Visit Visa Judicial Review

[Karu]

Hi all

I need some help regarding my Brother-in-law's visitor visa which he applied twice and got rejected.

My BIL lives alone in INDIA and has Sister (only living immediate family as both parents passed away) living with me in UK.
He is working in Govt Sector earning 17,000 INR per month. His has total assets worth 2.48 Crores and provided all the documents (official and financial) while applying for a visitor visa.
In both the refusals, Visa officer is not satisfied with his domestic and economic ties to India and stated it is not sufficiently strong enough to ensure he leave the UK at the end of visit.

He just wants to visit us for 3-4 weeks but his visa got rejected. Following are the refusal letters.

Can you please suggest(based on refusal letters) if it is worth trying one more time?
We went for administrative review after refusal but it was also not considered. Is it worth going for judicial review and what are the chances of success?

Decision - Refusal Letter 1 (applied in June 2016)

I have refused your application for a visit visa because I am not satisfied that you meet the requirements of paragraph(s) V4.2 of Appendix V: Immigration Rules for Visitors because:

Whilst you have provided evidence of your sponsor in the UK and his ability to provide accommodation, I must take into account your personal and economic circumstances in India when coming to my decision. You have told us that you are a clerk earning Rs16000 (£159.89 at a rate of £1=Rs99.80) per month. You have stated that you spend Rs25,000 (£249.84) per month on living costs. You state that you have Rs250,000 (£2498.40) available for your trip. This amounts to over 15 times your monthly income, which I do not find a credible amount to spend on a trip to the UK in these circumstances.

I am not satisfied that you intend leave the UK at the end of your visit, that you will not live in the UK through frequent or successive visits, or that you are genuinely seeking entry for a purpose that is permitted by the visitor routes. This means that your application for a visit visa has been refused under paragraph V4.2 (a-(c).

Decision - Refusal Letter 2 (applied in November 2016)
I have refused your application for a visit visa because I am not satisfied that you meet the requirements of paragraph(s) V4.2 — V4.10 of Appendix V: Immigration Rules for Visitors because:

• You have stated that you intend to travel to the United Kingdom for 21 days in order to visit your sister and brother in law and I have recognized the importance of family visits in assessing your application. I have noted the letter and accompanying documents from your brother in law indicating they will be responsible for the costs of your visit to the UK and I am satisfied that they are in a position to do so. However the onus is on you to qualify for entry clearance based on your own circumstances and your own intentions. Although your sponsor will help you with this visit that is only one aspect of the visitor rules and this sponsorship does not satisfy me of your own intention to leave the UK on completion of your visit.

• I note that you were previously refused a visa to visit the UK on the 24/06/16 (ref: 4070286) as the Entry Clearance Officer (ECU) that assessed your application was not satisfied regarding the disproportionate costs of your visit in relation to your earned income. I have noted the contents of your supporting letter with this application however 1 am still not satisfied you have adequately addressed the concerns of the previous ECO that dealt with your case.

• You stated in your previous application that you personally would meet the entire costs of your visit, whereas in this application you are now stating that these costs will be met by your brother in law and this undermines the credibility of your application. I also note you have provided copies of remittances indicating funds sent to you from the UK since December last year and this indicates you are reliant additional financial support in addition to your paid employment. You have provided savings books showing that you are a joint account holder of funds held with your sister in the UK however I am not satisfied that these funds are available to you. You have provided copies of your income tax returns however these are self declarations that have not been officially certified and therefore do not adequately evidence your declared income or tax paid.

• You have stated that you are single without dependents and that your earnings from employment amount to INR 17,199 (£204) per month after tax. Given your personal circumstances and your income and given that you appear to be reliant on funds sent from the UK, I am not satisfied your domestic and economic ties to India are sufficiently strong enough to ensure you leave the UK at the end of your visit

• In light of the above, I am not satisfied that your intentions are genuine in wishing to travel to the United Kingdom now. I am not satisfied that you are genuinely seeking entry as a visitor or that you intend to leave the United Kingdom at the end of the period of the visit as stated by you. Paragraphs V4.2 (a) (c)

• Your application for a visa has therefore been refused. Paragraph V4.2 (a) (c)


Thanks
Ripan

[Wanderer]

u can only appeal on discriminatory grounds.

[monty87]

@ Karu

Judicial Review is the only remedy to challenge HO Decision however reading through refusal letter, I don't think there is much chance as visit visa's are discretionary and also take into account applicant current circumstances, previous travel history and sufficient ties to home country.

From experience, its very hard to get family visit visa for someone who is single, on low income, dependant on financial support from UK as well as do not hold financial ties/business/investments to home country. I have seen cases where visa has been granted to married husband or wife at a time as it is considered a substantial ties to come back due to family ties to their home country. You can apply again with legal declarations to make sure visitor will go back to India after visit as well as may be use a guarantor. You will also need to highlight why family visits cannot be conducted in home country or any other country. I would suggest to read visit visa caseworker guide before applying.

https://www.gov.uk/government/uploads/s ... s-v5_0.pdf

[Frontier Mole]

There may, stress may, also be a background concern as to how either you or your sister gained status in the U.K.
If it was nice and straight forward for both of you then it will not be something they will be looking at.
However if either of you achieved status through HR / asylum or through the appeals process then there will be a suspicion that your brother may attempt that route once in the UK.

Going for JR to challenge the previous refusals is a high cost / high risk option. There is not a presumption that there is a right to visit the UK and given the circumstances outlined there is little to suggest any likelihood of success.