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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 875
Experience:  UK Lawyer holding practising certficate for England & Wales.
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A friend of mine made an application

Customer Question

Hello,
A friend of mine made an application for Indefinite Leave to remain, which has been refused with a right to administrative review.
The reason given for refusal is "When you applied for leave to remain in the UK as a Tier 1 (General) Migrant on 28 March 2010, points were claimed under Appendix A of Immigration Rules.... You also claimed self employment and provided a letter from NUFSS LTD in support of this.
However during the prosecution of RV Shahzad Sultan and others at Harrow Crown Court in June 2014 the evidence of genuineness of this company was tested and found that it existed with no genuine trading presence and was founded solely for the purpose of providing false evidence of earnings.
As false documents have been submitted in a previous application, your application for ILR in the UK as a Tier 1 Migrant is refused under Para 322(2) of the Immigration Rules
For the above reasons Secretary of State is satisfied that you have used false representations for the purpose of obtaining a previous variation of leave and she is not prepared to exercise discretion in your favour. Your application is therefore refused under Para 322(2) of the Immigration Rules"
They've stated that his BRP has been retained and destroyed as well (as it isnt valid any longer), and his passport has also been with held.
Now my question is if we can appeal this decision for reconsideration through an administrative review, on the basis that the documents submitted in the previous application we NOT false, as they claim. My friend had genuinely got the documents prepared back in 2010, and had no idea about the false nature of NUFSS LTD, which came to light in 2014. What other measure is there for him to have the decision reconsidered or extend his leave to remain on another basis? He is a close friend of mine, and he has been earning an honest living, to sustain his wife and two kids who are his dependents. I hope someone might be able to help them with this!
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  UK_Lawyer replied 1 year ago.
Hi, thank you for your question, I will be happy to help you today.
Can your friend prove the genuineness of the document in question?
Kind regards
Expert:  UK_Lawyer replied 1 year ago.
Kindly answer my question so I am able to assist you further.
Kind regards
Customer: replied 1 year ago.

Hello,


 


Apologies for not responding. Yes, my friend can prove the genuineness of the document in question. But they have rejected the validity of that document, since the company that put it together for him turned out not to be genuine.


 


He is looking for a barrister in London currently to help him sort things out.


 


Thanks for your time.

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