(Immigration and Asylum Chamber)
MH (Respondent’s bundle: documents not provided) Pakistan  UKUT 168 (IAC)
THE IMMIGRATION ACTS
Heard at Glasgow
Mr C M G Ockelton, Vice President
Designated Immigration Judge Murray
THE ENTRY CLEARANCE OFFICER, ISLAMABAD
For the Appellant: Mr Abdul Waheed (the sponsor)
For the Respondent: Mrs M O’Brien, Senior Home Office Presenting Officer
Rule 13 of the First Tier Tribunal Rules requires an unpublished document to be supplied to the Tribunal if it is mentioned in the Notice of, or Reasons for Refusal or if the Respondent relies on it. Because the Notice of, or Reasons for Refusal form the statement of the Respondent’s case, however, the Tribunal is likely to assume that a document mentioned in either, but not supplied to the Tribunal, is no longer relied on.
DETERMINATION AND REASONS
“(iv) can, and will, be maintained and accommodated adequately without recourse to public funds”.
Paragraph 320(7A) provides that entry clearance “is to be refused”:
“where false representations have been made, or false documents have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge) or material facts have not been disclosed, in relation to the application”
“You are dependent on your sponsor who is presently a student. In support of his financial circumstances and his ability to maintain you in the UK, you have submitted a statement of account issued by United Bank Limited bank. However, bank management staff have verified that this statement is not genuine, as detailed in a document verification report. Statements are checked with the regional hubs and not the issuing branch as a protective measure against fraud. I consider this reliance on suspect documentation as an attempt to gain entry clearance by deception, an act that seriously undermines your credibility. As a false document has been submitted in relation to your application, it is refused under paragraph 320(7A) of the Immigration Rules.
“The Appellant is financially dependent upon the sponsor. His business and personal bank statements were submitted in support of the application. The Respondent undertook document verification and produced a report. The Respondent has made very serious allegations concerning the documentation relied upon by the Appellant. The Appellant has merely produced further documentation said to be from the branch. I find that the Appellant has not discharged the burden upon him. The Respondent has produced a document verification report, and the allegations therein have simply not been discharged. I therefore find that the Respondent’s refusal of the Appellant’s application under paragraph 320(7A) is one that was made correctly in all the circumstances and the Appellant’s appeal is bound to fail.
“The Appellant seeks an order for reconsideration in respect of the decision of Immigration Judge Cohen sitting at Taylor House, issued on 3 August 2009 to dismiss the Appellant’s appeal against the Respondent’s decision to refuse leave to enter the UK as the minor dependent child of his father who is a student in the UK. It appears that the appellant’s father, mother and sibling are in the UK and it is unclear how this very young child (born in 2007) comes to be alone in Pakistan. The respondent was not satisfied that the appellant would be maintained and accommodated without recourse to public funds, mainly because the sponsor had submitted a bank statement found not to be genuine on enquiry of the bank and the application was refused under para 320(7A) of HC395.
It is argued that there has been unfairness because the sponsoring father was not sent notice of hearing of the appeal. Examination of the file reveals that the appeal form indicates that the appellant wishes to have his appeal decided on the papers without an oral hearing and this is plainly the reason why no notice of oral hearing was served, although a letter sent on 19 December 2008 to the respondent and copied to the sponsor was potentially misleading. A later letter, dated 27 April 2009, does make clear that the request for the appeal to be determined on the papers without an oral hearing will be accepted and that any evidence/submission must be lodged by 22 June 2009. The judge took into account all the documentary evidence that was so lodged.
However, where there has been arguable unfairness is in failure by the respondent and the judge to consider whether the refusal under para 320(7A) is a disproportionate step given the extremely serious adverse effect it will have upon the immigration history of this very young child, when refusal under para 79 of the rules for failure to show the necessary funds would have more than sufficed.”
“(1) …a copy of –
(a) the notice of the decision to which the Notice of Appeal relates, and any other document served on the Appellant giving reasons for that decision;
(c) any other unpublished document which is referred to in a document mentioned in subparagraph (a) or relied upon by the respondent”.
“I the undersigned [….] do hereby solemnly and sincerely declare and affirm under oath that I will definitely follow the rules & regulation in the United Kingdom and seeking entry clearance to the United Kingdom only for my father higher studies. I also affirm that I will abide by all prevailing rules and regulations of the United Kingdom. Moreover, I will never extend my stay whether legally or illegally in the United Kingdom and will certainly comeback to my native country Pakistan with my parents after completion of my father projected studies. I further guarantee that I will not indulge myself into any unlawful or illegal activity in the United Kingdom.”
Mr C M G Ockelton
Vice President of the Upper Tribunal, Immigration and Asylum Chamber