UKBA got it wrong( extended family member)

I applied for RC as a dependant of eu national exercising treaty right in uk on 17th of seb. 2008 and it was refused with no right of appeal on the 22nd feb. 2010.
The only reason given for refusal was that the DNA evidence we submitted states that i and my brother are not related.The result of the DNA states that the probability of relationship between us is 84.3%. i called the dna laboratory to confirmed UKBA claim and i was told that the result was inconclusive and it has to be over 90% for the result to be conclusive and we need to do an extended study on the DNA. We produce our birth certificate to UKBA which clearly states that we have the same father and mother but the application was still refused based on the DNA as we have met all the other rules for the issuance of residence card to Extended family member ie i've lived with my brother in Germany before moving to UK and we still live under the same roof in UK, all this was not disproof in the refusal letter its just the DNA that was the only reason for refusal. what can we do in this situation we actually have the same father and mother please your advice will be appreciated.
Thanks.

If those are the rules then those are the rules I'm afraid. Birth Certificate proves very little especially if from a third-world country where forgery and corruption abound.

Try another DNA test? Why was a DNA test requested? What is your country of origin, and what is your age and reason for dependancy?

Wanderer wrote:Try another DNA test? Why was a DNA test requested? What is your country of origin, and what is your age and reason for dependancy?

Indeed, get another DNA test. I am very wary of these precise probabilities, especially if the assumptions are not stated. Does 90% mean that 1 in 10 people would pass as your brother?

Anyway, there are a number of different DNA tests methods available, that can give slightly different results. It is worth trying a different test using a different method - a doctor should be able to explain the details.

Wanderer wrote: Birth Certificate proves very little especially if from a third-world country where forgery and corruption abound.

This conclusive statement is very narrow minded as the alleged forgery and corruption is not limited to third world alone.
It is a clear afront to modern world and a false accusation to third world nations.

brownbonno wrote:

Wanderer wrote: Birth Certificate proves very little especially if from a third-world country where forgery and corruption abound.

This conclusive statement is very narrow minded as the alleged forgery and corruption is not limited to third world alone.
It is a clear afront to modern world and a false accusation to third world nations.

Is it? I disagree. I travel to Russia quite often, not even third-world, a so-called emerging nation and I can get any permission/certificate I like, even a diplom with out any problem just a bit of cash.

But it's not me u have to convince, it's the ECO and he knows the score as well as I do.

Wanderer wrote:

brownbonno wrote:

Wanderer wrote: Birth Certificate proves very little especially if from a third-world country where forgery and corruption abound.

This conclusive statement is very narrow minded as the alleged forgery and corruption is not limited to third world alone.
It is a clear afront to modern world and a false accusation to third world nations.

Is it? I disagree. I travel to Russia quite often, not even third-world, a so-called emerging nation and I can get any permission/certificate I like, even a diplom with out any problem just a bit of cash.

But it's not me u have to convince, it's the ECO and he knows the score as well as I do.

That is my candid point,such acts is not limited to the third world alone.Since you can get whatever in Russia,without an effort is your great achievement.We should discourage such behaviour all over the world.

brownbonno wrote:

Wanderer wrote:

brownbonno wrote:

Wanderer wrote: Birth Certificate proves very little especially if from a third-world country where forgery and corruption abound.

This conclusive statement is very narrow minded as the alleged forgery and corruption is not limited to third world alone.
It is a clear afront to modern world and a false accusation to third world nations.

Is it? I disagree. I travel to Russia quite often, not even third-world, a so-called emerging nation and I can get any permission/certificate I like, even a diplom with out any problem just a bit of cash.

But it's not me u have to convince, it's the ECO and he knows the score as well as I do.

That is my candid point,such acts is not limited to the third world alone.Since you can get whatever in Russia,without an effort is your great achievement.We should discourage such behaviour all over the world.

Well we agree then.

But my point is the UKBA will only trust bone-fide sources when issuing a visa, you've not said from where you originate but my guess would be it's from a country who's documentation cannot be trusted, hence the DNA requirement, and hence no emphasis placed on your birth certificate.

