Need advise on law I should use in Oral Hearing/Spouse Visa

[hakim2017]

Hi Everyone

I've got my oral hearing coming up in June and I have decided not to use a solicitor and just represent myself. From what I understand I need to provide a skeleton argument where I mention all the relevant case law and statute law .Basically the grounds for appeal. Could you please advise me on the case law and statute law I should use. Is it the Human Rights Act only or should I cite other legislation? and what articles from the Human Rights act should I cite?

The main objection for refusing my wife's visa was that Home Office believes that my Job is not genuine. Even though I provided all 6 months of payslips, in fact I submitted 8 months worth and a P60.

Before they refused my wife's visa they called my boss at my work place. They asked him a series of questions regarding the business and me. Then they asked to speak to me so my boss passed the phone over and the Home Office representative proceeded to ask me the same questions she asked my boss. My answers and my bosses answers matched. But in the refusal letter they then sent a few week later the Home Office claimed that some of my answers didn't match what my boss told them.

They lied the answers did match.

The Home Office does not know that my bosses phone has call recording app so I've got the whole conversation. I've transcribed all 42 minutes of it. Do you think its good if I submit this as part of my evidence?

Any help would be much appreciated.

[CR001]

The Home Office does not know that my bosses phone has call recording app so I've got the whole conversation. I've transcribed all 42 minutes of it. Do you think its good if I submit this as part of my evidence?

Did you have the transcription done by a profession registered company or did you do it yourself? Did you inform HO at the time that the call was being recorded??

[hakim2017]

The Home Office does not know that my bosses phone has call recording app so I've got the whole conversation. I've transcribed all 42 minutes of it. Do you think its good if I submit this as part of my evidence?

Did you have the transcription done by a profession registered company or did you do it yourself? Did you inform HO at the time that the call was being recorded??

I did the transcript myself.

No we didn't inform the Home Office Representative that the call was being recorded because at the time we ourselves did not realise this. We only realised later. My Boss has that app because when he speaks to suppliers he needs to double check things. So it was a complete coincidence. That will hopefully work in my favour.

What do you think?

[CR001]

Do you have the recording and the transcript or only the transcript that you have done?

[hakim2017]

Do you have the recording and the transcript or only the transcript that you have done?

I have both

[CR001]

It will be up to the Judge whether they allow it as you have transcribed it yourself.

On what basis did HO claimed your employment wasn't genuine??

Are you 100% certain that the questions asked to you and your boss were absolutely identical and that they were not worded slightly different asking something slightly different?

[hakim2017]

Do you have the recording and the transcript or only the transcript that you have done?

I have both audio and the transcribed I did of that audio. Should I use them as evidence?
Also would really appreciate it if you could inform me as to what law i should cite in my skeleton argument.

Many Thanks

[CR001]

I don't have experience of appeals as all my applications have been successful.

I will leave others to offer advice on that.

[hakim2017]

It will be up to the Judge whether they allow it as you have transcribed it yourself.

On what basis did HO claimed your employment wasn't genuine??

Are you 100% certain that the questions asked to you and your boss were absolutely identical and that they were not worded slightly different asking something slightly different?

They refused my wifes visa and claimed my job is not genuine based on the following :


'' I am not satisfied that you have met the finacial requirement. Itherefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the immigration rules. (E-ECP.3.1)


and yes the questions asked to my boss and me were the same.

[CR001]

And as a PAYE employer, you met the £18,600pa income (£1550 every month)??

[hakim2017]

And as a PAYE employer, you met the £18,600pa income (£1550 every month)??

Yes I do meet the criteria , as I've mentioned in the original question I provided more than 6months worth of payslips proving this and also a p60.

So don't understand why they refused me on this basis. Do you think I have a strong case?

So to summarise :

1) they refused my wifes visa because they say the answers i gave the Home office representative when they called did not match the the answers my boss gave. I have audio and transcript to prove this wrong.

2) they refused my wifes visa because they claim that i (the sponsor) dont have the finacial requirments, which is also untrue since 6 months worth of payslips were given and a p60.

[Obie]

I have used covert recording in Employment tribunal, but in Immigration tribunal it is not as straightforward. A request for a covert recording of a rough immigration officer have been previously refused to Mr by a judge. He said it was not in the interest of Justice for him to do so, that the individual against whom it was made, need to be here to confirm whether it was them, and that a voice recording expert may need to be employed.

Fortunately for the judge he allowed the appeal.

You may need to file an application with the tribunal and possibly get a summon for the officer. Also copies may need to be provided to parties .

I have noted recently that many Asians applicant's who rely on 2nd Job from a restaurant or take away show are being scrutinised and refused.

[teddy0409]

I am not sure about using the audio recording in the court which was recorded with out the other parties consent as it might go against us at somepointsas breach of privacy. However, We can request a copy of the conversation from Homeoffice and they might provide you one in a format of CD and that could be used in the court. Though I am not familiar with HO call recordings, I have received a CD with conversation from HRMC and from a energy company in the past,
Hope this helps

[vinny]

See also What are the rules on taping phone calls?

Data Protection Act and Call Recording Laws in the UK