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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11509
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I bought a house in Pakistan on the name of my son who lives

Resolved Question:

I bought a house in Pakistan on the name of my son who lives in UK to act as Nominee of his step brothers and sisters who live in Pakistan are are not adult yet, and pass on to them when they are 25 after my death. I did not get a deed of Nominee from my Son. I paid cash for the purchase and have his general power of attorney.What sort of deed I need to confirm this transaction in UK and then get it registered in Pakistan Embassy in London and also to register at the Ministry of Foreign affairs in Islamabad. I also want to use that document to show to Entry Clearance Officer who refused spouse visa for my wife to say £22,000 per annum income is not enough for my four children if they came to live in UK after their mother is given spouse visa.. I give the income of the house to my children and they have the interest of inheritance in the house. This will prove as asset and source of income to my children in Pakistan to use in Pakistan and UK whenever they decide to join me in UK.

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  INC replied 1 year ago.

INC :

Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

INC :

Hi, in whose name is XXXXX XXXXX registered?

Customer:

The property is registered on the name of my son wh lives in UK because he gave me his General power of attorney before I bought it 8 years ago in Pakistan. Nominee is not a general practice in Pakistan but if it registered in UK as legal document they may acceopt in Pakistan copurts once Pakistan Hiogh commissioner attest it and then it is registered at The Pakistan Foreign Office in Islamabad. Thanks

Customer:

<div class="JA_chatMsgAuthor"Customersays:

12/21/12 8:13 PM



The property is registered on the name of my son wh lives in UK because he gave me his General power of attorney before I bought it 8 years ago in Pakistan. Nominee is not a general practice in Pakistan but if it registered in UK as legal document they may acceopt in Pakistan copurts once Pakistan Hiogh commissioner attest it and then it is registered at The Pakistan Foreign Office in Islamabad. Thanks


INC :

Hi, why can he not grant another power of Attorney?

Customer:

I have the power of attorney and can ask my son to issue another one if that is required but that will not be valid after my death. I like to have a template of Deed of Nominee which I should be able to get it attested and then registered in Pakistan. After my death my wife and my children would feel more secure and I should be able to use that document to show to Entry Clear officer to strengthen my wife's appeal. My question more is to do with property law. Thank you.

Expert:  INC replied 1 year ago.
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Customer: replied 1 year ago.

I am sorry too to see there is lack of progress in getting answers. I am still working on the appeal I have to submit but with that sort of speed of response, I am not making any progress. I will be going to Pakistan to see my family this Friday and want to send this appeal from UK. There is more urgency to deal with this appeal first and leave that document toprepare latter on as you advised that could be produced up to five days before hearing. If I send you the appeal I have prepared,would you be able to amend it according to the law and advise me what points more to be added

Customer: replied 1 year ago.

  1. Dear Sir,

  2. Thank you for trying to sort out my immigration problem which I have put to you again in as a new question a few days agobut we had no progress on that. Please do advise me if the grounds of appeal I have prepared are right. I like to send this appeal before I leave for Pakistan to visit my family. I can collect more evidence from Pakistan which I can submit up to five days before the appeal hearing. Please treat it urgent as I will be leaving UK on this Friday. Many thanks for looking . I have already sent you the refusal I received which you can study from my previous correspondence


  3. 1. Appellant, Bushra Din, now on known as “Bushra”, submits her appeal against the decision of the Entry Clearance Officer (Islamabad), now on known as “ECO”.




  1. 2. On 5th December 2012, EOC refused to grant entry clearance to Bushra with view to settlement as spouse of a person present and settled in the United Kingdom .




  1. 3. Bushra’s husband (sponsor), Mohammad Din, now on known as “Din” is a British Citizen and is in a gainful self employment in the United Kingdom.




  1. 4. Briefly ECO is not satisfied if Bushra and Din’s marriage is genuine, if the children claimed by Bushra and Din are legitimate, if Din and Bushra lived together for over four years in Pakistan, if Bushra loved Din and will continue to do so if she came to UK, and if the shown Din’s earnings will be more than £1,671.88 plus accommodation costs needed for Din, Bushra and their four children according to the calculation of Department of Work and Pensions.




