Refusal of leave to enter to UK with Right Of Appeal?

jackspero · Post by **jackspero** » Mon Oct 14, 2013 5:05 am

Hi my name is alex rajnish and I have Tier 1 General migrant visa(HSMP extention) valid from 14/04/2013 until 15/04/2015 so i took a visit to my home country and when i came back to london hethrow airport I presented this visa to the Immigration Officer and He wanted to go for further inquiries and my passport was found to contain a counterfeit Tier 1 General migrant to have been issued in Sheffield on 30/03/2010 and valid until 30/03/2013(HSMP). I wanted to call my solicitor for the entry clearance but they didn't allow me to make single call and he shouted at me that switch off your mobile and put it in your bag and my bag was in the locker room. As my current visa is still valid, I am allowed to make one call as per the Human Right Article. They should have gone through DER ( Document Examination Report ) in order to verify the visa and should have mentioned the reason ( how is it fake? ) in the notice of refusal of leave to enter. I have been interviewed by a lady Immigration Officer and I asked her How did they extend my visa?? if My previous visa is fake or counterfeit. she got shocked and she replied me its all different department and she cant make any comment about that. I have so many questions in my mind like caseworker must have checked my passport and previous visa approval letter which was submitted when I applied for the extension. I didn't submit any false documents in order to get the extension as I was working legally and was a legal tax payer but they mentioned in the notice of refusal that I submitted false documents to get the current visa. How is it possible?? they issued my visa on the basis of fake visa?? so I took a volunteer exit with the right to appeal within 28 days and arrived in INDIA now i want some legal advice what should i do?Please help me

AUHS · Post by **AUHS** » Mon Oct 14, 2013 7:33 am

Give more details about your case.

1 :write the exact wording of the Refusal letter.

So we can understand it and then advice you accordingly.

Post by **vinny** » Mon Oct 14, 2013 9:03 am

Why didn't you appeal within the UK under 92(2)?

jackspero · Post by **jackspero** » Mon Oct 14, 2013 10:20 am

wording of the refusal letter:

You have sought entry to the united kingdom as a returning Tier 1 General Migrant and have presented a valid UK BRP card valid from 14/04/2013 until 15/04/2015. However your current passport was found to contain a counterfeit Tier 1 General migrant permit alleged to have been issued in Sheffield on 30/03/2010 and valid until 30/03/2013.

I am satisfied that your current leave as a Tier 1 Migrant has been fraudulently obtained on the basis that you have submitted a counterfeit UK residency permit in order to obtain further leave to remain. Additionally as you obtained your leave be deception I am satisfied that you did this knowing that had you genuinely applied for Tier 1 General migrant permit you would not have qualified under the points based system. I therefore am satisfied that by submitting false documents in respect of an application for leave to remain , you do not qualify for your current Tier 1 residency permit.

I have made an application for the appeal to the first tribunal in UK. Appeal has been lodged by the UK solicitor firm on my behalf. I spoke to my solicitor in person as He has been in India. He advised me to get the recent date letter from the Indian company to reconfirm your employment with the company for previous visa and letter from the UK based company to confirm the income for current visa I did my master from UK so degree is gonna be verified. He told me your case is totally on suspicion. I have got the recent dated letter from both companies. He said we have to get the barrister to deal with your case and as a representative in the court. He guaranteed me that our appeal is gonna be allowed. 90% the case is in our favor. We are waiting for the hearing date.

Will they refuse my appeal by giving reason the appellant is in India not present in UK? As per my knowledge appeal rights are same from inside and outside of UK

Post by **vinny** » Mon Oct 14, 2013 10:28 am

I'm assuming that the Tier 1 (General) migrant permit issued in Sheffield on 30/03/2010 and valid until 30/03/2013 wasn't a counterfeit?

Was there any letter attached with it? Do you have a receipt of the payment for the application?

You should also apply for you SAR.

sagareva · Post by **sagareva** » Mon Oct 14, 2013 10:49 am

as was mentioned above, you should have had right to in-country appeal under section 92.

as i understand you departed voluntarily and waived that right? why?

generally entry officers are not to curtail valid leave that has been activated, which you had (your BRP). i doubt that you would have been removed unless you somehow consented to it.

Wanderer · Post by **Wanderer** » Mon Oct 14, 2013 11:45 am

Are you saying your previous visa was obtained fraudulently?

