Visit visa refused for brother-in-law..appeal??

[xdaniix89]

Hello,

I haven't posted on here for a while since successfuly relocating to the UK but would really appreciate some help. My husband's brother applied for a general visit visa to come here for Christmas. It's been refused because A:He didn't state in his application that his work is seasonal and he claims unemployment benefit in the winter months, his boss told them this during a phone call
and B: He has no dependants.

So they've said he has no social or economic ties to Greece (he's an Albanian national) and they're not satisfied that he will return to Greece.

But there are so many reasons he should be granted it...he's visited almost every country in Europe for holidays alone and returned. He has a 10year residency and work permit in Greece. He has a couple thousand euros at his disposal and has worked for his employer for about 4 years, seasonal or not. He also stated in his application that after spending xmas here and meeting his baby nephew he will travel with us to Albania for New year.



It says ''Your right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002 (www.legislation.gov.uk)''

I can't find this on the website given and have no idea what it means.

Is there any chance of an appeal? He really hasn't missed anything on purpose, he didn't understand that the benefit is income and as he'll be in Albania for most of the winter he won't be claiming it every month (you have to be in the country as you have to claim it in person) and it's benefit that you earn working the summer season so a sort of tax credit.

Also, they've kept all of his original documents, he submitted a copy of everything. All he got back was his current passport and refusal letter!!

Sorry it's a long one, thanks for reading!

Danielle.

[MPH80]

The right of appeal on a visitor visa is limited to, basically, human rights.

That means he'd have to be being denied the right to a family life or private life and he, in this context, isn't.

So the only option is to re-gather his original documents, close the gaps from the original application - e.g. show the ties he has to Greece properly and explain the discrepancy in the income - and re-apply.

M.

[xdaniix89]

I see, thank you. That's terrible. Basically they want people to pay again then for small mistakes!!! Why would somebody who wants a visit visa be able to argue their human rights?! Sneaky gits
Oh well, at least we will see him for New year. Thanks for the help.

Danielle.

[MPH80]

It's not really about sneakiness - it's about attempting to reduce the number of frivolous appeals.

What was previously happening was people were appealing regardless of the chance of success.

The problem is that it's now swung too far the other way and there's no legitimate appeal process for a visitor.

M.