My wife applied last October for a settlement visa for her son ( Kiev- Ukrain post). She is a British citizen settled in the UK since 2005. The visa was refused. She referred the case to a legal adviser who was recommended to her by a friend who was happy with a service he provided him with, in the past.
Few weeks later he called her and told her that he submitted the appeal. He never produced any evidence on the submitted appeal .but when asked about it he kept saying that the tribunal have not given him any reference!!! a couple of months later he called and said that the hearing took place and he is confident ( Oral hearing by a barrister). To cut the story short, the adviser never provided her with a reference of anything related to the appeal ( copies with references from the tribunal) .
As I work abroad I could not deal with the matter myself. On my return to the UK I personally contacted the tribunal customer service but could not find any trace of the appeal or the hearing. I did it few times but nothing could be found. I challenged him to produce any evidence but he failed to do so. All what he produced was a copy of the form with his appeal argument no more no less!!! In addition, on the form he gave me, he requested a paper hearing rather than an oral hearing, which he was paid for. When asked he said he did it myself (
strange and stupid lies). Anyway plenty of lies and nothing else. I have now decided to take him to the ombudsman.
My questions are:
Do we have to start an application from scratch? or can we resubmit an appeal and explain why it is late? if we go for an appeal will the tribunal consider our case based on what happened ?
I have all payments evidence, the appeal form he sent and a letter that he supposedly wrote to the tribunal to inquire about the case - I guess it was a letter wrote to me to foul me-. Please note that the adviser is an OISC registred in the Manchester area.
Would a solicitor accept to reintroduce an appeal (Late) for us based on what happened ?
Thanks in advance for your help .
