Tier 1 Entrepreneur Refused - Deception 322(1A) - No ROA

My partner's Tier 1 Entrepreneur Visa have been refused and HO is claiming 'Deception' under 322(1A) where falsified bank statement was used for Maintenance money purposes from an overseas bank. Moreover, No right of appeal is given, but is given all the rest of the points (75 for funds, 10 for English). Application was refused after 7 months.

UKBA Enforcement Officers came to our house on 9th July 2014 and told him that he used deception and they are officially arresting him. He did ask that he did not get refusal or anything which could prove that, but he was told by one officer that his application was refused a month ago (which cannot be true because on 20th of June, he called HO and asked for status of his application. They told that it's still in process). He was then taken to temporary detention centre where he was officially served with Notice of Decision (Refusal had a date '9th July 2014' written by hand. Moreover, his refusal stated that 'There is no right of appeal'... that's it. No reason as to why there is no right. He submitted his application in-country and 3 months before his visa was expiring) and some 'IS151', 'IS151 Part 2' and 'IS86'. He asked for that same officer who arrested him, but was told that he is not available. Then, he requested for a phone call to his solicitor which was also refused. Then, he was handcuffed and taken to some Immigration Removal Centre where he was told that he could be removed from UK any moment. All of this was happening on 9th of July.

His bank statement is absolutely genuine and there shouldn't be any issue. We have received confirmation from that bank (via our bank manager) that no verification request came through us. We have also gotten this in letter from bank which is dated 11th July 2014.

We filed for a request from Tribunal to give Appeal Rights in this case with reference to Section 82 of Nationality, Immigration and Asylum Act 2002 and on 17 of July, we received letter for 'Right of Appeal' from Tribunal. However, we received another letter from Tribunal after few days, stating 'Notice of Appeal for Preliminary Issue' where HO is claiming that appellant has not right of in-country appeal.

Need expert advice and help in this regard from all the Gurus.

Thanks in Advance!

If his leave was curtailed or has expired, then he should have the right of appeal.

There are some circumstances with removals, where there is no in-country right of appeal.

Unfortunately, the Immigration Act 2014 may limit in-country rights of appeals.

See also Document Verification Reports are not secret materials.

Thanks for the reply vinny

His leave was not curtailed or expired. He filed for his switching of T1E visa in 8 November 2013 whereas his visa was expiring on 12 February 2014. So, it's an in-country right of appeal.

I've heard many people getting refused by UKBA on deception in past few years, but never have they treated anyone like this where a subject is first detained before he was even given Notice of Decision.

We will also get details in SAR on Monday and see what procedures were followed and when had they come up with conclusion that this bank statement was falsified.

This is absolutely draconian where you never give chance to another person to let him tell his side of the story. How can they expect him to fight his case in court when they remove him from the UK? Deception is a serious allegation which will have future repercussions on his immigration history and travel. Similarly, HO was also deceiving him when he inquired about his status of application on 20th June 2014 and was told that his file was under process.

Note: we have been told by a couple of solicitors that Immigration Act 2014's appeal issue is going to come into force from 28th July 2014 and onwards. So, anyone who received their notice of decision earlier than that date ... should get appeal rights within country. Here is the link : http://www.freemovement.org.uk/immigrat ... ent-order/

I think so you can submit your case in high court for appeal right.And can apply for bail.

maria1992 wrote:Similarly, HO was also deceiving him when he inquired about his status of application on 20th June 2014 and was told that his file was under process.

Well the Home Office were hardly going to tell the truth were they...

Applicant: Is it my case still under consideration?
Call centre worker: Well, it says here that we think your documents are false and that on July 9th you'll be arrested, please make sure you stay at home that day.