmed the statement is genuine, and that the letter you provided too is also genuine.

Same with the work contract.

If I were you, I'd do what I did and do another PAP, stating you want to get the ECO to explain how they reached that conclusion, as if they can't justify it, you will be taking them to court. Who did they confirm their "facts" with and explain why you expect them to tell you this, since your future visa applications to other countries is also subject to having to say you have been refused a visa and why.

You will make them answer for their lack of effort and incompetence in this matter. Go for the jugular. You have nothing to lose and it doesn't have to cost, as if your documents are as genuine as you say, they will need to make more of an effort to confirm them and then they will overturn their decision.

Keep us informed.

[ZainAn91]

Hi,

If neither document is fake, how come the HO believes both to be so? Surely they would have contacted your bank and confirmed the statement is genuine, and that the letter you provided too is also genuine.

Same with the work contract.

If I were you, I'd do what I did and do another PAP, stating you want to get the ECO to explain how they reached that conclusion, as if they can't justify it, you will be taking them to court. Who did they confirm their "facts" with and explain why you expect them to tell you this, since your future visa applications to other countries is also subject to having to say you have been refused a visa and why.

You will make them answer for their lack of effort and incompetence in this matter. Go for the jugular. You have nothing to lose and it doesn't have to cost, as if your documents are as genuine as you say, they will need to make more of an effort to confirm them and then they will overturn their decision.

Keep us informed.

Hi Tho, Thank you for your message. So, I've another chance of doing a PAP? i thought we can only do PAP once and next step is Judicial Review only

I'm extremely depressed, and I'm not able to comprehend how can my documents be possibly not genuine when i know they aren't fake. I wouldn't have even gone for a PAP in the first place if i had an ounce of doubt of my document being fake.

[THO]

Yes, I was not allowed a judicial review or to appeal the decision with my negative reply, but I started a pap, I wrote I realised that the decision says no right to appeal or judicial review, but that I am seeking to put the ECO in court for his negligence, to hold him personally responsible unless they can give me concrete reasons why my wife's MVV was rejected. I told them I would have my solicitor have the courts compel him to be there, unless I got what I wanted.

I listed the evidence provided, and stated the very flimsy reasons why the visa was rejected, i.e. no date stamps on the pictures of us together, but I had sent copies of my passport with entry / exit stamps, and other similar reasons.

What this did was force them to review the situation, and they then overturned the decision, and so we were able to get married in the UK. It took months to do, but now it is done.

THO.