7th February 2007, Taylor House, London
Bison UK’s appeal team scored another victory against unfair visa refusals in the Asylum and Immigration Tribunal (AIT) this week.
Immigration Judge Trainer “allowed” the appeal for our client Solly on the spot, after ruling that the “burden of proof” on whether or not a reference in genuine rests with Entry Clearance Officer (ECO), not the visa applicant.
Solly, a Senior Carer from the Philippines was refused entry clearance (visa) at the British High Commission in Manila last August 2006.
The reason for refusing her was because the ECO thought that “on the balance of probability” her work reference was false. This, despite the fact that she had a valid work permit and had provided work references and other evidence of employment to the Home Office.
Our appeal specialist had prepared Solly’s case extremely well and submitted a substantial evidence bundle long before the hearing had even started.
Judge Trainer had obviously thoroughly read our ‘bundle’ and my witness statement and knew every aspect of the case and case law precedents.
He pointed out that in a previous case of ‘RP’ (which supersedes KS) it was ruled that the burden of proof lies with the ECO where they suspect references have been falsified and that evidence should be provided.
He pointed out that in this case the ECO offered no evidence whatsoever that references had been falsified or any valid argument to prove his case.
We added that the applicant should have been given an opportunity to defend the accusation.
The hearing took less than 30 minutes and the Judge allowed the appeal and issued a Direction to the ECO to grant Solly entry clearance.
The case may have looked easy, but as with most professionally executed jobs, the secret is in the preparation.
If you should have any questions or views or need help please email Charles Kelly firstname.lastname@example.org.
I will be speaking at the ‘Showcase for Social Care and Social Work’, organized by Surrey Care Association and Skills for Care, on: “Employing Overseas Staff?” – 14th March 2007 at the Copthorne Hotel, Effingham Park.