Is the ECO duty bound to put every reason for refusal in their refusal statement or do they just put one and bring up the others when a decision is appealed? Sorry for all the questions but we need it clear in our heads on how to proceed.
Is the ECO duty bound to put every reason for refusal in their refusal statement or do they just put one and bring up the others when a decision is appealed? Sorry for all the questions but we need it clear in our heads on how to proceed.
I'm hoping things are not that bleak Terpe
read the following ..
http://freemovement.wordpress.com/20...tion-refusals/
and the comment by Davies Khan ( if your letter of reconsideration doesn't get your refusal over turned, it might be worth contacting Davies Khan as he has a very good reputation)
A client was refused visit entry clearance (Bangkok) on deception grounds for failing to disclose the existence of her child on the VAF, a fact that became apparent when spoken to by the ECO over the phone. That she freely admitted during the conversation to having a child was indicative of there being no deception, but the ECO chose to disregard this.
Representations to the ECM resulted in the decpetion allegation being withdrawn, and a second visit visa application was successful.
so as your wife freely admitted the child there was no deception.
Well done joe, great find and great piece of caselaw.
Wasn't trying to sound too bleak, that's why I suggested to continue with the letter of reconsideration before spending money on professional help.
This one went outside my experience so I wanted to be very cautious.
How terrible that the ECO knew it was not deception but continued anyway.
Although probably the ECO has no authority to grant a visa on a 'misrepresented' application.
There you have it sim&lil caselaw already done for you.
Thanks to joe things look a lot better.
Well done Joe
You have saved at least a couple of forum members some sleepness nights.
Terpe, I know you wasn't, as all your posts are very informative based on facts, rules and regulations, and many people on this forum are very thankful to you
i just hope it takes a letter of reconsideration and sim&lil can get on with their life's
how's your little one doing gwaPito ? little joe is 5 now he knows he needs 'paper money' to buy many of the toys he wants now
Our not so little one is doing brilliantly thank you. So much so I hate leaving them both to go to work.
He certainly means everything to us..our world and to think we'll be having another next spring...how lucky are we.
Life is great
Last edited by gWaPito; 19th November 2011 at 23:21. Reason: Running this time
Sorry to hear of the refusal.
We put both of my children down on the form, from my previous marriage. Age, place of birth, name etc. I was advised to do this. At the time I couldn't see why they needed to know. But obviously they take that info seriously.
Good luck with the reconsideration.
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