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Visit Visa Refusal cause of asylum 13 years ago

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Route to ILR
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Visit Visa Refusal cause of asylum 13 years ago

Post by Route to ILR » Fri Jul 05, 2019 4:42 pm

Hi,
I Need an advise on this matter. I spoke to a Solicitor and he said that we have a good chance in JR because HO can't refuse u on a matter which happened 10 years ago. It's on the HO guideline. Now I need senior members to advise on this, whether we should go for JR or not.
Asylum claimed on visit visa 2002. Left UK Voluntarily July 2006. The current applicant was dependent on the asylum claim. The main applicant on asylum application was murdered in one month after return.
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bathanza
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Re: Visit Visa Refusal cause of asylum 13 years ago

Post by bathanza » Sat Jul 06, 2019 10:55 pm

The refusal isn't due to the failed asylum claim, the refusal is that the ECO does not believe the applicant will return home.

You should reapply and state all the social and economic ties to the home country, e.g does she own land? Her own property? If so it would not make sense to leave her home country.

Also, do the sons visit the home country on a regular basis? If she were to overstay, the sons would have no means to go back to their inherited home. Play it like that and re-apply with stronger evidence.

JR will just cost so much money in my opinon and you can re-apply. (double check the very last page it should state that)

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

Route to ILR
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Re: Visit Visa Refusal cause of asylum 13 years ago

Post by Route to ILR » Sun Jul 07, 2019 2:56 pm

Thanks for your reply

We attached all the available evidence about social and economic ties. Sons visit her regularly. She visits them as well, all her immediate family live in home country except my wife. In the refusal, the only point they raised is the previous asylum and intention to reside previously. Overlooking the fact that they returned voluntarily. On the last page, they said if your circumstances are the same the future application will be refused as well. SO no point to apply again. They will bring this matter again.

My question is can HO bring a matter to refuse an application that happened more than 10 years ago. Is this the valid point to file a JR.

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CR001
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Re: Visit Visa Refusal cause of asylum 13 years ago

Post by CR001 » Sun Jul 07, 2019 3:04 pm

My question is can HO bring a matter to refuse an application that happened more than 10 years ago.
Yes they can as she would be seen as high risk of attempting to stay in the UK due to previously trying to do exactly that.
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Route to ILR
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Re: Visit Visa Refusal cause of asylum 13 years ago

Post by Route to ILR » Mon Jul 08, 2019 3:20 am

CR001 wrote:
Sun Jul 07, 2019 3:04 pm
My question is can HO bring a matter to refuse an application that happened more than 10 years ago.
Yes they can as she would be seen as high risk of attempting to stay in the UK due to previously trying to do exactly that.
Thanks CR001.

Can we try filling JR? One solicitor said that we stand a chance in JR. Because UKVI can't refuse u on a matter which happened 10 years ago.

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