Tier 1 Dependant Visa Refused due to UKBA error

[cherrypie]

Hi guys,

My husband has applied for his Tier 1 Dependant in Australia. Applications in Australia are processed in Manila. His visa has been refused and the reason given by UKBA is because his bank statement is dated more than a month from the date of biometric submission. He submitted his biometrics on 07/03. UKBA has stated that the bank statement is dated 03/02 but that was the date of the last transaction on the on account. The statement was actually printed by at the bank on 24/02 and and has been dated, signed and stamped by a banking officer.

The notice of decision says 'Your right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002', however looking at the act it appears to look like he should be appealing under section 84(1)(a). Can we appeal under 84(1)(c)?

Is there some other way we can get the decision reviewed considering that this is clearly a mistake made by UKBA?

In addition to this UKBA has not returned any of our original documents except for his passport even though we have sent in copies of all documents. They now have our original marriage certificate. How can we get this back?

They have not sent us an appeal for or guidance regarding the appeal process either even though UKBA website says that we should have received these.

Has anyone had similar issues with the processing centre in Manilla?? Please help

[sts96508]

when you say 'can we appeal under 84(1)(c)' you mean 84(1)(a) right ?
because you have already been given right to appeal under section 84(1)(c)

whats the difference between the two sections?

unfortunately, an appeal is the only way forward, you cannot call them up or something to notify them of the correct date of the statement.

what reply do you get when you contact them about the original docs ?

[cherrypie]

Thanks for replying, are you familiar with the appeal process???

Yes, i meant 84(1)(a)

84(1)(a) - that the decision is not in accordance with immigration rules;I figure this is more applicable coz we meet all the immgration rules

84(1)(c) - that the decision is unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights; .Below is section 6 of the Human Rights Act as stated in in 84(1)(c)
Acts of public authorities.E+W+S+N.I..(1)It is unlawful for a public authority to act in a way which is incompatible with a Convention right. .
(2)Subsection (1) does not apply to an act if— .
(a)as the result of one or more provisions of primary legislation, the authority could not have acted differently; or .
(b)in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority was acting so as to give effect to or enforce those provisions. .
(3)In this section “public authority” includes— .
(a)a court or tribunal, and .
(b)any person certain of whose functions are functions of a public nature, .
but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.
(4)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In relation to a particular act, a person is not a public authority by virtue only of subsection (3)(b) if the nature of the act is private. .
(6)“An act” includes a failure to act but does not include a failure to— .
(a)introduce in, or lay before, Parliament a proposal for legislation; or .
(b)make any primary legislation or remedial order.We have managed to find a contact number in Australia, will call first thing Monday morning and see what they say.....

[sts96508]

I don't have first hand experience of the appeals process, but from what I have picked up from this forum, the process is different for in-country versus outside UK cases.

It's very unfortunate when something like this happens. Due to sloppy work on uk ba's part you lose so much time and effort researching and appealing and when you win the appeal you cannot make them pay for their mistake.

Wait for someone with experience of appealing successfully to come forward, there's also quite a lot about appeals in old posts here.

[cherrypie]

Thank you, I can only hope someone with appeals knowledge comes forward soon. From my research it seems that as of Dec 19th the process is the same for in and out of country applications. I prefer to have the appeal heard in the UK to be honest. UKBA in Manila are completely incompentent

[vinny]

I think PBS dependents should have full rights of appeal.