Hi All,
I am reopening this thread, The reason, yet again ..Need someone's help with detailed procedure for visa appeal (justice).
Latest Update (along with complete background ) on my case:
I had applied for the UK Work Permit Visa under category Tier 2 – Intra Company Transfer (ICT) - Short Term Staff Migrant Visa on 30th Oct 2012 with valid Cos. I received the reply after 15 working days, and it was mentioned that my Visa application is refused and my application failed to meet the requirement under section 245ZV under paragraph 320 of the immigration rules.
The reply also stated that the Visa was processed under Tier-4 category and the refusal was on the basis of General grounds of refusal with the detailed reason as mentioned below:
General ground for refusal:
ECO Comment;
In you application you have submitted educational certificates from XYZ* university, I am satisfied the these documents are false because they have been subjected to verification checks and found to be false, as detailed in a document verification report. As false documents have been submitted in relation to your application, it is refused under paragraph 320 (7a) of immigration laws. Any future application will also be automatically refused, for the same reason under paragraph 320 (7b) until Nov 2022, unless a concession applies.
Furthermore, in light of the above you do not meet the requirements of paragraph 245ZV of HC395.
On getting this reply, I checked with the UKBA and requested them (by email) to process my application under correct category which is Tier 2 – Intra Company Transfer (ICT)-Short Term Staff Migrant Visa. I received a revised Visa refusal note from UKBA (by post) and this time the refusal note mentioned the correct category that is Tier-2 ICT, but the refusal reason was same as earlier (false document). The revised refusal was under section 245GB under paragraph 320 of the immigration rules.
As my visa was refused again for the same primary reason where ECO (Entry Clearance Officer) was not satisfied with the submitted degree and marksheets. I decided to go for Administrative Review with additional documents to support my application. I went to the XYZ University, and checked with the respective confidential department in university (I learnt that they had not received any formal document verification request from UKBA). Also as additional documents, I managed to get university transcript (which the University sends as part of any documents verification request from the consulate) along with the Bonafide letter from the college, where I had studied the 3 year full time degree course.
On 5th Dec 2012, I sent the review application by courier for the administrative review. Along with this review application, I had attached the above mentioned additional documents (University transcript and Bonafide letter from college).
28 days later, On 4th Jan 2013, I received the administrative review decision letter from the UKBA, which again refused my review. The reviewer upheld the original decision. On the additional supporting documents, the reviewer commented as below:
“I am satisfied that the verification check was properly conducted and the conclusion reached was correct. I note that you have provided further documents (transcripts) purportedly from XYZ University to support your claim that the degree certificate is genuine; however these documents are self serving and do not detract from the information contained in the verification report. Your refusal under paragraph 320(7a) therefore stands. Any future applications will also be automatically refused, for the same reason, under paragraph 320(7b) of the Immigration Rules until 19/11/2022, unless a concession applies.”
Please note that in this letter the ECO has again mentioned that I applied for entry clearance to the United Kingdom under Tier 4 of the Points Based System, which is not correct.
I feel that there is some mistake happened with my application, and from the beginning it is being processed under Tier – 4 instead of Tier-2 ICT. The document verification was also done under Tier-4 category. Now, I am left with the option to go for the visa appeal (
http://www.ukba.homeoffice.gov.uk/visas ... o/appeals/) and try to get justice from there, As I am very much confident that the documents and my degree is absolutely correct and authentic.
Please let me know detaied porcedure for Visa Appeal and guide me in the direction forward. I might not be able to get any representative for the hearing, and will try to write down my case history and appeal for justice before an immigration judge. I would like to know:
1) Do I have right to go for appeal against a decision of an Entry Clearance Office? I am not in UK and refusal was done from UKBA, Chennai, India.
2) Do I need any lawyer (Consider it For an appeal to be determined on the papers provided only)
3) Is only IAFT-2 is required, What other docs i should submit.
4) Anyone out here who went for Visa Appeal? How is the success rate?
This rejection has given me a lot of tension, as this will surely affect all my future Visa Applications, to all countries and it will severely affect my career all my life. I feel, this has all happened because of one mistake made by the ECO , where he first processed my application in wrong category.
