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Misrepresentation

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dekaf
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Misrepresentation

Post by dekaf » Wed Mar 18, 2015 2:25 pm

can anyone help out with an issue of misrepresentation of family tie. Secondly is it a criminal offence or not.

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Re: Misrepresentation

Post by CR001 » Wed Mar 18, 2015 7:38 pm

You would need to provide a bit more detail on the circumstances for anyone to comment or give advice.
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Re: Misrepresentation

Post by dekaf » Wed Mar 25, 2015 11:37 am

CR001 wrote:You would need to provide a bit more detail on the circumstances for anyone to comment or give advice.
thank you its a long story,

i was suppose to be in UK Nov 2011 for my cousin graduation but my visa was not approved until the graduation was over,

I was advised by my cousin (family friend) to postpone my visit till February 2012 since I couldn't make it for the graduation, he said by then (2012) he would have applied for his annual leave from work and his wife also would have put to bed late November 2011.

I finally made the trip on the 23rd of January 2012. Upon my arrival at Heathrow airport, The UK board agent asked for my purpose of visit, I told her I am on a visit to my cousin and his family, she asked where my cousin lives, I told her he lives in Hampshire, (sincerely I didn't no differences between London and Hampshire, because he had always mentioned Hampshire, Portsmouth and isle of Wight in our phone conversion) She also asked what my cousin does, I said a sales administrator (I sincerely said that out of confusion instead of bleble.)

I was asked to step aside, my passport and other documents I had with me was retained. I was taken to where my lodges were to pick them up and it was thoroughly searched, she asked how much money was on me I told her 1400pounds and I also have my master card with me, I was asked to sign some forms and later my finger print was taken and my eye whatever too was taken. I was later taking to a wait area where I saw other people waiting to be questioned I guess. I was asked to drop my phone and every other thing I had on me. I met another Nigerian who told me that I am been detained. He advised me there to call my cousin and alert him of what was going on which I deeded. I had to use some of my money to buy call units which I use to call him on a pay phone inside the so called detention area.

I was later transfer to another man who put me through all kind of test and further questioning for so many hours. The man asked me of my relationship with the cousin’s (family friend), I told him is my cousin. He asks of my employment, education and marital status of which I answered him without mixing words. He told me he had called the hotel i booked to stay in London and the hotel reservation has been cancelled (I sincerely don’t know any about this), he also told me he had called my claimed cousin and that even though my cousin admitted that we are cousins but my cousin still said we are not cousin.

he said my visa has been cancelled and I will be deported back to Nigeria the next day even after answering all his questions, he told me that my hotel booking as been cancelled, that all my answers are just about the same story they hear every day from Nigerians. I tried convincing him that I am a different individual that my purpose of visit is strictly on visit and not to come and be a boarding to people and government of United Kingdom.

But to my surprise I was told they've spoken to my cousin and I will be given a temporary leave to remain and appeal against the cancellation. I was given another form to sign and some papers showing I was under detention and I am still on watch. I signed and was released.
I never bother going to the hotel I booked for since I was told that it has been cancelled, I went with my cousin to his house in Portsmouth where I stay throughout my stay expect for a in isle of Wight when i visited cousin’s family. my cousin approached an immigration lawyer to find a way out of the whole matter sorted out in sever day, which we were told it’s not certain, he gave me options of extending my stay to appeal or return to my country (Nigeria) and appeal from home. Since i have my job back home and i do not have the luxury of time to stay out of work and my family dependent will be worried. i return and appealed from home.

As at the time I send my first appeal form I applied for an oral hearing with the hope my cousin will be available for the hearing. But unfortunately he declined the he wouldn't be able to make it for the hearing. I tried all I could defending myself but to no avail. at the end my appeal was turned down up holding the ECO ground of “I have looked at all the evidence in the round and I am satisfied that the respondent was correct in refusing this application under the provisions of paragraph 321(A). I am satisfied that had the entry clearance officer been aware the relationship between the appellant and his claimed cousin was not as the appellant had said the entry clearance officer would not have issued the appellant a visa after having been told by the appellant that there was a genuine family relationship. I am satisfied that the appellant has made false representations in regards to his applications in regard to his application because he knew at the time he made the application that he was not related to Mr. xyz as he has claimed”.
After the appeal determination I met with my mum and she explain the true relationship between the two families to nothing but a mere friendship, of which I is not open to me and Mr. xyz

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Re: Misrepresentation

Post by CR001 » Wed Mar 25, 2015 7:30 pm

Ok so out of all of that, what is it that you are aiming to achieve or trying to find out?