Post by **vinny** » Mon Oct 14, 2013 1:42 pm

It's good that you have submited your appeal to the Immigration and Asylum Tribunal.

(You are correct that the AIT was scrapped.)

Given that your previous Tier 1 (General) migrant permit (30/03/2010) was genuine, when you win your appeal, ask for damages and confirmation that there was no loss of continuous leave affecting your ILR.

kannit · Post by **kannit** » Fri Oct 18, 2013 6:27 pm

Wasn't HSMP last issued in 2008? I think in Mar 2010, HO only issued Tier 1 BRP cards.

nionlight · Post by **nionlight** » Fri Oct 18, 2013 7:43 pm

HO extended a counterfeit visa?? and they didn't check during the extension if the visa they are extending is genuine or counterfeit??

Ohh dear.. how much more crap we will need to see from this sh**** HO and ukba...

jackspero · Post by **jackspero** » Sat Oct 19, 2013 3:40 pm

It was tier 1 visa. it got stamped in my passport, In march 2010, they used to stamp the tier 1 visa in passport. I think they started issuing BRP cards in the end of 2010.

Wanderer · Post by **Wanderer** » Sat Oct 19, 2013 4:02 pm

Sorry if got this wrong but are you saying that because a fraudulent visa app was granted in error that means the later extension is valid and the fraudulent one doesn't matter?

I must have got this wrong I know but pls explain...

nionlight · Post by **nionlight** » Sat Oct 19, 2013 5:15 pm

Wanderer wrote:Sorry if got this wrong but are you saying that because a fraudulent visa app was granted in error that means the later extension is valid and the fraudulent one doesn't matter?

I must have got this wrong I know but pls explain...

You didn't get this wrong lol. From OP's comment that's what it meant.

I know this sounds super duper wearied. But heh! This is UKBA and HO you know. Everything is possible for them.

First of all ,the case officer who extended the so called counterfeit (?!) visa should be sacked on the spot for extending a counterfeit visa.

Wanderer · Post by **Wanderer** » Sat Oct 19, 2013 5:54 pm

nionlight wrote:
Wanderer wrote:Sorry if got this wrong but are you saying that because a fraudulent visa app was granted in error that means the later extension is valid and the fraudulent one doesn't matter?

I must have got this wrong I know but pls explain...
You didn't get this wrong lol. From OP's comment that's what it meant.

I know this sounds super duper wearied. But heh! This is UKBA and HO you know. Everything is possible for them.

First of all ,the case officer who extended the so called counterfeit (?!) visa should be sacked on the spot for extending a counterfeit visa.

OP is a cheeky fecker then!

Mistakes happen but if one is made the perp shouldn't prosper, and at least it looks the UKBA has fished this one and will hopefully rectify the error and curtail the OP's leave.

Advice to OP is take it on the chin, sty in India and serve your 10 year ban if all this is true.

nionlight · Post by **nionlight** » Sat Oct 19, 2013 7:47 pm

Wanderer wrote:
nionlight wrote:
Wanderer wrote:Sorry if got this wrong but are you saying that because a fraudulent visa app was granted in error that means the later extension is valid and the fraudulent one doesn't matter?

I must have got this wrong I know but pls explain...
You didn't get this wrong lol. From OP's comment that's what it meant.

I know this sounds super duper wearied. But heh! This is UKBA and HO you know. Everything is possible for them.

First of all ,the case officer who extended the so called counterfeit (?!) visa should be sacked on the spot for extending a counterfeit visa.
OP is a cheeky fecker then!

Mistakes happen but if one is made the perp shouldn't prosper, and at least it looks the UKBA has fished this one and will hopefully rectify the error and curtail the OP's leave.

Advice to OP is take it on the chin, sty in India and serve your 10 year ban if all this is true.

I don't think so. I would rather believe what OP is saying than believing shi*** UKBA's version. No one will send a visa for extension if the initial one is counterfeit. It is common sense.

I am sure the officers in Heathrow didn't know what they were talking about. Don't forget they once deported a UK citizen.

Wanderer · Post by **Wanderer** » Sat Oct 19, 2013 7:59 pm

nionlight wrote:
Wanderer wrote:
nionlight wrote:
Wanderer wrote:Sorry if got this wrong but are you saying that because a fraudulent visa app was granted in error that means the later extension is valid and the fraudulent one doesn't matter?

I must have got this wrong I know but pls explain...
You didn't get this wrong lol. From OP's comment that's what it meant.

