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Topic: Chances of appeal against Admin Review for Tier-1 General  (Read 781 times)

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Chances of appeal against Admin Review for Tier-1 General
« on: April 03, 2009, 10:24:46 AM »
Hi,

I just want to ask what if someone apply for Tier-1 General Entry Clearance and he got rejected by saying unable to verify previous earnings and Admin Review also fails.

Is there any chance he can appeal against Admin Review decision by lodging Judicial Review or any other mean.

The only reason I'm asking is one of my friend got rejected by this reason but High Commission never contacted his HR department so how can they say they can't verify previous earning. Payslips and Bank Statement was also provided.


Re: Chances of appeal against Admin Review for Tier-1 General
« Reply #1 on: April 03, 2009, 11:45:41 AM »
In this particular forum we don't have that much depth in how it works for visa nationals, but in the most general sense, there's no right of appeal on the PBS side.  Working in the UK is not considered to be a human right. 

A JR can succeed if the grounds for refusal were racist, but according to what you wrote, the refusal was a question of evidence.  Hope that helps.


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Re: Chances of appeal against Admin Review for Tier-1 General
« Reply #2 on: April 03, 2009, 02:34:28 PM »
Yes, anything under the PBS has limited grounds for appeal, so unless the breached his human rights or as garry said, were racially motivated.

Without knowing all the specifics, previous income, what type of evidence is acceptable is clearly laid out.  The burden to prove things is on the applicant.  If he or she does not provide acceptable information, they will simply refuse the applicant.  They will not required to go out of their way and call around an talk to people to prove something the applicant should have proven.

It is likely that the evidence that was submitted for proof of income did not meet the requirements, the administrative review confirmed that the evidence was not within the guidelines.  The only way really to get a Tier 1 approved after a refusal is to correct what was wrong with the application and apply again.  ARs only cover situations when the ECO clearly did not follow the guidance or there was discretion that the ECO exercised.  There is no discretion to exercise in the PBS.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
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Re: Chances of appeal against Admin Review for Tier-1 General
« Reply #3 on: April 03, 2009, 03:49:54 PM »
Just to add, if the applicant did not send the "Specified Documents", the ECO is under no obligation at all to verify them. However, if the refusal notes specifically  mentions the fact that they attempted to verify the documents, then there is a whole large section of the guidance detailing the steps an ECO must take.



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