  1. 5. ECO did not attached any importance to the letter of Department of Work and Pension dated 27 September 2011 on page 100 of the Index of documents in skeletal correspondence with Department of work and Pension. Din pointed out the above stated letter in his affirmed sponsorship letter of 5 January 2012 on pages 36-38 of the index of documents. Din also pointed out that letter again in Din’s letter to ECO on 20 June 2012 on page 30-31 of the index of documents.




  1. 6. The letter is from Department of Work and Pension of The United Kingdom from the Pension Officer who has the same responsibilities and powers as ECO. ECO Ignored that letter in contempt of The Pension Officer’s decision who accepted Bushra as legally wedded wife of Din and granted Din extra Pension for Bushra as his


wife. The Pension Officer taken over two years in investigating status of Bushra, Din’s domicile to Pakistan and Din’s return to UK permanently. The Pension Officer investigated Din’s marriages and divorces. The Pension Officer from Department of Work and Pension went through the background of the marriage of Bushra to Din. Bushra and Din submitted all the supporting documents to Department of Work and Pension including certified marriage and divorce certificates, wedding history, wedding photographs, progressive photographs of children with birth certificates which were investigated by The International Pension Centre (IPC) in Islamabad which is a wing of British Embassy in Islamabad. The correspondence with IPC runs on to hundreds of pages with outcome as stated in its letter of 27 September 2011. Same documents were presented to ECO who just took no notice of it.




  1. 7. ECO has shown poor knowledge of Pakistani culture and its religious understanding, particularly Din and Bushra belong to an area of Pakistan which is dedicated to Islamic practices where there is no room to live without genuine marriage and give birth to illegitimate children. It is a criminal offense in Pakistan law and carry punishment of imprisonment and lashes. Such couple also face the family anger and revenge. Most such couple are shot dead for family honour. Such honour killing has taken place even by British Muslim families living in UK.




  1. 8. Din’s first marriage to his first cousin also took place in Quetta with full wedding ceremony. Din’s first wife joined him within couple of years in United Kingdom in 1965. It is an open insult to call Din’s children from his first marriage as “from his previous relationship”, is equal to calling Din’s children in UK also as illegitimate. Din already informed the background of his marriages and divorces in Din’s affidavit/sponsorship in the index of documents.



Marriage Background of Bushra and Din


When Din was domiciled to Pakistan in 1998 after living in UK almost 40 years, he was living in Quetta/Pakistan where he was born and all his family lived there. Din was in search of getting married again that Din’s friend from Abbottabad/Pakistan sent him to Abbottabad to see his cousin’s family. When Din came to meet the family, they said the girl was now engaged. Din met Bushra’s elder sister who was looking for a suitable Partner for Bushra. Bushra’s father refused to Din’s proposal due to Din’s age and Din’s previous marriage. Din advertised in a National Newspaper for marriage and gave his mobile phone number in the Newspaper. Amongst the several telephone calls who were willing to meet, he received a call from Bushra who said that her father was ill informed about him and she was still interested to give his proposal a second chance and met Din at his hotel in Abbottabad couple of times on her way home from her beautician classes. Bushra accepted lifts from Din in his car to her beautician classes. Bushra and Din liked each other. Bushra managed to persuade her father who then arranged proper Nikah and wedding ceremony. Din gave Bushra a cheque of Rs.500,000 as dowry / wedding gift which she deposited in her account before the wedding. Bushra’s father sent wedding invitation to over 300 friends and relatives who attended the Nikah and wedding ceremony on 3 November 2002. Bushra was brought in a wedding cage, carried in a procession by her relatives to Din’s rented house in the neighborhood. Shortly after the wedding Din sent invitation cards to over 300 guests and relatives who attended the Waleema/dinner party given by Din in the Serban Hotel, Abbottabad . Din and Bushra went to Islamabad and Murree on their car where they had their honey moon in a Hotel in Islamabad. Couple have been ever since living together in Abbottabad , first in a rented house and then in their own house, Din bought for his children. Since Din is gone back to live in UK permanently and is self employed in UK, since September 2011, Bushra is living with her parent where she and her children feel more secure.



