Post
by searching » Sun Apr 25, 2010 12:46 pm
THIS WAS MY SKELETON ARGUMENT
SKELETON ARGUMENT
1.Reasons for rejection under 320 (7a) of immigration rules.
While applying for the visa to UK Immigration,I had found myself in a lot stress due to the fact that i was unable to be with my daughter. During this time,i attempted to get in touch with her through all means.I had been pressurised by the baby mother,as she was demanding huge amounts of money through emails, which evidence had been provided with the previous documents.(her emails) This led on to me having depression, going to the doctors and having counselling sessions.Due to my mental depression i was unaware that the driving offence was vital for me to mention for this visa, which i sincerely apologise to.I hope this is taken into account and you can reconsider the reason i have given for not mentioning the offence,I will not jeopardise anything that will stop me from seeing my daughter.
2.Rejected under 41(1)(2)(6)(7) of immigration rules.
The documents ive provided are genuine, As i am employed as a business manager and if immigration officer was not satisfied than they could have contacted my employer and had the status of my employment confirmed but my employer was never contacted.So in my appeal i am providing a sworn statement from my employer stating the details of my employment
3.Rejected under 41(6) of immigration rules.
Yes i was earning Rupees 60,000 per month for the first 3 months.Than recieving a pay rise of Rupees 8000 making the total to Rupees 68,000 per month being paid into my bank account.Which can be confirmed from the bank statement provided with my visa application form.so i am also sending you my up-to-date bank statement which shows my wages being paid into my bank account on the first of every month.( unless the 1st dont fall on the weekend or a public holiday)
The other deposits in my bank account are from a sale of a car which was a gift from my family on my return to pakistan after almost 8 years.I've attached the photocopy of the cheque which was paid to the Suzuki car dealers for the purchase of the car in my mother's name, mrs Neelam Tariq.Along with a photocopy of the bankers draft payable to my mother, Mrs Neelam Tariq for the sale of that car.The money was transfered into my account after wards. The rest of the deposits are also gifts from distant family.
4.Rejection under 41(1)(2) of the immigration rules.
In my appeal, Ive provided my fathers tax returns of 2009 and my uncle's tax returns of 2008, who is my fathers business partner aswell.I've attached the property documents which is in my mother's name.I've also attached my attested and translated family tree.ive attached the land documents which is owned by me in Pakistan.I hope this evidence can prove my family ties,assets,social and economic ties in Pakistan.
Ending statement:
I was within my Visa status throughout the 8 years of my stay in United Kingdom(never over stayed).I was advised by Solicitors during the stay in UK to apply under access to a child resident in UK, but i respected the Law by coming back to Pakistan and re apply for a Visa.
I understand my driving offence that had not been mentioned led to my visa rejected under 320 (7a) and this will result in 10 years bann if re applied. (under 320 (7b).
I request my previous immigration history should be considered and that will prove my credibility for this visa appeal and my clear intentions.
The refusal of visa is unlawful because incompatible with the Convention right to respect for my family life guaranteed by sections 2, 3 and 6 of and article 8 in Schedule 1 to the Human Rights Act 1998. I believe this is a clear violation of my daughter's and my human rights under article 8 of E.C.H.R. By denying me the visa the respectable immigration officer has breached Article 13 of the European Convention of Human Rights. Article 13 of the ECHR says:
"Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."
My daughter is of multiple faith (muslim and hindu) and she was born without a legal marrage in place which has made it impossible for her to ever come to a country like Pakistan.And the realationship between me and the baby mother is not the type that she would be willing to allow my daughter to visit me in Pakistan.
And than on my future visa applications, i could face a bann for 10 years under 320(7b) of the immigration rules.Which means i will not be able to see my daughter for 10 years.I believe this very unfair to me and my daughter.
If i am not alloud a visa than i may never be able to see my daughter again.
I am unable to pursue my contact order proceedings from Pakistan.Thats why my court hearing which was due on the 5th of january 2010 was dismissed because i was unable to to attend,due to no visa. Which is a clear breach of article 6 of human rights of 1998.(right to a fair trial)
Respectable judge:
If, I have satisfied the respectable judge, by defending the decision made by the Immigration officer, giving the clear statements mentioned above, I would be a grateful father to see my little princess.
I plead for you not to let this offence effect my child’s present and future.Missing out on my child’s birthdays and a regular contact can disrupt the attachment which could impact on her well being.I would like to play an important role as a father in my child’s life,but it will not be possible if i am banned on all my futre visa application for 10 years if i apply again for a UK visa.
I request this matter should be looked at compassionately or on the grounds of the exemption provided for in 320(7C), On the grounds that i am obtaining the Entry Clearance inorder to proceed with legal action, which will enable access to a child Lawfully resident in the UK, and hence the consequence of a breach in 320 7A of immigration rules should be exempted on grounds of 320 7C of immigration rules.
I plead with the honourable Judge to grant me the visa so I can reunite with my daughter and be a supportive and loving father.
case ref: Huang v. Secretary of State for the Home Department.
