DECEPTION vs INNOCENT MISTAKE

Proposition: “AM” is a businessman who applied for UK visit visa along with his family. AM had visited UK several times in the past. The UK High Commission refused his last application for the reason that he did not disclose a relevant fact i.e. he has had medical treatment in the UK and refused the application under Paragraph V3.6. As a consequence AM was banned for 10 years, that means his UK visa application shall be refused automatically in future for next 10 years. In line with AM’s application, his family was also refused visa.

Advice: After carefully examining AM’s UK visa application form, declarations made therein and personal, social and economic circumstances of AM in Pakistan, UK visa consultants advised him to challenge the refusal, in particular 10 years UK entry ban, for the reason that at best he committed an innocent mistake. For that matter we prepared the pre-action protocol letter and served it on British High Commission. A senior Visa officer who responded to pre-action protocol however concluded that AM was rightly refused. AM was not satisfied with the ECM decision and instructed us to challenge the refusal in High Court in the UK. UK visa consultants contacted one of their affiliated law firms in the UK who prepared the case and filed in Upper Tribunal in London. A few weeks later the Home Office lawyers responded and agreed that the High Commission had made a mistake and they are happy to reconsider AM and his family case should AM agree to withdraw his JR, to which he agreed.

Outcome: The British High Commission contacted AM within 3 months of withdrawal and requested for the family’s passports to be endorsed with visa.

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