Din’s certified earnings of £22,000 per annum (£1833.33) per month are enough for 4 children if they joined the Bushra and Din at a latter time. Sponsor’s monthly pension of £4,305 per annum as his state pension (£362.41) per month. (page no.65 of the index of documents) exhibit “A” makes it to £2195.74 per month which is in adequate accoriding to ECO’s finding that “based on Department of Work and Pensions figures the required amount of money needed to support a family


consisting of a married couple and


four children is £1,671.88 per


month.” Din and Bushra would like their children to have the basic Islamic education with an oppourtunity to be brought up in Islamic environment will help them to their upbringing better and they will be peaceful, religious and good character children when they come to UK. Din’s children are financially secure as they have the income of two houses in Pakistan which were bought by Din on the name of his two sons living in UK for his children in Abbottabad. Din has the General Power of Attorneys from his sons for the two houses. Din lets out the houses, and use the rental income for his children in Abbottabad. Din is carrying out his responsibilities well for his wife Bushra by giving her enough money from UK and both love each other. Din and Bushra are both religious mind do not believe that love should be openly expressed in public to keep up religious and family traditions. Din and Bushra are daily in communication by phone or Skype where they chat with each other, children and other relatives. Din’s children are well looked after by their grand parent, their uncle and aunts who are all well educated and give them religious teachings as well when they come home from school. One of Bushra’s sister is married to one of Din’s closest family in Cardiff who has one son and expecting a child soon. The couple were in Abbottabad with Bushra for a month on holiday. Bushra will feel at home when she will come to UK. Family traditions in Abbottabad are very strict as the women are very faithful and loving to their husbands, particularly after the birth of few children the couple becomes inseparable.



It is humbly requested that Bushra be granted indefinite visa at the review as she has complied to all Immigration rules required.


 

Customer: replied 1 year ago.

Relist: Other. THE EXPERT TAKES SEVERAL DAYS TO CONTACT HAS GOT NO INTEREST IN THE QUESTIONS OR FIND A SOLKUTION PERHAPS IS VERY BUSY. PLEASE PASS ON MY PROBLEM TO ANOTHER EXPERT THANK YOU

Expert:  INC replied 1 year ago.
Hi,

Your attempt at the Grounds of Appeal are okay. You fail to mention any Article 8 Rights under the ECHR. In addition, you fail to mention any of the grounds required for Appeal, as stated in the Letter of Refusal. You should also mention that the ECO should have exercised discretion differently and requested an interview with the Applicant.

You may also want to look at the following case: Beoku-Betts v SSHD [2008] as well as Article 8 of the European Convention on Human Rights

Although I am not prepared to write the Grounds of Appeal for you, I would be happy to review anything you have written and provide comments.

The site is not designed to create a Client - Solicitor relationship and we can only provide general guidance, not specific advice.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

Many thanks
Expert:  INC replied 1 year ago.
Hi,

If I have provided you with an answer, I would be grateful if you could rate the answer and provide feedback.

Many thanks
Expert:  INC replied 1 year ago.
Hi,

Would you like any further assistance with this?

Customer: replied 1 year ago.

yes sir, I like you to see the final document and give your opinion before I print it and file appeal, can I do that in an hour if you still there or do it tomorrow,please let me know which suit you best thank you


 

Expert:  INC replied 1 year ago.
Hi,

I will be able to look at this for you tomorrow.
Customer: replied 1 year ago.

Thank you

Expert:  INC replied 1 year ago.
It's a pleasure.
Expert:  INC replied 1 year ago.
Hi,

Have you now filed the Appeal?
Customer: replied 1 year ago.