So the DNA test is realistically ur only hope - try another like I said.

Wanderer wrote:If those are the rules then those are the rules I'm afraid. Birth Certificate proves very little especially if from a third-world country where forgery and corruption abound.

Try another DNA test? Why was a DNA test requested? What is your country of origin, and what is your age and reason for dependancy?

Wanderer are you sure of this????, i find this statement abusive, as abig numberof board members come from third world.

Wanderer wrote:

brownbonno wrote:

Wanderer wrote:

brownbonno wrote:
This conclusive statement is very narrow minded as the alleged forgery and corruption is not limited to third world alone.
It is a clear afront to modern world and a false accusation to third world nations.

Is it? I disagree. I travel to Russia quite often, not even third-world, a so-called emerging nation and I can get any permission/certificate I like, even a diplom with out any problem just a bit of cash.

But it's not me u have to convince, it's the ECO and he knows the score as well as I do.

That is my candid point,such acts is not limited to the third world alone.Since you can get whatever in Russia,without an effort is your great achievement.We should discourage such behaviour all over the world.

Well we agree then.

But my point is the UKBA will only trust bone-fide sources when issuing a visa, you've not said from where you originate but my guess would be it's from a country who's documentation cannot be trusted, hence the DNA requirement, and hence no emphasis placed on your birth certificate.

So the DNA test is realistically ur only hope - try another like I said.

How sure are you about your statements wanderer??? how many such cases have you come across! this is just one in hundreds. Perhaps UKBA had some other reasons to doubt, thats why they requested for DNA tests.

Besides, they can't even trust DNA tests, then what are they gonna trust?

Brown212 wrote:I applied for RC as a dependant of eu national exercising treaty right in uk on 17th of seb. 2008 and it was refused with no right of appeal on the 22nd feb. 2010.
The only reason given for refusal was that the DNA evidence we submitted states that i and my brother are not related.The result of the DNA states that the probability of relationship between us is 84.3%. i called the dna laboratory to confirmed UKBA claim and i was told that the result was inconclusive and it has to be over 90% for the result to be conclusive and we need to do an extended study on the DNA. We produce our birth certificate to UKBA which clearly states that we have the same father and mother but the application was still refused based on the DNA as we have met all the other rules for the issuance of residence card to Extended family member ie i've lived with my brother in Germany before moving to UK and we still live under the same roof in UK, all this was not disproof in the refusal letter its just the DNA that was the only reason for refusal. what can we do in this situation we actually have the same father and mother please your advice will be appreciated.
Thanks.

Hi everyone, The DNA laboratory has used another method to do the DNA test and the result is now conclusive stating that I'm 99.9% related to my Brother, I saw this on UKBA caseworker manual chapter 5 "Where the refusal of the Residence Card is on the basis of not being satisfied that the non-EEA national is a family member of an EEA national, but the applicant later produces conclusive evidence to prove they are a family member, reconsideration of the decision to refuse a Residence Card is appropriate. Caseworkers must, however be, satisfied that the EEA national is still exercising their Treaty Rights in the UK at the time of reconsideration." Do you think this is applicable to my case because we about to write to the Home office for reconsideration.
pls advice.
Thanks

Why not? Now you've got conclusive evidence that should counter the reason for refusal. I will say go for it bruv!

Now throw the conclusive 99.99 DNA results in their face.

Good luck!

To be fair, if Jeremy Kyle were in charge of the UKBA things like this wouldn't happen.

He'd do your DNA test, slap the results in your face and do a lie detector test while he's at it.

No right of appeal with Kyle.

Ben wrote:To be fair, if Jeremy Kyle were in charge of the UKBA things like this wouldn't happen.

He'd do your DNA test, slap the results in your face and do a lie detector test while he's at it.

No right of appeal with Kyle.

Hahahaha. And after that he might take u to watch a West Ham match... well as a consolation. Lol