Hi all,
My refusal letter states:
In April 2011,you made application for Tier General Migrant and PBS.
We have considered your application on behalf of secretary of state and your application has been refused under immigration rules.
A decision has also been made to remove you from UK under section 47 of immigration assylum and nationality act 2006.
In making decision careful consideration given to:
first leave to enter .........may 2006 .......tier 4
further leave to enter ........jan 2008...tier4
further leave to enter......nov 2008.....tier 4
further leave to enter...April 2010.....PSW
In your letter,you submitted salary certificate from your company and letter from tax authority that you have filed tax returns.
I am satisfied that documents were false as i sought to verify them and they were returned as not genuine.
In january 2012(after 7 months of submission of salary certificate and tax letter),british high commission located in home country undertake a visit to company office.The outcome of the visit confirmed that there was no company business with this name and some person with company name is employed somewhere else(like they reached some other person who had no link with the company).
The letter further states,a false document has been submitted in relation to your application and is refused under section 322(1A).
For the above reason,i am also satisfied that you have used deception in this application.
This means that any future application for entry clearance or leave to enter UK you make will be refused under paragraph 320(7B) of immigration rules unless it would breach your rights under the human rights act 1998 o the refugee convention for the following period starting on the date on which you leave uk following this refusal:
1.one year in case of leaving UK voluntarily
2.five year in case of leaving at Govt. expense
3.ten years if we depot or remove you.
Future applications for entry clearance or leave to enter UK will be refused under paragraph 320(7B) if you make application as:
1)spouse under section 281 or 295 (A) of the immigration rule.
2)a fiancee under section 290
3)a spouse of a refugee or person with humanitarian protection under paragraph 352A,352AA,352FA,352FD
or where you were under the age of 18 at the time of UK's most recent breach of UK'S immigration laws.
We tried to verify your earnings from your one of your company against which you provided tax authority letter that you have filed tax returns against this earning.We sought to verify earnings for your claim of points as per standard procedure.The letters were found not to be genuine.
We are therefore unable to include this evidence for claim of points.
We also tried to verify earnings from your respective company and requested IT-2 tax returns as evidence.You provide tax payment vouchers which were not required documents.After that we requested IT-2 Tax returns again but you wrote you are unable to obtain the relevant docs.
Besides,this all other sources of income supplied by you are considered for claim of points but they are not sufficient towards claim of required point.
Right of Appeal:
You are entitled to right of appeal under section 82(1) of nationality,immigration and assylum act 2002 as ammended by immigration,assylum and nationality act 2006.
The appeal must be made on one or more of following grounds:
1.that decision is not in accordance with immigration rules
2.that decision is unlawful if it discriminates against you
3.that decision is unlawful because it is incompatible with your rights under European convention on human rights.
4.That the decision is otherwise not in accordance with the law.
5.that descretion under immigration rules have not been exercised differently.
6.that your removal from Uk as a result of decision would:
a)breach the Uk's obligation under 1951 refugee convention.
b)be incompatible with your rights under European convention human rights
You should not appeal on grounds that do not apply to yourself.You should also give arguments and any supporting evidence which justifies your grounds.
Statement of additional grounds:
-You must now inform us of any grounds why you should stay in this country,why do you want to stay and why you should not be removed from country(any reason not already given).
..................................................................................................................
Though ,i have arranged verification letter from the authority for the document which home office considers not genuine.Besides,home office tried to verify salary certificate after 7 months f issuance of the salary certificate and couldn't verify whereas the company is registered as a private limited company.
In this context ,please advise :
1).can marriage with a british citizen or immigrant secure your legal residence in UK even after 322(1A) and 320(7B)?
2)Can i become dependant of tier 4 applicant in case appeal rejects?
3)can i avail assylum act as our community in our country have certain threats.I didn't need it priorly as i was living in Uk since last 8 years.
4)Can i take the plea on grounds of human rights act?
5)What are the prospects on 322(1A) AND 320(7b) as mentioned.
Any other advise please?
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