Hi Thank you for your inquiry. I have sent the appeal as it was sent for you to see, I hope it may be OK,still your opinion will help. Please give me the list of further documents I should submit. I give you the list of document which were sent with the spouse visa application as follow: I N D E X



S.NO (S) DOCUMENT PAGE NO (S)



1. Application for Settlement Visa 01 – 14



2. Bushra Din's Medical fitness certificate 15 - 16



3. Bushra Din's City and Guild English Language certificate. 17 - 19



4. Bushra Din taken English Course by Highbrow College Lahore 20 - 21



5. Bushra Din's Pakistan passports copies 22 - 24



6. Bushra Din's School Certificates 25 - 26



7. Bushra Din's Beautician Certificate 27 - 28



8. Letter from Sponsor Mohammad Din to Entry Clearance Officer 29 - 31



9. Sponsor Mohammad Din's recent copy of Passport Entry and Exit 32 - 35



10. Mohammad Din's Affirmed Sponsorship Letter 36 - 39



11. Mohammad Din's copy and Duplicate British Nationality Certificate 40 - 42



12. Attested Copies of Mohammad Din's British & Pakistan Passports 43 - 56



13. Sponsor's Marriage Certificate With English Translated Certificate 57 – 60



14. BUSHRA Din’s children form B from Nasdra 61 - 62



15. Sponsor's Previous Marriages and Divorces Certificates Copies 63 - 68



16. Sponsor's Chartered Accountant’s Net Profit Verification 69- 71



17. Sponsor's Confirmation From one of his Business Client 72 - 74



18. Sponsor's Bank Statements Nationwide BanK 75 - 94



19. Mini-Statement of Santander Bank Funds held for Bushra Din 95 - 97



20. Sponser's entry in Electro Register Held in Cardiff County Hall 98 – 100



21. Confirmation letter from Inland Revenue & Customs 101 - 102


22. Sponsor's Rent Agreement of The Flat suitable for Couple 103 - 107



23. Report on rented Flat by Chartered Surveyors Roger North Long 108 - 112



24. Sponser's Skeletal Correspondence with DWP Pensions in UK 113 - 119



25. Copies of Sponsor's previous Sponsorship Letters 120 - 123



26. Mohammad Din's Education and Professional Certificates 124 - 132



27. Mohammad Din's letters from UK and German Dental Labs 133 - 134



28. Mohammad Din's Canadian Immigration Voucher 135 – 136



29. Mohammad Din's Wedding and Progression photographs 137




thank you

Expert:  INC replied 1 year ago.
When are you planning on submitting the above-mentioned documents?
Customer: replied 1 year ago.

Thanks, I have placed the wording you gave me to submit documents according to the directions of the appeal . I will be coming back in 12 weeks,will collect the documents according to the grounds of appeal I have already submitted from Pakistan. You already informed me that I got enough time up to 5 days before hearing but it is better to do as soon as possible to be on safe side.


 

Expert:  INC replied 1 year ago.
Hi,

That is correct. You will have an opportunity to file the documents once you have been provided with Directions by the Tribunal.

The Tribunal normally directs that a trial bundle be submitted at least 5 working days before the hearing.

You should ensure that the documents are all numbered and indexed.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

Many thanks
Customer: replied 1 year ago.

Thank you for the information,


 


please see the list of documents I have already provided with the application in July 2012


 


what further documents I must submit once you have read my grounds of appeal.


 


Please give your opinion if the grounds given are correct or I have missing any points.


 


Thank you

Expert:  INC replied 1 year ago.
Hi,

Without seeing a copy of the refusal letter, i can only assume that all of the above-mentioned documents are relevant.
Customer: replied 1 year ago.

Dear Sir,


Thank you , the refusal letter is divided into three sections and each section is copied into grounds of appeal which were improved on 27.12.12. Sorry you looked at a page send earlier.


 







Application: Bushra Din

Date of Birth 17/11/1981

GROUNDS OF APPEAL


1. Appellant, Bushra Din, now on known as “Bushra”, appeals against the decision of the Entry Clearance Officer (Islamabad), now on known as “ECO”., who in his decision issued on 5th November 2012 refused to grant entry clearance to her with view to settlement as a spouse of a person present and settled in the United Kingdom.


