Judical Review

abbasi738 wrote: ↑

Mon Dec 25, 2017 6:09 am

i have a really straight forward case, all the well documented verifiable facts support my application 100% but the decision maker decided to rely on a single completely misquoted statement from the interview.
I have a 10 years multiple visa which i haven't used in the last 3 years, why do i need a work visa in the first place? if i didn't have any intention to work for XYZ, how do you explain that? i am not related to the employer in any way, i have worked for them before while i was on my work permit, i am well qualified and have substantial work exp, been travelling to uk since 1999, the list goes on and on.
in the interview i told them that we have been intouch, as in once a year usually over new years just to exchange pleasantries, like happy new year or happy holidays etc and the interviewer claimed i said he would offer me the job every year over new years, which was just a completely misquoted statement. The employer has a sponsorship license and certificate. i was just wondering if the home office has the actual recording of the interview?
Furthermore, in the initial refusal, the decision maker said he was not convinced that the employer contacted the applicant without elaborating on the reasoning, hence denying me any opportunity to address the decision makers concerns for the admin review, if only the decision maker had specified his concerns then the I would have had the opportunity to clarify any ambiguities while filling for the administrative review.
The discrimination here is outrageous, they blatantly ignored all facts and just decided on a single completely misquoted statement.
plz advice if i should file the pre action protocal and how would that help, also how should i proceed with the judical review.
regards

• Provide your complete immigration history

• Your current UK visa status

• What visa is refused?

the sole bases for refusal was the phone interview by the homeoffice, in the interview i told them that we have been intouch, as in once a year usually over new years night just to exchange pleasantries, like happy new year or happy holiday

interviewer claimed i said he would offer me the job every year over new years, which was just a completely misquoted

Furthermore, in the initial refusal, the decision maker said he was not convinced that the employer/sponsor contacted me and offered the job(as in its bad quality) without elaborating on the reasoning(why does he think so), hence denying me any opportunity to address the decision makers concerns for the admin review after the initial regusal, if only the decision maker had specified his concerns then the I would have had the opportunity to clarify any ambiguities while filling for the administrative review.

Does home office has voice recordings of interviews conducted over the phone for tier 2 visas? or is it just written transcripts as in notes taken down by the interviewer

2: I want to let them know we are not just challenging their decision rather their integrity, the fact that they blatantly ignored all facts shows outrageous discrimination, should i challenge the home office decision on facial grounds?

i think you got me all wrong, we did not exchange any gifts, i stayed intouch with my employer like once a year as you do with your university professors and other employers that you have worked for, i repeat we simply stayed intouch as in once a year and did not i repeat did not exchange any gifts, it was merely a phone call or text saying happy new year.

secondly, the employer has been conducting RMLT for over a year now and could not find anyone suitable for the job, it was a rather complicated job role so after a year of searching they decided to hire someone from abroad.

the interviewer claimed that i told the interviewer that the sponsor offered me the job every year which i did not, the interviewer is completely misquoting me. this was their bases of the refusal something i simply did not say.

does home office has voice recordings of the acutal interview conducted over the phone? or do they just take notes of the interview, the interviewer is simply misquoting me.

furthermore, since i already have a 10 years multiple visit visa so why do i need the work visa to begin with? if i had no intention to work for my sponsor, why not just use the visit visa which i haven't used in the last 3 years?

finally and more importantly, in the initial refusal all the decision maker said was that he was not convinced and did not say anything at all about his concerns or even point out why he felt that way so i wasn't given any opportunity to address his concerns, if he had mentioned his concerns in the intial refusal i could have clarified any ambiguities in the AR.

What he was not convicned about??