Nothing illegal or criminal as far as I can see.
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Re: Misrepresentation

Post by dekaf » Wed Apr 01, 2015 9:07 am

CR001 wrote:Ok so out of all of that, what is it that you are aiming to achieve or trying to find out?

Nothing illegal or criminal as far as I can see.

thank you, i wish to appealing against the last ruling at a higher level and i will need a legal advice on that. i also intend applying for a visiting visa with my wife and daughter next summer. i hope my previous entry cancellation will not affect my family application?.
thank you.

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Re: Misrepresentation

Post by manci » Wed Apr 01, 2015 11:35 am

read this about appealing to the Upper Tribunal:
https://www.gov.uk/upper-tribunal-immig ... -to-appeal

Your appeal to the First tier tribunal was unsuccessful because the tribunal agreed with the HO that you made a false representation by claiming that a family friend in the UK was in fact your cousin.

Assuming there were no other grounds for the refusal, and you are not out of time, a further appeal could possibly be on the basis of providing evidence that in Nigeria the terms brother, cousin, uncle, etc. are used in a much looser sense than in the UK, not always expressing actual family relationships, and although you were incorrect referring to the family friend as a cousin, you were not dishonest.

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Re: Misrepresentation

Post by dekaf » Fri Apr 03, 2015 7:40 am

manci wrote:read this about appealing to the Upper Tribunal:
https://www.gov.uk/upper-tribunal-immig ... -to-appeal

Your appeal to the First tier tribunal was unsuccessful because the tribunal agreed with the HO that you made a false representation by claiming that a family friend in the UK was in fact your cousin.

Assuming there were no other grounds for the refusal, and you are not out of time, a further appeal could possibly be on the basis of providing evidence that in Nigeria the terms brother, cousin, uncle, etc. are used in a much looser sense than in the UK, not always expressing actual family relationships, and although you were incorrect referring to the family friend as a cousin, you were not dishonest.

@manci thank you for your candid advice. In truth, after the outcome of my appeal, I made further findings of the relationship between me and my cousin and discovered that we truly not cousins discovered the my cousin is aware that we are not cousins I will have to say we are not cousin, rather it is an old king raged relationship that has metamorphosed into a family like relationship. It is difficult for me to further explain this.
I will like you or any person here to assist me on how to explain this in preparation for my next application, as I will not want this to affect my wife and my daughter’s application to visa UK next summer.

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Re: Misrepresentation

Post by manci » Tue Apr 07, 2015 9:31 am

Since you left the UK voluntarily in 2012 a ban on re-entry would be for 1 year in case it was found that you made false representations and 10 years in case it was found that you used deception.

IMHO you were only subject to the 1 year ban.

To confirm this it would be useful to get a copy of your immigration file (SAR request):
https://www.gov.uk/government/publicati ... mmigration

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Re: Misrepresentation

Post by Greenie » Tue Apr 07, 2015 2:31 pm

A false representation is deception unless the applicant can prove that they were unaware the representation was false. It will be difficult to prove that the applicant was not aware of the true nature of his relationship to his 'cousin' he is therefore likely to be subject to a 10 year ban since the alleged deception was used in an application for entry clearance.

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Re: Misrepresentation

Post by manci » Tue Apr 07, 2015 4:54 pm

delted
Last edited by manci on Tue Apr 07, 2015 5:00 pm, edited 1 time in total.

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Re: Misrepresentation

Post by manci » Tue Apr 07, 2015 4:59 pm

The OP claims that he wasn't aware that the representation was false. A pointer in this direction may be that in Nigeria the expression of family relationships is not as precise as in the UK. For example, somebody not related to a person but belonging, say, to the same ethnic group may well be called a brother or cousin. This could have been argued at the FTT hearing and may be argued in an appeal to the UTT if that was still possible.

Also, the OP got temporary admission which he probably wouldn't have got had it been a clear case of deception.

Another alleviating factor is that the OP applied for, and obtained, entry clearance as a general visitor for which he didn't have to rely on a family relationship and didn't have to submit documents to prove the relationship. He was invited to attend the graduation of a family friend who he mistakenly called a cousin.

Since this is not a clear cut case I suggested that in the first instance the OP obtains his immigration records.

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