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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Can the UKBA use information that has obtained by the GCHQ

Resolved Question:

Can the UKBA use information that has obtained by the GCHQ against me in court? Also, is it lawful to present evidence obtained by entrapment?
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Thomas replied 4 years ago.
Hi

Why do you think they have been spying on you?

Can you provide some more details please?

Tom
Customer: replied 4 years ago.

Dear XXXXX, I know they have been spying on me to build a case for the visa refusal. Otherwise they have no case. I stupidly joined a dating website in April to alleviate some of the boredom I was feeling. I was always in contact with my fiancee on a daily basis. I also regularly send her gifts by courier, phone topups online to her mobile and monthly cash payments. So there is no question about my commitment to my fiancee. The GCHQ will have seen evidence of all this when they looked through my emails and internet transactions. Instead of passing this information to the UKBA, they sent two women after me through the dating website. The first one claimed to be based in Russia and bombarded me with photos and was expressing her undying love for me, even though we had never met! She cut off contact with me when I refused to call her or give her my phone no. The second woman claimed to be UK based, but on some assignment in Nigeria. We exchanged photos and I agreed to meet her for a drink, when she returned to the UK. I then sent her an email where I told her about what was happening with me and my fiancee, but I disguised the story by claiming it was occurring to a friend rather than myself. The next day, the GCHQ locked my email account. Even Yahoo could not open it for a week. After Yahoo restored my email, I never heard from the second woman. For the week that my email was disabled, I could not access the account no emails were being delivered to it. Also, the day after my email account was locked, there was a high level of noise interference on my mobile phone. The GCHQ were eavesdropping on my conversations. They were also tapping into the phones of anybody I contacted that day. It was one of the most bizzare days in my life! I deeply regret joining the online dating website, because I risk losing my fiancee now even though I love her to bits.

Expert:  Thomas replied 4 years ago.
Hi

Has your fiancee applied for her visa yet?

Was it refused? If so, what were the stated reasons?

Tom
Customer: replied 4 years ago.

Yes, she has applied for the fiancee visa and it was refused for the following reasons:


(1) Relationship Requirements - You have stated that you met your sponsor in person on 17 August 2012 and that you last saw your sponsor on 27 August 2012. You have stated that you have regular contact with your sponsor via email and telephone. Having viewed the emails you have submitted and taking into account your Pearson English score, I do not find it credible that you wrote your letter of support yourself. I note that your sponsor was divorced on 31 October 2012 in the Croydon County Court and you have stated that you began dating your sponsor in July 2012, which is four months prior to your sponsor obtaining a divorce. You have provided some photographic evidence of meeting your sponsor in Nigeria and some brief details of your meeting. However, this is the only time you met your sponsor in person. I note that you had an application to visit your sponsor in the UK refused and I also note that your sponsor has made no other trips to Nigeria to visit you. I am therefore not satisfied your relationship with your sponsor is genuine and subsisting or that you intend to live permanently together in the UK. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules (E-ECP.2.6 & 2.10);


 


(2) Financial Requirements - You have stated that you will live in rented accommodation. However, I note that two other people, who are not related to your sponsor, also reside at this property. Given this, I am not satisfied your proposed accommodation will be owned or occupied exclusively by you and your sponsor. I am therefore not satisfied that you will be adequately accommodated without recourse to public funds. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules (E-ECP.3.4).


 

Expert:  Thomas replied 4 years ago.
Hi

Did you submit a house report carried out by a solicitor confirming that the rented accommodation was sufficiently large to house your spouse as well as the others to live there?

Did you instruct a solicitor to prepare the spouse application for you?

Tim
Customer: replied 4 years ago.


Dear XXXXX, the answer is yes to both your questions.

Expert:  Thomas replied 4 years ago.
Hi

Thanks for your patience.

Really, you should refer your questions to the solicitor that you instructed to prepare your application and collate the various supporting documentation.

I have to say that it is unlikely in the extreme that the government has been spying on you and your records. This simply does not happen in cases like yours. You are not a risk to national security.

The further point about the government is that in focusing your energies on this, rather than the immigration application that you have made, you will not change the decision that the UKBA has made on the application.

Your focus should be on the application and the application alone.

You need to ask your solicitor for their opinion on whether they consider you are well placed to appeal the decision and whether you are still in time to do so.

It seems that they have doubts that your marriage is genuine and credible, on the basis of the first point. You need to ask your solicitor if the evidence that you submitted with your application together with your testimony that you would give in the appeal hearing is sufficient for a reasonable chance of being successful. Your solicitor will give you their opinion on this.

The second objection is more difficult. If the two other people who live there are named on the tenancy agreement then it may be difficult to get around. If they are not named on the tenancy agreement and you are then you need to demonstrate what will happen (ie. will they move out) when your wife comes and lives with you. If you are then able to demonstrate that you will live their with your wife alone once she comes then you shodul be okay.

If your solicitor is of the opinion that you are not particularly well placed to appeal then you should ask what their opinion is on gatherting further documentation and submitted another application correcting the deficiencies in the current application.

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Kind regards,


Tom
Customer: replied 4 years ago.

Dear XXXXX, I am disappointed that you are telling me the government has not spied on my records when I know that they have, because I witnessed it first hand. The GCHQ did not even try to hide what they were doing. A few days after I spotted their spying activity, they altered the attachments in an email I sent to my brother, to prove to me that they have spied on me and can do whatever they like under the current system. A few weeks after my experience, the Snowden Files became public. I already spoke to my lawyer about the appeal process. He expected the ECO to change his mind after the additional evidence we provided. The ECO has chosen not to do so because the GCHQ provided him with the details of my presence on the dating websites. That is purely my own fault. I should have been more careful with my internet usage during the "review" period! What I primarily wanted you to tell me is if "evidence" obtained by government spying can be presented at an immigration appeal hearing. You have sidestepped answering that question. Why? Snowden has already made us aware that the government agencies have been spying on us, so why do my claims sound so strange? I know what I witnessed first hand.

Expert:  Thomas replied 4 years ago.
Hi,

The answer, technically, is that only evidence that is in existence at the date you made your application can be submitted on appeal.

If it was then it can be submitted. If it wasn't, it can't.

Beyond that I cannot comment any further on the spying element of your question.

Please remember to rate my answer.

Tom
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