Thanks for reply..
https://www.gov.uk/government/uploads/s ... e_0415.pdf
Point No :7
If you have submitted:
•A sequence of documents, and some of the documents in the sequence have been omitted (for
example, if one bank statement from a series is missing);
•A document in the wrong format;
•A document that is a copy and not an original document.
we may contact you or your representative in writing, and request the correct documents
Found something, based on above pbs policy guide paragraph 7 of below statement, i would like to apply the administrative review stating, as HO haven't given the opportunity to submit the missing statement and i will submit missing evidence.
What's your thought, will they consider above point in the AR? Guru's .. Please advise..
Any idea, how to submit the missing evidence in AR?[/quote]
Hi,
in similar cases the Judges had put remarks that "the evidential flexibility process instruction was not designed to give an applicant the opportunity first to remedy any defect or inadequacy in the application or supporting documentation so as to save the application from refusal after consideration. It was to be noted that requests for information were not to be speculative and that there had to be sufficient reasons to believe the evidence existed. Accordingly, the Secretary of State was under no obligation to afford any of the appellants such a chance to supplement any documentation supplied before refusing their applications. "
Under a famous case law Manish Mandalia (Appellant) v Secretary of State for the Home Department (Respondent) Case ID: UKSC 2014/0059
Mandalia is from India. He entered the UK on a student visa in 2009. When he applied for further leave to remain as a student in February 2012 he was required by the relevant Immigration Rules to accompany his application with bank statements covering a 28-day period that demonstrated a minimum continuous balance of £5,400.
The bank statements he supplied with his application showed a credit balance in excess of £11,000 throughout. However, Mandalia made a mistake and provided statements covering only a 22-day period from 29 December 2011 to 19 January 2012. He complained that the Home Office did not apply its “evidential flexibility” policy to him. Upper Tribunal Judge Martin did not deal with any evidential flexibility policy arguments. Under the policy Mandalia would have had a chance to correct his mistake before his application was refused and a decision to remove him was made.
The case was heard in supreme court but no decision is yet announced. so untill we have a new ruling this point only may not go in your favor if you can prove that you have sent the bank statements to them.
Again, I am not an expert here so Seek some professional guidance.
Have you consulted one yet?
Regards,[/quote]
Thanks Naveedl.. I got above information from professional lawyer, he saying based on policy point 7, will lodge for Administrative review.. Not sure whether i have to take this route or not?
Throw me some light, as i haven't received any original doc's from HO. If i take the POE appointment in cardiff(Earliest date available), with new application and with new set of bank statements with HO case letter. whether PEO case officeer give approval decision on same day or they have send to HO office again for verification. And how long it's take them to send us the original doc's i.e passport etc ? please advise..
