Post
by miankhan819 » Sat Mar 16, 2019 12:15 am
Here is refusal:
Reason for decision:
Thank you for your application of 10 Oct 2018. Your application has not been considered by the Secretary of State personally, but by an official acting on her behalf.
Immigration history:
It is noted that you along with three dependent children’s entered the uk on 8 may 2013 with entry clearance as the dependants of PST study worker your husband valid 13 March 2013 until 2 January 2015.
On 24 dec 2014 you have applied for leave to remain as spouse with children’s as your dependents and application was refused on 13 June 2015 with a right of appeal. You appealed against this decision and the appeal was dismissed on7 dec 2016. You sought permission to appeal to the first tier tribunal which was refused on 27 June 2017 and you sought permission to appeal to the upper tier tribunal which was dismissed on 17 aug 2017.
On 23 aug 2017 you applied for leave to remain in the uk with children’s as your dependents and application was refused under paragraph 353 with no right of appeal on 27 sept 2018.
Basis of claim/application:
You claim that your husband has been granted ILR in the uk he work in uk and thr your children’s are in school on the uk and you and your family have established a private life and family life in the uk.
Repeat claim/application:
You have previously had an human rights claim refused with right of appeal. On 23 dec2014 you applied for leave to remain. This was refused on 12 June 2015 and your subsequent appeal was dismissed on7 dec 2016. You then submitted an application for leave to remain outside the immigration rules on 23 aug 2017 and this was considered to determine whether or is either a repeat claim or fresh claim. However it was established that your submission did not amount to a fresh claim and the application was refused on 27 dept 2018. Therefore your current claim has been considered to determine whether it is either a repeat claim or a fresh claim. We have done this consideration under paragraph 353 of the immigration rules (HC395 as amended).
Paragraph 353 of the immigration rules states:
When a human right or protection claim has been refused or withdrawn or treated as withdrawn under paragraph 333c ofvthese rules and any appeal relating to that claim is no linger pending, the decision maker will consider any further submissions and, if rejected will then determine whether they amount to a fresh claim. The submission will amount to fresh claim if they are significant different from the material that has previously been considered. The submission will only be significantly different if the content:
1. Had not already been considered and
2 taken together with the previously considered material created a realistic prospect of succuess notwithstanding its rejection.
Elements of claim/evidence not previously considered:
Careful consideration has been given to whether your submission amount to a fresh claim. Although your submission have been subjected to anxious scrutiny, it is not accepted that they would have a realistic prospect off success before an immigration judge in light of the reason set out above in particular.
You have raised no evidence of any insurmountable obstacles that would prevent your husband, from being able to leave the uk and return to Pakistan with you and your children and continuing your family and private iLife overseas: therefore you would fail to meet EX.1 of the immigration rules. It is therefore accepted that all your submission have been previously considered.
You have not raised any further claim that have not been already considered by secectary of state.
All your submission have therefore been considered previously and your submission are not significantly different from the evidence that has previously been considered. Therefore they do not amount to a fresh claim. It was previously determined that the exceptional grounds you raised in connection to your previous claim were insufficiently compelling to indicate that leave to remain outside of the immigration rules was appropriate. In the absence of any additional evidence or claim it is not accepted that the exceptions grounds raised in your previous claim are sufficient to indicate that refusing you leave to remain would lead to unjustifiably harsh consequences as outlined in paragraph GEN.3.2. of appendix FM.
As your submission do not crest a realistic prospect of success before an immigration judge, they do not amount to fresh claim.
Your representative have cited a number of case law ruling on support of your assertion that removing you from the uk would be a disproportionate interference in your private life under article 8 of the ECHR.
Regard had been had tobyour compliance. It is noted that after your visa expired and your subsequent application were tefuse. You have failed to leave the uk but instead choose to remain in the uk illegally. It is considered that your personal history. Character. Conduct and employment record are not sufficiently compelling to justify allowing you to remain in the uk.
Length of time in the uk accursed for reason beyond the migrants control after their human right or asylum claim has been submitted or refused.
Regard has been had to your length of time in the uk it is noted that you have lived in uk for 6 year. It is considered that your length of residence is not sufficient compelling to justify allowing you to remain in the uk.
Careful consideration had been given to all these circumstances individually and together but for the reason given above it is not accepted that there are exceptional circumstances in your case considered sufficiently compelling to justify allowing you to remain in the uk.
Please advise me what to do next? Thank you