Bushra’s husband (sponsor), Mohammad Din, now on known as “Din” is a British Citizen and is in a gainful self employment in the United Kingdom . Din’s ability to maintain and accommodate Bushra is shown by his Accounts by a Chartered Accountant, Rent agreement of the accommodation and Chartered Surveyor’s report to show the suitability of the accommodation for Bushra to live with Din. The bundle of documents submitted to ECO is on 128 pages, consisting of all the documentary evidence to satisfy


3. ECO says, “ you have lived together for the last four years. You have not provided evidence such as a tenancy agreement, mortgage documents, joint household bills, joint bank statements in addition to appropriate immigration history to confirm this and establish that you have been living together for the period claimed. I am therefore not satisfied that you and your sponsor married or formed a civil partnership at least four years ago and since which time you have both been living together outside the United Kingdom. 281(i)(b)(i)."


4. ECO did not give any importance to the letter of Department of Work and Pension dated 27 September 2011 on page 100 of the bundle. Din pointed out the above stated letter in his affirmed sponsorship letter of 5 January 2012 on pages 36-38 and Din’s letter to ECO on 20 June 2012 on page 30-31 of the bundle submitted to ECO.



5. The letter is from the Pension Officer of the Department of Work and Pension of The United Kingdom Ref ZS556972C IPC Claim 043 FR7 dated 27th September 2011, addressed to Din, it says,

6. Dear Mr Din About your claim for increase in your United Kingdom ( UK ) state Pension. I am writing to tell you that you have been awarded an increase in your State Pension in respect of your wife Bushra Din from 9 March 2009 up to and including the 11 July 2011.(123 weeks at £39.32 per week) The arrears have been sent to your Bank. The increase in your UK Pension in respect of your wife cannot be paid from 18 July 2011 because from that date you have been regarded as living in the UK permanently. The increase cannot be paid while your wife and you do not reside together.”


7. The Pension Officer who has the same responsibilities and powers as ECO is satisfied that Bushra is Din’s legally wedded wife who , lived with Din until 11 July 2012, and confirmed that Din is living in UK permanently since 12 July 2012, therefore awarded Din Extra Pension according to the Pension rules that couple have to live together to be able to get extra Pension. The Department of Work and Pension used the services of The International Pension Officer, in Islamabad to investigate Din’s marriages and divorces. Bushra was not awarded more than 123 weeks extra pension because extra Pension rules do not backdate the claim from the date of application which did not made until 2009 due to lack of information. This award is discontinued since 2010 but will last to 2020 who got it therefore Bushra will remain entitled to this award to 2020 whenver she lives with Din in Pakistan or UK can get this extra Pension.


8. The same bundle of documents was presented to the ECO which contains Din’s record of entries and exits to and from United Kingdom for over four years by the stamps of entries and exits from Pakistan in the photo copies of his Pakistan and United Kingdom Passports attested by Rausa Mumford Solicitor on 5.1.2012 in Cardiff/UK at pages 42-54 of the bundle of documents submitted to ECO..


ECO has shown poor knowledge of Pakistani culture and its religious understanding when he says Bushra was not married or even formed a civil partnership with Din. Bushra belongs to an area of Pakistan which is dedicated to Islamic practices where there is no room to live without genuine marriage and give birth to illegitimate children. It is a criminal offense in Pakistan law and carry punishment of imprisonment and lashes. Such couple has also to face the family anger and revenge. Most such couple are shot dead for family honour. Such honour killing has taken place even by British Muslim families living in UK . Any period Din was not in Pakistan, he was visiting his children in UK.It is therefore ECO is wrong to say Bushra did not complied to Immigration rule 281(i)(b)(i).


