Court hearing Deception-Help needed from Moderators/senior members
Posted: Fri May 25, 2018 3:33 pm
Hi my younger brother had a hearing today at Taylor house.
Just a background. He applied Tier 1 ent. in 2013 which was refused on deception (due to an alleged fake bank statement) with right of appeal. All of his appeal rights were exhausted in Dec 2014. Just for a note: In these 2 yrs he was in touch with the bank to gather evidence as to why they (bank) gave an incorrect response to UK home office. The bank was non cooporative. He had correspondences from bank and copy of bank order (the withdrawal of funds) to support his claim at that time. The court dismissed his appeal.
In the mean time, he completed his ten years in 2014 and filed ILR on 10 years (HO has no objection on 10 years just a deception in precious application). This was refused again in sept 2015 with right of appeal. In the meantime, my brother took a legal action against the said bank in Pakistan and 3 UK hearings were adjourned as the judgement in Pakistan was pending for almost 2 years.
The court in Pakistan finally made a decision in my brother favour and order the bank to apologies and issue the correct bank statement with correct account number. The Judge in Pakistan said to bank "Bank was unable to proof that the bank statement was fake or forge and it was proved before the court that not only account was genuine but all funds also.
We presented the judgement in the UK court today and the body language of UK judge was more inclined towards previous refusals and UK appeals dismissals. Our position is that we didn't have such a strong evidence before. Would judgement be a compelling evidence in the UK.
Judge reserve the decision. Would my brother appeal be allowed?
Just a background. He applied Tier 1 ent. in 2013 which was refused on deception (due to an alleged fake bank statement) with right of appeal. All of his appeal rights were exhausted in Dec 2014. Just for a note: In these 2 yrs he was in touch with the bank to gather evidence as to why they (bank) gave an incorrect response to UK home office. The bank was non cooporative. He had correspondences from bank and copy of bank order (the withdrawal of funds) to support his claim at that time. The court dismissed his appeal.
In the mean time, he completed his ten years in 2014 and filed ILR on 10 years (HO has no objection on 10 years just a deception in precious application). This was refused again in sept 2015 with right of appeal. In the meantime, my brother took a legal action against the said bank in Pakistan and 3 UK hearings were adjourned as the judgement in Pakistan was pending for almost 2 years.
The court in Pakistan finally made a decision in my brother favour and order the bank to apologies and issue the correct bank statement with correct account number. The Judge in Pakistan said to bank "Bank was unable to proof that the bank statement was fake or forge and it was proved before the court that not only account was genuine but all funds also.
We presented the judgement in the UK court today and the body language of UK judge was more inclined towards previous refusals and UK appeals dismissals. Our position is that we didn't have such a strong evidence before. Would judgement be a compelling evidence in the UK.
Judge reserve the decision. Would my brother appeal be allowed?