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I am Egyptian have 52 years old ,working as General manager

I am Egyptian have 52...

I am Egyptian have 52 years old ,working as General manager in Balsharaf trading group in Riyadh-KSA and live as expatriot with my family in KSA SINCE 1992 . I have two sons studying in British school in Riyadh , the elder joined " City University " in London , studying Electrical and Electronic Engineering since Oct. 2012 . myself , mywife and my younger son had applied for UK embassy in Riyadh for Clearance to enter UK . Our Clearance had been refused by the embassy on the basis : I did not mentione in the application that we have no relatives or friends in UK , also my mail address was the agent mail address who made the application for me and not my personal mail address and we intented to visit UK for tourism , and our application refused in line with paragraph 320 (7A)of the immigration Rules of UK . Please advise what we can do to visit our son in UK and how can we re-apply for Entry clearance to visit UK ?


( It is mentioned in the Refusal of entry clearance : Your right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality , Immigration and Asylum Act 2002 (www.legislation.gov.uk) .

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Answered in 5 hours by:
3/28/2013
Alice H
Alice H, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2,850
Experience: Partner in national law firm.
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Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

What date was the decision made?

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Customer reply replied 4 years ago


Dear Alex,


 


Date of Refusal : 25/03/2013


I can send you the scanned refusal letter if you provide me with E-mail address or via WhatsApp . via phone number .


 


 

Thanks for the additional information. We can only communicate via this site.

Under the Immigration Rules, Paragraph 320 (7A) gives UKBA power to refuse an application where

“…false representations have been made or false documents or information has been submitted …or material facts have not been disclosed, in relation to the application”

A false representation for these purposes is a lie, or a false statement in a visa application, made either orally or in writing.

However, if this was an innocent mistake then sub paragraph (7A) will not apply. You could argue that although the statement in the application was false for the purposes of 320 (7A). Instead it should properly be described as a mistake.

However, in the face of the stark wording of the actual text of sub paragraph (7A), this would be at best a first line of defence but it would not be wise to rely upon this alone.

You ought to also rely on human rights grounds namely right to private and family life. Refusing an application to visit your son would be in breach of this right.

As you are seeking to visit the United Kingdom to see a “family member”, it can be argued that there would be an interference with your right to family life by refusing the opportunity to visit. It can then be submitted that the mistakes made with the e-mail address and information about other relatives is immaterial as the sole purpose of the visit is to see your son.

You can also argue that in light of the human rights issue reliance on 320 (7A) would be disproportionate to the legitimate aims of Immigration Control.

Finally, even if it suggested that the information in the application was present “intentionally” rather than “accidentally” or “by mistake” – the consequences of a ban entering the UK would have severe consequences. It would mean that under paragraph 320 (7B) you would not be able to enter the UK for a very long time thus depriving the opportunity to visit and support your son through his studies.

This will be a highly relevant consideration for the degree of interference with family life which is likely to follow from the refusal, and the proportionality of that interference.

As the decision was made very recently you should ask for a review based on the factors mentioned above namely (a) honest mistake and (b) violation of human rights. If the review is unsuccessful you will have to consider an appealing their decision to the Immigration Tribunal Service in London.

I hope this helps. Please remember to rate my answer and I will be happy to assist further.

Alex

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Customer reply replied 4 years ago

Dear Alex, Thanks for your advise , Please be informed that I mentioned in the application purpose to visit UK : is Tourism and not visiting my son , now Shall I re-apply on line for UK Entry clearance via the UK embassy in Riyadh and send them all related documents to the presence of my son in UK ? with all correct information.


 


Is it advisable that I have to write down a letter ( separate from re-application )to the UKBA in Riyadh explaining and driving my defence as indicated in your above mentioned feed back ?


 

Thanks for the additional information. I assumed your original application was for the purpose of visiting your son. I apologise for my error.

You can make a fresh application but it will probably be refused due to the 320(7A) decision. It would be better to appeal the current refusal and get the decision overturned.
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Customer reply replied 4 years ago

Is there any official form for this appeal , or it is just a formal letter signed by myself ?


To whom shall I address this appeal ?


 


In your experience , do I still have the propability to get this decision overturned after sumitting such appeal as indicated by your answers to me ?

Please remember to rate my answers.

I will obtain the contact details in the meantime and the forms.
Alice H
Alice H, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2,850
Experience: Partner in national law firm.
Verified
Alice H and 87 other UK Immigration Law Specialists are ready to help you
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Customer reply replied 4 years ago

Dear Alex , Thanks very much for your valuable advise , please send me a mail with contact details and the forms to be used in this regard .


Best Regards,

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