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Thomas
Thomas, Lawyer
Category: Immigration Law
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Experience:  UK Lawyer holding practising certficate for England & Wales.
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Thomas Some 2 years ago, a friend of mine fell in love

Resolved Question:

Hi Thomas
Some 2 years ago, a friend of mine fell in love with and married a lady in Thailand. Utilising the services of a visa agent based in Thailand, an application was made to the UK immigration and asylum service for an entry clearance visa for. His wife.
Unfortunately the visa agent made a completely inept and inaccurate application and it was subsequently refused fy the Entry Clearance Officer.
The visa agent then made a completely dubious appeal, citing moral grounds, which as you can imagination was dismissed by the Entry Clearance Manager who upheld the ECO's decision.
The visa agent have now washed their hands of the matter and my friend has applied for a tribunal hearing to appeal the matter.
I have advised my friend that the appeal judge will simply dismiss his appeal on the grounds that the legal requirements were not satisfied on his initial application and that any new evidence brought before the court will not necessarily give the judge reason to find in favour of the appellant as the judge will simply make a decision as to whether the entry clearance officer was legally correct or not in refusing entry clearance for my friends wife based on the initial application. Am I right?, and if so, can we request that the judge set aside the case for review, with new evidence placed before the court, of my friend being able to comply with the legal requirements for the granting of a spousal visa for his wife?
Thanks for any input regarding this matter. Brian
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
It sounds like you are right. Obviously, we are talking only in very general terms here. However, If any original application has omissions of evidence or the evidence that was submitted does not prove the eligibility then you can only produce evidence on appeal which actually existed at the time of the original application.
So, any evidence that did not exist at the time of the original application would not be admissible at court and the appeal judge would not consider them.
Basically, it’s difficult to tell what your friend should do because I don’t know the reasons for rejection but if either (1) they did not meet the eligibility criteria at the date of appeal OR (2) they need evidence which only existed after they applied in order to prove eligibility then they should not appeal.
If the application is a complete mess then chances are that there will be some element of eligibility that can only be proved with evidence not existing at the time of the application, in which case the best thing to do would be to withdraw. The other thing to consider is that out of country appeals take an extremely long time to arrange and this is something to consider.
If he withdraws the appeal then he should instruct a UK based immigration solicitor to prepare a fresh new application. If they are eligible and it’s simply a question of evidencing it then a fresh application will be simplest/quickest way forward.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.
Hi Tom
For your information, my friend did meet the eligibility requirements at the time of appeal, but that information (even though it was supplied to the visa agent), was not provided to the Asylum and Immigration service, either with the initial application, or subsequent appeal. Would that evidence/information be admissible at the appeal tribunal? My guess is not. Do you concur? Regards. Brian
Expert:  Thomas replied 2 years ago.
Hi,
If there was evidence that existed at the time of the application (eg bank statements) but which was simply not provided, then this would be admissable on appeal.
It's only evidence that did not exist at the date of the application which is not admissable.
Basically, he should not be considering appealing unless he is instructing a lawyer to act in the appeal (with counsel). If he does not instruct a solicitor/barrister on appeal then his chances really are not good..
Tom
Customer: replied 2 years ago.
Goes without saying. We will just have to try our best, then.
Thanks for your advice.
Regards.
Brian
Expert:  Thomas replied 2 years ago.
Hi Brian,
You're welcome and good luck.
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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