Brother Appeal allowed after 5 yrs

[hham1224]

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?

[ouflak1]

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 bad quality 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 bad quality 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?

I doubt anyone can really say how a ruling will ever exactly turn out. I can say from my experience on this board that every time I've seen somebody wrongly accused of deception like this, who then went through all of the trials and tribulations of getting their name demonstrably cleared, were eventually successful with the UK government with whatever they were pursuing. I also have some personal experience with distant family relatives on a similarish matter. That's all highly anectdotal ofcourse. In my opinion, he's done everythng he absolutely had to do, which was clear his name. After that, it's really up to the powers that be. I believe he will prevail by some means or another eventually.

[hham1224]

Thanks for your response much appreciated.

Do you think that a judgement from a foreign country has more weight and has successfully overturned home office evidence of verification report.

The facts of of fake and genuineness has been discussed in much detail in judgement.

In certain criminal cases, foreign court judements are enforcible in the UK. I am not sure if this applies in immigratiom cases.

Does anyone know of any legal precedents on foreign judgement in the UK, specifically in relation to immigration matters.

[hham1224]

Hi

My brother ILR LR appeal has been allowed after five years of legal battle.

In Jan 2013, he applied T1 Ent. visa application and this was refused in Aug 2013 with right of appeal. HO alleged a F A K E bank statement was used. All his appeal rights exhausted in Dec 2014. He applied ILR LR and this was again refused in July 2015 under previous deception with right of appeal.

In mean time he took legal action in Pakistan against the said bank and the local court ordered the bank to rectified their errors in the bank documents and ordered to apologise to my brother and UK HO for providing the wrong information in the first place.

We presented the Pakistani court judgement in the UK and UK judge allowed the appeal which he received today .

I thank you all in your support in my brother case.

[CR001]

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