Proposition: “SK” is 50 years old housewife who has lived all her life in Pakistan with her family that includes her husband and other children. She applied for visit visa to be with her son and his family (8 weeks) in the UK. “SK” held a sound bank balance for the purpose of the said visit.
“SK” enclosed with the Application the following documents to show to the ECO that she fulfils requirements of the Immigration Rules:
a) Bank statements
b) Bank statement of her husband
c) Marriage certificate
d) National identity card translated in English
e) Sponsor’s following documents;
Tenancy agreement (two bedrooms flat) and
The Sponsorship declaration.
The ECO refused her application and stated in the refusal letter that “SK’s” son in the UK cannot offer suitable accommodation to her from the information provided; the origin of money in the bank account was not clear as “SK” is unemployed; and that the onus is on “SK” to demonstrate that she would comply with the terms and conditions of her visa and will leave the UK at the end of her visa which she failed to do that.
Advice: By looking at the refusal decision and her documents, we advised “SK” to remake the application. However, she wanted to challenge the decision in a JR in Higher court in the UK. “SK’s” son in the UK was adamant to challenge the decision because, “SK” had been refused UK visa twice in the past. A pre-action protocol was served on the ECO. However the ECM, whilst reviewing the decision, maintained the original refusal decision. Subsequently JR was filed in the UK. However, the Upper Tribunal (UT) refused the permission to bring JR application on paper. “SK’s” JR application was then renewed and again the permission was refused at the hearing.
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