At last received the determination letter after a long wait (Decision taken 06/02/2014 and been told that it was sent on 06/02/2014 but nothing received and keep after keep chasing them everyday both myself and Solicitor they apologised and said letter was not sent on 06/02/2014 and was sent yesterday and we have received it today) and Alhamdulillah its allowed under the Immigration rules. No anonymity direction is made.
The Exact wording were "In the circumstances therefore, having considered all of the documentary evidence submitted and the oral evidence of the both Appellants I am satisfied that they have genuinely established the business (Business Name) and genuinely intend to invest £50,000 into that business"
Decision:
The appeals under the immigration rules are allowed.
Fee Award:
I have allowed the appeal on the basis of evidence before the Respondent at the date of the decision and I allow each Appellant fee award of £140.
from the above decision what I understand is that appeal allowed and Judge simple ask to issue the visa instead of instructing HO to reconsider or remit the application and make new application. what do you guys think?
Also i have request SAR (Subject Access Request) and the whole bundle was received by my solicitor 3 days ago, more than 500 pages in total including all application form and copies of documents submitted etc and SURPRISINGLY no interview notes came in SAR either. but i find one very shocking thing in the CASE RECORD SHEET of my Tier 1 Entrepreneur Application.
25/03/2013, EO approved my application and all 95 points were awarded.
Overall decision: Approved
Expiry Date: 25/03/2016
Condition code: 4B
After that it was sent to Some other department and they have decided to call for interview and the exact wording on the Case Record sheet were:
"Dep EO Check
not happy for this application to be approved, whilst i appreciate that the applicant has access to £50k in a regulated bank in the uk and has met all the requirements have concerns as to whether or not a genuine business exists.
The website doesn't appear to exist when i typed in (http://www.mycompany website address) {stupid woman type the wrong website address as it is printed wrong in the notes which she typed} and referring it took her to some other company website.
Also the bank statement shows one balance in excess of £50,000.
Think we should ask the following questions:
1. why is the website not accessable.
2. is the £50,000 in Natwest bank in December 2012 if not has it been invested in the UK?
3.if money is still there how do they plan to invest in the UK?
4. why does an IT company need to do business with a Care company / Taxi firm / Car Dealers / Accountant???
Case sent to BOP Team for possible Gen Test."
based on that they have called us for interview and non of the above questions was asked in the interview apart from £50,000 and all answer was given in details and provided them with £50,000 updated bank statement and provided them with Business Plan as well but still visa refused.
All this happened because of negligence of case worker who cannot type website address of my company correctly and that what made her suspicious and after that I have to go through the whole process of Appeal, Paying solicitor and wasting my time and money.
I wish i had received this SAR file before and i would have taken this docs with me to appeal hearing and would have showed to judge, so bloody pissed off after reading these notes, this shows how competent they are.
but i am glad its happy ending at the end, but let c if HO challenge this decision or not.
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