Judical Review

[abbasi738]

i have a really straight forward case, all the well documented verifiable facts support my application 100% but the decision maker decided to rely on a single completely misquoted statement from the interview.
I have a 10 years multiple visa which i haven't used in the last 3 years, why do i need a work visa in the first place? if i didn't have any intention to work for XYZ, how do you explain that? i am not related to the employer in any way, i have worked for them before while i was on my work permit, i am well qualified and have substantial work exp, been travelling to uk since 1999, the list goes on and on.
in the interview i told them that we have been intouch, as in once a year usually over new years just to exchange pleasantries, like happy new year or happy holidays etc and the interviewer claimed i said he would offer me the job every year over new years, which was just a completely misquoted statement. The employer has a sponsorship license and certificate. i was just wondering if the home office has the actual recording of the interview?
Furthermore, in the initial refusal, the decision maker said he was not convinced that the employer contacted the applicant without elaborating on the reasoning, hence denying me any opportunity to address the decision makers concerns for the admin review, if only the decision maker had specified his concerns then the I would have had the opportunity to clarify any ambiguities while filling for the administrative review.
The discrimination here is outrageous, they blatantly ignored all facts and just decided on a single completely misquoted statement.
plz advice if i should file the pre action protocal and how would that help, also how should i proceed with the judical review.
regards

[makky86]

i have a really straight forward case, all the well documented verifiable facts support my application 100% but the decision maker decided to rely on a single completely misquoted statement from the interview.
I have a 10 years multiple visa which i haven't used in the last 3 years, why do i need a work visa in the first place? if i didn't have any intention to work for XYZ, how do you explain that? i am not related to the employer in any way, i have worked for them before while i was on my work permit, i am well qualified and have substantial work exp, been travelling to uk since 1999, the list goes on and on.
in the interview i told them that we have been intouch, as in once a year usually over new years just to exchange pleasantries, like happy new year or happy holidays etc and the interviewer claimed i said he would offer me the job every year over new years, which was just a completely misquoted statement. The employer has a sponsorship license and certificate. i was just wondering if the home office has the actual recording of the interview?
Furthermore, in the initial refusal, the decision maker said he was not convinced that the employer contacted the applicant without elaborating on the reasoning, hence denying me any opportunity to address the decision makers concerns for the admin review, if only the decision maker had specified his concerns then the I would have had the opportunity to clarify any ambiguities while filling for the administrative review.
The discrimination here is outrageous, they blatantly ignored all facts and just decided on a single completely misquoted statement.
plz advice if i should file the pre action protocal and how would that help, also how should i proceed with the judical review.
regards

I have no idea what you're trying to ask here.

• Provide your complete immigration history

• Your current UK visa status

• What visa is refused?

[abbasi738]

i had applied for tier 2 general work visa, my sponsor already has sponsorship license and certificate.
brief case history: i have had multiple visit visas, been travelling to uk since 1999, 2 student visas as i graduated from london and then started CA qualification, 2 years post study work and at currently have a 10 years multiple visit visa which i have not used over the last 3 years but is still valid. my work visa was refused which i and my solicitor believe was based on deliberate prejudice as we believe we have a rather straight forward case. all the well documented verifiable facts support my application 100% but the decision maker decided to rely on a single completely misquoted statement from the interview.
why do i need a work visa in the first place? if i didn't have any intention to work for XYZ, since already have a valid visit visa, i am not related to the sponcer in any way, i have worked for the sponsor before while i was on my work permit, i am well qualified and have substantial work exp, been travelling to uk since 1999, the list goes on and on.
Grounds for refusal: the sole bases for refusal was the phone interview by the homeoffice, in the interview i told them that we have been intouch, as in once a year usually over new years night just to exchange pleasantries, like happy new year or happy holidays etc and the interviewer claimed i said he would offer me the job every year over new years, which was just a completely misquoted statement.
Visa refusal and Admin review:[/b ]Furthermore, in the initial refusal, the decision maker said he was not convinced that the employer/sponsor contacted me and offered the job(as in its fake) without elaborating on the reasoning(why does he think so), hence denying me any opportunity to address the decision makers concerns for the admin review after the initial regusal, if only the decision maker had specified his concerns then the I would have had the opportunity to clarify any ambiguities while filling for the administrative review.
Question:
1: does home office has voice recordings of interviews conducted over the phone for tier 2 visas? or is it just written transcripts as in notes taken down by the interviewer
2: I want to let them know we are not just challenging their decision rather their integrity, the fact that they blatantly ignored all facts shows outrageous discrimination, should i challenge the home office decision on facial grounds?
regards

[makky86]

the sole bases for refusal was the phone interview by the homeoffice, in the interview i told them that we have been intouch, as in once a year usually over new years night just to exchange pleasantries, like happy new year or happy holiday

Sorry , but you should not have mentioned it. Why did you say that you exchange gifts with employer. This leads to conclusino that the job has been offered due to above instead of the people are not in the EU required for the job.

interviewer claimed i said he would offer me the job every year over new years, which was just a completely misquoted

I am not entirely sure what you mean by "he" here. Do you mean the interviewer? explain this further.

Furthermore, in the initial refusal, the decision maker said he was not convinced that the employer/sponsor contacted me and offered the job(as in its bad quality) without elaborating on the reasoning(why does he think so), hence denying me any opportunity to address the decision makers concerns for the admin review after the initial regusal, if only the decision maker had specified his concerns then the I would have had the opportunity to clarify any ambiguities while filling for the administrative review.

The purpose of the AR is that home office made a mistake. As per my understanding they didn't make any mistake. The reason of the hire is totally baseless. Your employer should get read for the inspection, probably lead to suspension and if they cannot justify it will lead to revocation.