EOC’s second paragraph says

"The tradition in Pakistan is for marriages to be arranged by parents within the extended family, between persons of a similar age, with no previous marriages. O have considered all of this when considering your application. You state that your arranged marriage took place on 03/11/2002 and that your sponsor is a divorcee with 4 children and 40 years older than you. Your sponsor fully intend to live with you in a subsisting marriage but it is your intension that must be paramount in deciding this application. I have carefully studied this application however there is little evidence of regular contact and interest in each other’s welfare and well being. Your have failed to provide evidence of this and as such I am not satisfied that you intend to live permanently with your sponsor as spouse or civil partner and that the marriage or civil partnership is subsisting 281(iii)."


It is true that the background of Bushra’s marriage to Din was not disclosed to ECO but same was disclosed to the Pension Officer of the United Kingdom Work and Pension. Bushra felt ECO will be satisfied with the Pension Officer’s decision to accept Bushra as Din’s legally wedded wife and granted Din extra Pension for Bushra.


Marriage Background of Bushra and Din

When Din was domiciled to Pakistan after living in UK almost 40 years, he was living in Quetta/Pakistan where he was born and all his family lived there. Din was in search of getting married again that one of Din’s friend from Abbottabad/Pakistan sent him to Abbottabad to see his cousin’s family. When Din came to meet the family, they said that the girl was now engaged. Din met Bushra’s elder sister who was looking for a suitable Partner for Bushra. Bushra’s father refused to Din’s proposal due to Din’s age and Din’s previous marriage. Din advertised in one of National Newspaper for marriage which cost him Rs.5,000, and gave his mobile phone number in the Newspaper. Din t the several telephone calls he received who showed their interest and wanted to see him, he met a Professor of a College in Hassanabdal who accepted Din’s proposal for marriage to his daughter subject to her approval who was a teacher in Tarbella, in a neighbouring townn. The meeting was to take place in couple of hours that Din received a telephone call from Bushra who said that her father was ill informed about him and she was still interested to give his proposal a second chance. Din abounded meeting the teacher and travelled back to Abbottabad, taken a room in Serban Hotel where he met Bushra couple of times after her beautician classes. Din gave Bushra lifts in his car from her home to her beautician classes a few time that both liked each other. Bushra managed to persuade her father who then arranged proper Nikah and wedding ceremony. Din gave Bushra a cheque of Rs.500,000 as dowry / wedding gift which she deposited in her account before the wedding. Bushra’s father sent wedding invitation to over 300 friends and relatives who attended the Nikah and wedding ceremony on 3 November 2002. Bushra was brought in a wedding cage, carried by her relatives to Din’s rented house in the neighbourhood. Shortly after wedding Din sent invitation cards to over 300 guests and relatives who attended the Waleema/dinner party given in the Serban Hotel, Abbottabad . Din Bushra went to Islamabad and Murree on their car where they had their honey moon in a Hotel in Islamabad . Couple have been living together happily ever after in Abbottabad, first in a rented house and then in their own house. Both love each other ever since they are married. Both do believe that love should not be openly expressed in public under strict religious and family traditions. Din and Bushra have been living together in Pakistan until11 July 2011 since married on 3 November 2011 is the result of their love to each other and birth of children has made that bond irrevocable. Whenever Din is away from Pakistan visiting UK , both are in regular contact on phone and skype/yahoo with each other. Din has been sending and spending his savings and income for the use and benefit of Bushra and his children in Abbottabad.. Bushra intend to live permanently with Din therefore ECO is wrong to assume that the marriage or civil partnership is subsisting 281(iii).


ECO says in his third paragraph of refusal ,

You claimed to have 4 children with your sponsor, however, you do not wish them to travel with you to the United Kingdom . You have provided little evidence regarding them or that the sponsor is indeed their father. However if this is true, I expect your sponsor to be able to support them. Based on Department of Work and Pensions figures the required amount of money needed to support a family consisting of a married couple and four children is £1,671.88 per month. Your sponsor has 4 children in the UK from another relationship, however, as they are over 18 , it appears that your sponsor has no financial link to them . This figure does not include accommodation costs. Your sponsor’s living costs are currently £600 per month. When considering the funds required for maintaining and accommodating you, your sponsor and additional family members it is apparent that your sponsor’s income is not sufficient to meet this cost. I am therefore not satisfied that you will be adequately maintained and accommodated in the United Kingdom without recourse to public funds. (281 (iv) (v).”