I know this sounds super duper wearied. But heh! This is UKBA and HO you know. Everything is possible for them.

First of all ,the case officer who extended the so called counterfeit (?!) visa should be sacked on the spot for extending a counterfeit visa.
OP is a cheeky fecker then!

Mistakes happen but if one is made the perp shouldn't prosper, and at least it looks the UKBA has fished this one and will hopefully rectify the error and curtail the OP's leave.

Advice to OP is take it on the chin, sty in India and serve your 10 year ban if all this is true.
I don't think so. I would rather believe what OP is saying than believing shi*** UKBA's version. No one will send a visa for extension if the initial one is counterfeit. It is common sense.

I am sure the officers in Heathrow didn't know what they were talking about. Don't forget they once deported a UK citizen. :mrgreen:

Fair enough, i've asked the OP above about the veracity of his initial visa and so far he has declined to respond directly, despite responding to the thread generally, either he's not seen it, or silence speaks volumes...

romy4you · Post by **romy4you** » Sun Oct 20, 2013 8:27 am

hi,
this is some thing new . how u got ur first fraudulent visa ?
and how they not able to detect in system when u extend the visa .?

jackspero · Post by **jackspero** » Sun Oct 20, 2013 9:43 am

nionlight wrote:
Wanderer wrote:
nionlight wrote:
Wanderer wrote:Sorry if got this wrong but are you saying that because a fraudulent visa app was granted in error that means the later extension is valid and the fraudulent one doesn't matter?

I must have got this wrong I know but pls explain...
You didn't get this wrong lol. From OP's comment that's what it meant.

I know this sounds super duper wearied. But heh! This is UKBA and HO you know. Everything is possible for them.

First of all ,the case officer who extended the so called counterfeit (?!) visa should be sacked on the spot for extending a counterfeit visa.
OP is a cheeky fecker then!

Mistakes happen but if one is made the perp shouldn't prosper, and at least it looks the UKBA has fished this one and will hopefully rectify the error and curtail the OP's leave.

Advice to OP is take it on the chin, sty in India and serve your 10 year ban if all this is true.
I don't think so. I would rather believe what OP is saying than believing shi*** UKBA's version. No one will send a visa for extension if the initial one is counterfeit. It is common sense.

I am sure the officers in Heathrow didn't know what they were talking about. Don't forget they once deported a UK citizen.

thanks for all your support as you got me right completely. I agree with all the comments you made.

jackspero · Post by **jackspero** » Sun Oct 20, 2013 10:07 am

Wanderer wrote:
nionlight wrote:
Wanderer wrote:
nionlight wrote:
You didn't get this wrong lol. From OP's comment that's what it meant.

I know this sounds super duper wearied. But heh! This is UKBA and HO you know. Everything is possible for them.

First of all ,the case officer who extended the so called counterfeit (?!) visa should be sacked on the spot for extending a counterfeit visa.
OP is a cheeky fecker then!

Mistakes happen but if one is made the perp shouldn't prosper, and at least it looks the UKBA has fished this one and will hopefully rectify the error and curtail the OP's leave.

Advice to OP is take it on the chin, sty in India and serve your 10 year ban if all this is true.
I don't think so. I would rather believe what OP is saying than believing shi*** UKBA's version. No one will send a visa for extension if the initial one is counterfeit. It is common sense.

I am sure the officers in Heathrow didn't know what they were talking about. Don't forget they once deported a UK citizen.
Fair enough, i've asked the OP above about the veracity of his initial visa and so far he has declined to respond directly, despite responding to the thread generally, either he's not seen it, or silence speaks volumes...

whoever you are, I am responding to you because whatever you said its all crap. I didn't reply to you because I didn't get your question. As I wrote in my thread i got all the proofs that How did I get qualified for the initial visa? As far as the legitimacy of visa is concern, I spoke to my solicitor, he said there is nothing wrong with your visa because it is the prime duty of the caseworker to check the immigration status before proceeding further. If you speak louder, there is a lie behind that loudness. I haven't been banned for 10 years because I haven't been illegal or did something illegal. I asked Immigration officer questions raised in my mind but she kept silence for a while and answered me its all different department from where the visa has been issued, I cant make any comment. They served me AIT form which is completely scrap because they didn't want me to appeal against the decision that's what I feel. Please read carefully the thread I posted earlier.

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Refusal of leave to enter to UK with Right Of Appeal?