Does home office has voice recordings of interviews conducted over the phone for tier 2 visas? or is it just written transcripts as in notes taken down by the interviewer

I am not entirely sure. But I don't think so you have valid justification that would lead to approval of your visa with the employer.

2: I want to let them know we are not just challenging their decision rather their integrity, the fact that they blatantly ignored all facts shows outrageous discrimination, should i challenge the home office decision on facial grounds?

Ask your employer to do RLMT again ,assign you COS and you apply again. But I highly doubt it will be approved as the reason of your hire is not justified as per RLMT

[abbasi738]

i think you got me all wrong, we did not exchange any gifts, i stayed intouch with my employer like once a year as you do with your university professors and other employers that you have worked for, i repeat we simply stayed intouch as in once a year and did not i repeat did not exchange any gifts, it was merely a phone call or text saying happy new year.
secondly, the employer has been conducting RMLT for over a year now and could not find anyone suitable for the job, it was a rather complicated job role so after a year of searching they decided to hire someone from abroad.
the interviewer claimed that i told the interviewer that the sponsor offered me the job every year which i did not, the interviewer is completely misquoting me. this was their bases of the refusal something i simply did not say.
Question: does home office has voice recordings of the acutal interview conducted over the phone? or do they just take notes of the interview, the interviewer is simply misquoting me.
regards

[makky86]

i think you got me all wrong, we did not exchange any gifts, i stayed intouch with my employer like once a year as you do with your university professors and other employers that you have worked for, i repeat we simply stayed intouch as in once a year and did not i repeat did not exchange any gifts, it was merely a phone call or text saying happy new year.

Sorry about that. Its just you are writting as text. If you break in separate paragraphs it will make easier to read and understand.

I have never spoken to my universities professors or any former employers.This is not something common in the UK as you might think.

You'd need ot justify why you'd contact your employer unless he is your best friend or relative

secondly, the employer has been conducting RMLT for over a year now and could not find anyone suitable for the job, it was a rather complicated job role so after a year of searching they decided to hire someone from abroad.

In this case I think RLMT should not be issue then.

the interviewer claimed that i told the interviewer that the sponsor offered me the job every year which i did not, the interviewer is completely misquoting me. this was their bases of the refusal something i simply did not say.

I still dont' get it why did you mention that you talk to the employer every year. This is the root cause of your refusal.

does home office has voice recordings of the acutal interview conducted over the phone? or do they just take notes of the interview, the interviewer is simply misquoting me.

This is something you'd need to check with Home office. I am sure they do take notes but not sure about recordings.

But again you did mention during the interview that you talk to employer every year. Even though interviewer is misquoting you but AR was failed as well.

You should hire some reliable solicitor to get you out of this mess now.

[abbasi738]

thankyou for your reply, first of all i explicitly told the interviewer that it was only once a year that doesn't signify anything especially considering it was only on new years, as in happy new year and that was the extent of it, also out of my 2 years on work visa i only worked for the sponsor for 2 months so this should also prove that we are not friends or related.
furthermore, since i already have a 10 years multiple visit visa so why do i need the work visa to begin with? if i had no intention to work for my sponsor, why not just use the visit visa which i haven't used in the last 3 years?
finally and more importantly, in the initial refusal all the decision maker said was that he was not convinced and did not say anything at all about his concerns or even point out why he felt that way so i wasn't given any opportunity to address his concerns, if he had mentioned his concerns in the intial refusal i could have clarified any ambiguities in the AR.

[makky86]

furthermore, since i already have a 10 years multiple visit visa so why do i need the work visa to begin with? if i had no intention to work for my sponsor, why not just use the visit visa which i haven't used in the last 3 years?

Sorry this is not very clear. Visit visa does not allow to work for any one whilst in the UK. You applied for Tier 2, right?

finally and more importantly, in the initial refusal all the decision maker said was that he was not convinced and did not say anything at all about his concerns or even point out why he felt that way so i wasn't given any opportunity to address his concerns, if he had mentioned his concerns in the intial refusal i could have clarified any ambiguities in the AR.

What he was not convicned about??

[abbasi738]

yeah the visit visa doesn't allow you to work that's precisely my point that if i only wanted to visit uk i can do that on my visit visa, since i already have a 10 years multiple visit visa and i haven't been to uk in the last 3 years? why? you only need a work visa if you want to legally work for your sponsor otherwise the visit visa is sufficient.
in the initial refusal all the decision maker said was that he was not convinced no explanation what so ever as to why he wasn't, just that i am not convinced that your sponsor wanted to hire you so we filed AR and then he claimed that i told him in the interview that the sponsor offered me the job every year, which has been completely misquoted now thats what was really frustrating, we could have easily explained while filling for AR that i am being completely misquoted had he explained that in the initial refusal instead of saying " i am not convinced", now we have to explain that in the pre action protocol for judicial review.

[CR001]

Given that we are struggling to understand exactly what you are trying to say, perhaps HO did too.

Can you post the EXACT wording (all of it) of the initial refusal letter, taking out any personal information.

What is the SOC for the job and the job title?


p.s Please space out your paragraphs, your posts are very difficult to read all bunched up together.

[abbasi738]

Hi,
just a quick question, when you file a judicial review, how much consideration does the court give to the PAP letter? i have a very strong PAP letter but i am not sure about my Judicial review application, as some of the very important points have been skipped and barrister kept insisting that since they have already been included in the PAP so it wasn't necessary to include them in the Judicial review application so my question is in terms of percentage how much consideration does the court give to the PAP letter in the judicial review application.
regards

[CR001]

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