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PAP Letter drafting - help

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TRKC
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PAP letter filling for Visit visa refusal - basic question

Post by TRKC » Mon Jun 03, 2024 1:55 pm

Hi there, My aunt, her husband and her son (over 18) applied for a visit visa from Sri Lanka which was refused. We are considering sending a PAP letter to the HO as we believe that we have grounds to challenge the decision. I wanted to know if they should send one PAP letter for all three of them, detailing the grounds that they intend to challenge the HO on or if they need to send 3 separate letters. The reason for the query is that I have seen on the forum where one letter has been used for a couple. furthermore, would it be better from the HO's point of view to look at all three requests in one document?
Any advise is greatly appreciated!

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Ticktack
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Re: PAP letter filling for Visit visa refusal - basic question

Post by Ticktack » Mon Jun 03, 2024 3:18 pm

TRKC wrote:
Mon Jun 03, 2024 1:55 pm
Hi there, My aunt, her husband and her son (over 18) applied for a visit visa from Sri Lanka which was refused. We are considering sending a PAP letter to the HO as we believe that we have grounds to challenge the decision. I wanted to know if they should send one PAP letter for all three of them, detailing the grounds that they intend to challenge the HO on or if they need to send 3 separate letters. The reason for the query is that I have seen on the forum where one letter has been used for a couple. furthermore, would it be better from the HO's point of view to look at all three requests in one document?
Any advise is greatly appreciated!
Yeah you can do that. I reckon they all applied together, so one size should fit all.
No sin in failing, you just have to try and try again!

TRKC
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Re: PAP letter filling for Visit visa refusal - basic question

Post by TRKC » Tue Jun 04, 2024 7:52 pm

Thank you for your response!

TRKC
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PAP Letter drafting - help

Post by TRKC » Fri Jun 07, 2024 1:02 pm

Hi there, as mentioned in a previous post, we are intending to challenge the visit visa refusal of my aunt, her husband and her son through a PAP. We have not consulted layers yet (and may not be doing so at the PAP stage – as many have advised on this board that you could send a PAP on your own), but we are challenging the decision of the ECO on the grounds of irrationality.

What I want to know is, does the ground have to be the same when it comes to the JR action and the PAP? (for ex, if the lawyers advise us when filing the JR that there is a ground for illegality, could illegality also be included in the JR action together with irrationality, as we only mentioned irrationality in the PAP?) Also, do we need to include case law? We have directed the sections we dispute to the immigration rules and the ECO guidelines in the PAP but not to specific case law (ex: Wednesbury for unreasonableness).

Any guidance in this regard would be greatly appreciated!

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Re: PAP Letter drafting - help

Post by CR001 » Fri Jun 07, 2024 1:28 pm

What were the reasons for refusal and what do you believe are the grounds to challenge the refusal?
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TRKC
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Re: PAP Letter drafting - help

Post by TRKC » Sat Jun 08, 2024 11:31 pm

In all three cases, the ECO had not considered all the evidence provided.

My father was sponsoring them (his sister, her husband and their son). To show that he was willing and able to sponsor them, he transferred £1000 each to their accounts to be used for any expense related to the visit and for spending when they are in UK. They mentioned this in each application, each of their cover letters and the sponsorship letter my father provided.

My aunt had provided a bank statement showing this deposit, but her visa was refused stating the balance of this account had dropped too low in a previous month. But she had also provided evidence of separate savings in fixed deposits in her name of around £8000 held for over a year. This savings amount was also mentioned in the visa application.

My uncle had also provided bank statements to show his savings and the £1000 my father transferred. His visa was refused stating that deposits to this account do not reflect his stated income (which is untrue, the statements show credits each month matching the stated income in the application) and that there was a large deposit before applying for the visa (this is the £1000 my father transferred) for which the ECO claims that there is no explanation or source. Again, this was mentioned in the application, his cover letter, my father's letter and my father also provided a receipt from the money transfer service 'wise'.

For both their cases the ECO mentions the lack of any dependents in the home country in conjunction with the financial reasons above etc. To show ties to their home country, they showed assets (deed and valuation report) worth around £100,000. Neither of them have any adverse immigration record, my aunt had travelled to Germany a few years ago, and my uncle had travelled to Japan and South Korea.

In my cousin's case, the ECO says they note he has close to £2000 in his account but it's not feasible for him to spend the amount he has stated in the visa application (£1000) because it would deplete his savings too much. In his application, he mentioned he plans to spend £1000, which was given to him by his uncle. Again to evidence this, my father provided a money transfer receipt and mentioned it in his letter. My cousin explicitly mentioned this in the additional details section of the application and in his cover letter.

So this is why we are challenging the decision as it seems the ECO has simply ignored the evidence we provided and the information given in the application itself. I feel there's nothing we can rectify to re-apply.

Any advise/guidance on this is greatly appreciated.

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Re: PAP Letter drafting - help

Post by Ticktack » Mon Jun 10, 2024 3:50 pm

If I can be truthful, transferring that money to everyone to supposedly help with the visa was the first mistake.

Not sure you PAP would fly, but you can try.

Your cousin also mentioned that he would be spending £1K in the UK. That's a lot of money. Regardless of the fact that it's a gift. There's a cost of living crisis. We don't spend that much here unless you're paying bills. For you to spend that much, you must be a very high earner, which he's not.

I don't see it scaling through, you should have asked questions before you made the application(s).
No sin in failing, you just have to try and try again!

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