ECO has ignored Din,s verified monthly income of 1833.33 per month and his Pension at £4,305 per annum ( £358.75 per month ) is £2,192.08, which leaves £521.08 in exesas to £1,671.88 per month required for Couple with four children. Din is paying £200 per month rent for the flat inclusive of all bills per month. (page no.65, 82-92) in the bundle of documents. This figure is in excess to the calculation made by the ECO. A Welshman whose wife is not allowed from Mexico , says cost of living in Wales are less than the figures used by ECO.

Bushra and Din have no immediate plans for their children to join them as they are in a School which gives them religious education which they may miss if they come to UK early.

Din’s children are self supporting in Pakistan where they have income of two houses which were bought for them on the name of their step brothers in UK .

Din’s sons in UK have given their General Power of Attorneys to Din who has let out the houses for rents to be used for his Children in Abbottabad who will be well looked after by their grand parents and their other relatives therefore ECO wrongly concluded that Bushra will not be adequately maintained and accommodated in the United Kingdom without recourse to public funds. (281 (iv) (v).


Din has been self employed in UK since 1967 and never was unemployment or received housing benefit.

Din gave one house worth over 300,000 to his children in UK with the consent of his first wife. Din has served the Muslim Community in Cardiff voluntarily for many years. Din donated his voluntary services and use of

his 15,000 sq ft warehouse he used to own off City Road Cardiff to organise the Bosnian Muslim Relief for couple of years. ECO’s comment to his first wife and children are again due lack of his knowlege Pakistan’s culture and Din’s family background which is given in Din’s Sponsorship letter that he married his first wife in Quetta/Pakistan in 1960 who is his first cousin who joined him in 1965 in UK. Din’s 4 grown up and married children, 13 grand children, two brothers and a sister with their 13 children and 10 grand children live in Cardiff UK. Din wants to consolidate his family in UK . Bushra’s sistewr Mrs Salma Khan is married to one of Din’s close fried’s son who are well to do family in Cardiff . Salma and Bushra love each other and the couple lived with Bushra in her son’s house in Lahore . Bushra will live close to her sister Salma Khan in Cardiff .


Conclusion


The decision is unlawfulunder section 6 of the Human Right Act 1998(c,42)(Public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s convention rights. The ECO appears for all intent and purposes to have based his decision on a non reading of evidence submitted by the appellant at least reading of papers that bear the relevance to those submitted by the appellant. Alternatively, the ECO has misinterpreted the evidence submitted by the appellant in support of her application. The ECO has misdirected himself as to the burden of proof principle to the determent of appellant.This goes against the grain of the claim of the ECO that all documents in support of appellant’s application have been considered. IOt follows, therefore therefore , that the ECO has erred on reaching a conclusion on the appellant’s intentions and decision to refuse entry clearance is flawed. The appellant provided with her application numerous wedding photographs,progressive photographs of her children with spouse and many of her close relations. There was no need for appellant to show telephone card, messages and other means to show their regular contact when they were in fact living together all the time since marriage until 11 July 2011. While considering the documents and facts while making the decision and failed to analyse properly to reach to correct conclusion that the appellant and sponsor are in close contact, they are legally married, have legitimate children, and sponsor has shown the adequate income and accommodation to support his wife when she come to UK with or without her children.

Therefore it is submitted that the ECO is not in accordance with the law and the Immigration rules and goes against the United Kingdom ’s obligation under the European Human Rights especially those pertaining to enjoyment of family life





Expert:  INC replied 1 year ago.
Hi,

I have reviewed your grounds, and for a lay person, it is a very good effort. If you have submitted the above-mentioned grounds, you now have to wait for a Notice of Hearing. However, before you receive this, you will be asked to pay a fee, if you have not already.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

Many thanks
INC, Solicitor-Advocate
Satisfied Customers: 11509
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and 3 other UK Immigration Law Specialists are ready to help you

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    John Knox

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