VISA refused/documents not fully returned

[soloblue]

Hello,
We (my non EU fiance and I) have another issue - when the VISA for my fiance (Indonesian) was refused, UKBA did not return all the documents we provided as part of the VISA application.
We had applied for a Fiance VISA. We did not realize they kept so much until we started thinking about the appeal process, as we were told we need to reproduce the bundles.

It is now one month that my fiance is trying to get them back, first by requesting them by email then calling and even going to the info center. Finally yesterday someone called him and told him that they have not returned all of them has he is proceeding with the appeal.

Are we right in thinking that they should have copied the documents ( they kept all our relationship evidence, letters from friends, my birth certificate and single status certificate, all our phone bills)....

Is there anything we can do? We will not be able to reproduce it all and unfortunately my fiance did not make a copy prior to submit with the form.

I was advised that there is a law we could refer to in order to get them back, is that correct?
What if they do not return them - is it all right to mention to the judge that part of the documents of the original application cannot be presented as they were kept by UKBA?

Thank you very much!

[Greenie]

You should always keep copies of documents you submit to the ukba.

The ukba are required to serve a bundle of documents to the tribunal which should include a copy of the supporting documents and the application form.

[soloblue]

Thank you for your response, I (sponsor) did make a copy of the ones I sent to him, but my fiance (the applicant) did not make a copy for the remaining ones ...he submitted the full package.

The point is that UKBA kept our originals, not the copies and really I beleive the should have returned them to us already at the time of refusal.
I guess the only way forward is to reproduce them and state to the judge that they are reproduced and the original are in the UKBA/ECM bundle.

Kind regards

[batleykhan]

Thank you for your response, I (sponsor) did make a copy of the ones I sent to him, but my fiance (the applicant) did not make a copy for the remaining ones ...he submitted the full package.

The point is that UKBA kept our originals, not the copies and really I believe the should have returned them to us already at the time of refusal.
I guess the only way forward is to reproduce them and state to the judge that they are reproduced and the original are in the UKBA/ECM bundle.
Kind regards

You will not need to produce the same documents for your appeal hearing, if that is what you are worried about. The IAT will already have access to those documents as the ECO will have to produce the bundle at the hearing.

My understanding is that only very important documents are returned to the applicant after the finality of an application. The rest are archived by the BHC and then destroyed. .

[Greenie]

what documents have they kept? the tribunal does not need to see the original documents unless the authenticity of the documents is in question, they will be provided with copies by the ukba in their bundle