Help would be appreciated (in relation to family visitor that went to tribunal)
HI I applied for my niece to come to the UK. It was refused on the grounds of no economic ties, didn’t demonstrate money for flight or maintenance and did not produce house documents. I took it to the tribunal and explained everything asking for more time to produce documents for economic ties, money, house and etc. The judge ruled in my favour for this and I was very pleased. He went onto explaining those are exactly the documents I needed and even stated the names for me. I wrote them down and was very pleased!
I returned 1 month later to show them my latest bank statements (showing over 5k in), had a letter produced from the solicitor explaining I have a 4 bedroom detached house worth 180k which has no mortgage or loans against it and is fully paid for, had letters translated from my nieces university showing she would need to return for and etc.
Upon entering the room where the judge lied I noticed he was sitting on his chair and had not walked into the room like he normally would have and the member of staff would say “all rise” He simply stated “you said you were going to get me the documents… where are the documents?” I replied “right here” being extremely confused. He stated to hand him the documents and he would scan them and he would look into another case while this was being done.
He also stated the requirements he needed. He did not mention economy ties what so ever… as if he never asked for them but he mentioned everything else. :S
We waited around 1 hour patiently and after all the documents had been scanned we walked back into the room.
The judge then stated to the defence of the UK boarder agency “are the documents were satisfactory?” He stated “no they are not. None of them are.” I looked at my son who is 21 and is the representative and we both looked at each other in shock and were extremely confused.
The judge asked what was wrong and he stated that we had not provided a bank statement from almost 9 month ago when my niece had applied and therefore it was unsatisfactory.
The judge agreed with him stating it must be shown to demonstrate that the that the UK boarder agency was wrong and 9 months ago we did have a funds to pay for my nieces visit and walfare.
My son who was the representative stated “but to demonstrate an amount of money from 9 months ago does not demonstrate the financial situation of today and her ability to come now”
He then stated “The sponsor is on £300 a week salary and is a deputy manager of a catering establishment.” He also stated “The second sponsor we choose is on around £500 a week”
He led onto saying “this demonstrates that seen as that the son lives with the father and they are only utility bills to pay, there is a high probability that the two sponsors had the correct amount of money to pay for the applicants (my nieces) visit.
My son also led onto saying that the house is suited for the applicant also. The judge replied “Yes I am happy about the house and am satisfied.
The UK defence lead onto saying that “You have not provided a council assessment to find out if how many people are living in the house”
The judge immediately changed his mind.. it was so messed up!
My son stated “But the house is privately owned by the sponsor (my self).” The UK defence said “Yes but you still need the council to asses it”
The judge went onto saying that “I don’t see why I should give you any extra time as you’ve already had enough time to produce the evidence. Now how are you going to produce the evidence? I already told you what you would need but you have failed to provide it”
Nether me or my son stated that he did not tell us about the old bank statement that would be required nor that the house would need to go under a council check but he did not tell us anything in relation to that. We were in complete shock on the fact he ignored the economic ties completely and twisted everything. :S
Please note: The first UK boarder agency defence for the time we had for extra time took notes of exactly what was said. When we went a second time it was a different UK boarder agency defence. Could we possibly get his notes or appeal for his notes to be checked against the judges?
The judge then stated “Okay I will notify you of my decision by post in the next 10 working days. That is all” and we left…
Can we appeal against this decision? What should I do? Is this even right? I really dont think hes going to let my niece come it was so ovious.