First Tier Tribunal Article 8 Tomorrow

[khalad]

Morning all,

To keep it nice and simplies... (BHC New Delhi Assessed)

My uncle applied for a family visit visa .. (eldest sister and youngest brother in UK both British)
got refused on balance of probabilities although more than adequate info and docs were provided.

Appeal was lodged for no 1 refusal within timeframe

Address all the points in the refusal and resubmitted another application 2months later whilst appeal was in progress. Refused. The refusal was somewhat identical.. balance of probabilities again. looks like they did not really look into the new documentation.

Appealing tomorrow for Article 8 at the first tier tribunal-

Basically his sister cant leave her husband and kids (which go school) to just go and visit my uncle instead. It much more affordable and easier for uncle to come here and visit. Because his sisters husband has alot of medical conditions that prevent him for going on a long haul flight in addition my mother his his full time carer and cant just get another carer because he has vascular dementia and gets worse when he see's new people.

One of the main reasons for my uncle to come was that my father (who is his brother in law) to see him and pay his last respect (sort of speak). They have a close relationship i.e my uncle treats him like a dad rather than a brother in law as his father passed away some years ago.

My uncle is 30 and his brother in law is 88.
They do not know how to use technologies etc

Summary:
- He has sufficient ties in Bangladesh (family, job, land, properties, etc)
- he is employed (contracts, payslips etc were provided)
- he has family in uk (certified copies of uk passport copies were provided)
- he has mortgage free properties in Bangladesh (translated deed copies were provided)
- he was being fully sponsored for his visit

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This is what im stuck on...
The ECM Review Stated:

"i consider in this case that such interference is justified for the purpose of maintaining an effective immigration control, and is proportionate and appropriate. Sun Myung Moon v. ECO Seoul (2005) UKIAT112 decides that the only article 8, and then only in relation to family life. This is a starred decision and therefore binding for all practical purposes. There is no reason to believe that the appellant has any family life with the UK sponsor, but, if he has any family life with the UK sponsor, he has not show any interference with it because he can continue to enjoy his family life with the UK Sponsor in the same way he has done hitherto."

Give all of the above i maintain the decision to refuse entry clearance

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Any points and advice greatly appreciated guys.

Many thanks.
Ali

[khalad]

Oh on a quick note i thought id add.

All my uncle wants to do is come visit his family and brother in law and go back genuinely. therefore tomorrow should i suggest or offer like a security bond? Like If his granted for even 2 - 3 weeks instead of the 5months we applied for, we are more than happy to put up a security depo of £3000 and hand his passport in because we are that confident that he will be returning etc so we have got nothing to lose.

Or will this not work? / exist