Visitor visa refused - Taking UKVI to the court

[feri_2017]

Hi guys,

Today I got an email from British Embassy in Abu Dhabi that my father's visitor visa was refused!
I am a British citizen and been living in the UK for 12 years now. I lost my mother last year and it's been a very difficult time for all of us, I thought my dad visiting me in the UK for the first time, not only would help him to feel better but also would be good for me to see him.
I came here as a refugee so I couldn't go back to my country Iran, for my mother's funeral.

I explained everything in my dad's Visa application, even got a letter from my MP. Provided so much documentation and details, My dad also provided as much as he could to prove that he got a business in Iran and almost no way for him to not go back after his visit.

However I got the following reason for the refusal which baffles me as why, I have provided so much details. It seems they just wanted to come up with an excuse!

Code: Select all

The decision
I have refused your application for a visit visa because I am not satisfied that you meet the 
requirements of paragraph(s) V4.2, of Appendix V: Immigration Rules for Visitors because:

 You have applied for leave to enter to visit your family in the UK for 14 days. I 
acknowledge the importance of this visit to you and I have taken careful account of 
the circumstances of this application. However, whilst I am satisfied that your 
sponsor will provide accommodation and cover your expenses whilst you are in the 
UK, when assessing your application, the Immigration Rules require me to be 
satisfied of your intentions and that you personally qualify for a visit visa.

 I have considered the letter of support provided by the Member of Parliament, the Rt 
Hon C. West. I have considered your application carefully but I am still bound to 
assess it against the Immigration Rules. I have considered the documents and 
information provided, but I am not satisfied that you have met the requirements of the 
Immigration Rules on this occasion. 

 You have stated that you are employed as a CEO and Managing Director and that 
your total monthly income from all sources of employment after tax is 
IRR550,000,000 (£9,709.92, www.oanda.com, rate of exchange date: as per this 
letter). I have noted all of the documents that you have submitted in support of your 
application including your personal Bank Saderat (Account No. ****) statements. 
However, whilst these statements cover the period: 12th November 2021 to 12th
January 2022, they do not record a regular monthly deposit in line with your 
statements. I have considered that you may receive your income in cash. However, 
the remaining documents you have submitted do not confirm this. Regardless of this, 
whilst your bank statements cover a two month period, they record total credits of 
IRR19,735,742,468 (£348,423) which equates to almost 3 times your annual income. 
I have also considered that as a CEO/Managing Director, you may use your personal 
account for business purposes. However, whilst this may be the case, neither your 
bank statement nor the remaining documents that you have submitted demonstrate 
which, if any, transactions relate to business activity and which relate to personal 
income. The above means, I am not satisfied that you have given an accurate 
account of your circumstances and this undermines the credibility of your application 
to the extent that I am not satisfied that you are a genuine visitor who would leave the 
UK at the end of your proposed visit.

 In light of the above, I am not therefore satisfied that you are a genuine visitor and 
will leave the UK at the end of your visit. Your application for a visit visa has been 
refused under Paragraph V4.2(a)(c).

NEXT STEPS 

In relation to this decision, there is no right of appeal or right to administrative review.

Now my question is, is there anyway I can complain or appeal through a court , or I have no way of doing so and have to apply again!?

[vinny]

See also V 4.2

Apply again. Perhaps provide six months bank statements and more explanations of how the funds in the bank statements originate and relates to his business?

[manci]

I got the following reason for the refusal which baffles me as why, I have provided so much details. It seems they just wanted to come up with an excuse!

Suggest to address the financial issues raised in the refusal letter and then re-apply.

[feri_2017]

Perhaps I have given too much details, I stated that I will take care of all expenses and provided full details of my bank account, but still they looked at his account.
So there is no way I can take them to court or appeal?
I have to apply again?

[manci]

Perhaps I have given too much details, I stated that I will take care of all expenses and provided full details of my bank account, but still they looked at his account

Your finances are no substitute for looking at your Dad's finances which the caseworker is obliged to do.

So there is no way I can take them to court or appeal?

The refusal letter clearly states that there is no right of appeal or right to administrative review.

I have to apply again?

Yes your Dad should apply again once he managed to address the issues raised in the refusal letter.

[vinny]

Unfortunately, appeals may only be made under human rights grounds. The Court of Appeal had made it practically improbable for a visitor appeal to succeed under human rights grounds.

If he has £348,423 in his bank account, then why would he need your financial support? They were probably also confused on this point.

[feri_2017]

Unfortunately, appeals may only be made under human rights grounds. The Court of Appeal had made it practically improbable for a visitor appeal to succeed under human rights grounds.

If he has £348,423 in his bank account, then why would he need your financial support? They were probably also confused on this point.

Yes, he has enough money to support himself, but the Iranian currency is so low valued that the right thing to do for me is paying for the expenses.
Perhaps that's the problem, he shouldn't have provided an account that is used for business as well. 2/3 of that money belongs to his company!

[AmazonianX]

Unfortunately, appeals may only be made under human rights grounds. The Court of Appeal had made it practically improbable for a visitor appeal to succeed under human rights grounds.

If he has £348,423 in his bank account, then why would he need your financial support? They were probably also confused on this point.

Yes, he has enough money to support himself, but the Iranian currency is so low valued that the right thing to do for me is paying for the expenses.
Perhaps that's the problem, he shouldn't have provided an account that is used for business as well. 2/3 of that money belongs to his company!

Now that pitfalls of the refused application is being identified even by you, addressing them places his subsequent application on better grounds to be approved.

[feri_2017]

That's true, I was just saying that to my dad!

Thanks very much for your help everyone

[feri_2017]

Hi

My dad's Visa have been refused for the second time within 2 months of the first application. I fixed all the issues the mentioned in the first application, they are refusing it for the same reason. As if they haven't read it at all.
I am taking them to the court for discrimination, to be honest that is the only thing and reason that comes to my mind which could be the reason.

Anyone got any experience with taking legal actions against UKVI on humanitarian and discrimination grounds?

Thanks

[secret.simon]

You'd want to make sure that any lawyer you hire specialises in this field (immigration in general and visit visa applications ideally).

Note that we cannot recommend solicitors or lawyers on these forums.

There is, to the best of my knowledge, no humanitarian right to have your family join you or visit you in the UK. The UK government takes the line that you can always visit them in their home country or, if that is not possible, in a neutral third-country. So perhaps you can visit them in Turkey or in a Schengen country.

As for discrimination, the onus will be on you to prove discrimination.

You may find it is cheaper to visit your father in a neutral third country than fight a court case. Keep in mind that if the Home Office wins, you will end up paying the legal fees of both sides (the reverse is also true; if you win, the Home Office pays the legal fees of both sides). I doubt that such a case would qualify for legal aid.

[vinny]

See also some good advice and How to write a pre-action letter that makes the Home Office change its mind

[manci]

I fixed all the issues the mentioned in the first application, they are refusing it for the same reason.

You haven't provided any detail about how you "fixed" the issues.

Did you follow vinny's advice?

Perhaps provide six months bank statements and more explanations of how the funds in the bank statements originate and relates to his business?

[zimba]

I also should add that for a visitor visa you must prove that your father has strong ties to Iran so he does not need to come here and stay. To prove that he should provide evidence of any assets that he owns, for example, property title deeds, commercial assets, and rental income. Also, it is good to provide evidence of having strong ties to family and friends in your country. If you have siblings or if he has any grandchildren who rely on him to provide any accommodation or financial and emotional support. Anything that makes such a case strong enough to prove he needs to go back home at the end of his visit here would help a lot