PSW REFUSED : FAILURE TO DISCLOSE MATERIAL FACTS

Hi All,

I applied for PSW on 24 Sep and I got my passport back on 24 Oct. I have been awarded all 95 points for my application. But due to my negligence i.e. I did not disclose my traffic offence, which happened last year in sep. I was tried in court and I paid all the fines due on it. However, the HO has refused my application stating i did not disclosed material facts to the application. I have been given the right of appeal.

Can somebody please advise me that, in my case will the judge will consider if I say, that this was not intentional and that it was inadvedent that I forgot to write in my application.

Please guys, i need to know, are there any chances of my case to be re-considered?

I would appreciate if anybody can help me in this regards!

If the driving offence was driving without a valid licence and hence also no insurance you will not get through the appeal process.
What was the offence you went to court for?

the offence was I was driving on a provisional licence and there was no insurance. However, I explained to the magistrate that it was only a day or two since I purchased the vehicle. I was fined £650 and was banned from driving for six months.

Since then, I did not drove any vehicle. This is the only traffic offence which i failed to disclose in my application and I am very worried now; will the immigration tribunal not consider my appeal since I am given the right of appeal when my application was sent back. They have also provided me with the form.

You will get an appeal, you are entitled to an appeal, just don't expect to win the appeal. The appeal forms go out with every refusal with a right of appeal and the tribunal will grant an appeal if one is available in law. So do not take any inference that the appeal will be successful from either event.

Driving without a licence or insurance is now considered a serious offence in relation to immigration matters. The fact you did not disclose your offence makes things far worse. Your story will not cut any ice with the IJ; it is a very common excuse and regardless of the veracity will not excuse you from the position. The view now held is that you are not obeying the law of the land and are putting life’s and property at risk, expect to get mauled in court and a very negative determination.

Yes I agree, but can't I get one chance to justify that it was a human error on my part that i forgot to disclose the offence and since then I have abided by the rules.

Isn't there any chance of my case to be re-considered ?

The thing is, it is not human error that you drove the vehicle without a licence or insurance. Even if you had declared the offence you would have been refused by the very nature of the offence. You are in a lose / lose situation.

There are a good few posts on the forum in general immigration that reflect the same circumstances. Refused on the offence alone when disclosed and those refused when not disclosed. I do not think you will find a sucessful appeal in any of those posts.

You have nothing to lose by trying. Suggest you do not spend much or anything on legal representation.

Out of interest did the refusal make any reference to Immigration Rule 320(11)?

True... thankyou very much for your swift response. Yes they did make a reference but it was to paragraph 322(1A) of the immigration rules.

The deception rule.
Do you realise that is a 10 year mandatory ban? If you try to apply for any kind of leave or entry to the UK in the future you will automatically get a refusal.

Essentially you have until the end of your current leave period and that is it. Have you considered that?

Your appeal is now more important but the outcome will have far greater impact. Perhaps you do want to get a very very good legal rep and spend the money if you have any long term plans for being in the UK. If you do not have any long term plans then my previous advice still holds good.

I am taking a guess you are from an English speaking country? What are your prospects on return?

My Leave expired on 30 Sep 2008; If I appeal to the tribunal, can I live in the UK until the decision is made ?

The deadline to my appeal is 10 Nov 2008. I had long term plans to live in the UK but now everything seems to be shattered. I am not getting any help from legal rep but I intend to appeal on my own stating the reason. However, I feel that this would be of no use but still I dont want to regret of not doing so.

About my future prospects upon returning my home country.. I have'nt imagine of being in that situation .. so I dont know what am I gonna do.

I am from India.

Appeal as it will allow you to remain and carry on working until it is decided. Rule 3(c)
You have nothing to lose, might as well do it.

Yeah go for the appeal and see what happens. Bear in mind that you committed a serious offence. And whilst it may be hard for you to go back to home realise you didn't think about the people around you when you got in to the car. So, why should a judge allow you to stay here? That is what you need to ask yourself?

Given the recent ruling about changing courses I would not be worried about what you have done. There could be a question as to your inability to progress in ACCA however you have moved on and by all accounts ( Laughing ) you are progressing well in the new course. I think you should be ok when you renew.