Deception vs Innocent Mistake 2
Proposition: “BM” is a businesswoman who applied for UK visit visa from Pakistan on the basis that her brother in UK invited her over for a short visit. “BM” enclosed her brother’s sponsorship letter with her application. The British High Commission called the brother in UK and told him they were calling from Abu Dhabi and wanted him to confirm his sponsorship, however, did not categorically mention “BM’s” name. As BM’s brother in the UK had not sponsored anyone from Abu Dhabi; denied the sponsorship. Resultantly “BM” UK visa application was refused and 10 years ban was implemented on the basis that “BM” submitted a forged sponsorship letter.
Advice: “BMs” brother confirmed in a letter when “BM” challenged the decision to refuse her UK visa application and 10 years ban. However the Entry Clearance Manager (ECM) whilst reviewing the decision maintained that the “BM” forged the sponsorship and that the brother should have known his sister was making visit visa application to the UK on his sponsorship. “BM” was not happy with the decision and lodged JR application. The initial permission application was refused by the Upper Tribunal (UT) Judge on paper. “BM” renewed her application and paid more court fee. A Barrister, instructed by “BM’s” solicitor in England, appeared before the UT and permission to bring JR was granted. In due course the UT set a date for trial. A week before the trial Home Office agreed to reconsider the original UK visa application and within 3 months issued visa to “BM”.
Do you intend to challenge a refusal in High Court?
Do you intend to hire visa related legal services in UK?