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pliny

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Posts posted by pliny

  1. Charma

    I have done a little research here and ploughed through some Tribunal judgements.

    Essentially, the mother has to demonstrate that she has had sole responsibility for all the major decisions regarding the child's upbringing viz. education, housing, medical care etc. etc. The fact that she left the child in the care of the grandmother to live elsewhere is irrelevant provided that she can demonstrate that she has contributed to the support of the child both financially and otherwise. The mother's absence does not constitute abandonment in this case and so it cannot be argued by the visa officer that she had abdicated responsibility for the child.The upbringing of the child by the grandmother was clearly at the direction of the mother in this case and could easily be evidenced by remittances back to the grandmother and possibly sworn testimony from the Puu Yai in the moo baan. Presumably there have been visits home which could also be evidenced. The fact that the father has never been on the scene should have made this case relatively clear cut.

    The test in establishing sole responsibility and its principles were founded in the Emmanuel case which remains the main authority as far as I can see and the mother falls fair and square within its ambit.

    Lord knows how the agent represented this application but frankly it should have been a breeze.

    Not to worry, I'm sure it will all end well relatively soon.

  2. If you qualify, you qualify. Doesn`t matter how much you pay someone to put your case.

    Just be honest and tell everything.

    Going by their statistics approximately 10% get knocked back.

    Who can say how many of those refused who chose to go it alone would not have been so unfortunate had they instructed professional representation?

    Incidentally, Siam Legal are not OISC registered. However, they lay claim to an office in London but make no mention of any accreditation to the OISC so perhaps one could assume that they are not.

  3. I have PM'd Scouser in the hope that I can link the mother to his firm and get them back on a better strategy to deal with this.

    Just remembered. I think the Scouser in in Thailand and i think he might be flying back today or tomorrow, so don't worry if he doesn't reply straight away.

    Thanks - someone PM'd me that they thought he was on the way back, so I am pursuading the couple to hang on a bit before they respond to the decision. As I said above, I think they could make a mistake by responding without really good advice and maybe make things worse. I am guessing they have a little time before any limit on appeal applies?

    They have 28 days from receipt of the refusal decision.

  4. The French were quite enamoured of Pol Pot in the beginning as indeed were the Chinese not least because of their antipathy to the Vietnamese.

    Post Holocaust, the agony was prolonged because of the Chinese/Vietnamese confrontation which unfortunately coincided with the West's cultivation of the Chinese. Bizarrely, the survival of Pol Pot owed more to the realpolitik of a world that measured its self interest in the blood and guts of a ravaged country whose ideals were allegedly enshrined in a UN Charter they had all sworn to uphold.

    The world stinks and always did.

    Nothing new here......why pick on Americans just because they think their feeble concept of democracy deodorises the stench away?

  5. The mother must appeal on behalf of the child against the decision now.

    Next step, instruct a competent lawyer immediately. The Scouser has a reputation for efficiency and effectiveness and is an approved OISC practitioner and sponsors the forum under his company DaviesKhan.

    From what you have said about the refusal grounds it seems the Visa section has over reached themselves in concluding that the grandmother has suborned the mother's role. Sole responsibility under the immigration rules lies with either surviving parent or with another at their direction.The grandmother has been charged by the mother with the the care of the child seemingly for the past 8 years in the absence of the father. Thus she has exercised sole responsibility but for reasons not disclosed by the visa section they have chosen not to accept this. It occurs to me that they have screwed up but the presentation by the agent may have obscured things somewhat.

    Instruct DaviesKhan as per the banner. The case as you portray it is relatively clear cut and may not even need to go to appeal but could be resolved through robust representations by someone of the Scouse's calibre.

  6. Roo, I don't think anyone is disputing what you are saying about company ownership etc.,etc., but my point which as far as I am aware no one could gainsay is that incorporating a company whose sole purpose is to apportion interest in land and property for one person's exclusive and permanent use is patently a vehicle to circumvent the prohibition on that foreigner owning land in his own right. As such, it would be vulnerable to changes in policy which currently tolerate this loophole and the bottom line may well be a forced sale within 1 year or face seizure.

    Sure it's fine if everyone is doing it and because the Thai are making a bundle out of the consequential rise in land prices the cosy notion that it has ' official sanction ' is habitually fostered by vested interests who are only too happy to ramp the market up. But, ultimately, it is the farang who will be missing a chair when the music stops.

  7. OK. I will try to explain my stance then. I truly believe that there should be a test for all people wanting to reside in this country and ultimately gain UK citizenship.

    In the context of settlement cases, and let's be candid these are what preoccupy most on this forum, surely the only meaningful test, in addition to the financial consideration, is that of the relationship itself?

    How could any other test possibly have any relevance save as a sop to some addled pseudo social policy developed by superannuated civil servants oblivious to anything beyond blind loyalty to their masters?

    Grateful to hear your argument as to why you should 'truly believe'.......

  8. Anyway, there is NO legal way to buy land as a foreigner. The property market with farangs is mostly dead, thats the reason why so many villas with infinity pool are on the rental market. Respecting the unsecure legal situation (and the actual and the previous government) it is irresponsible to lease land for 30 years and hoping for a new contract after 30 years more.

    Claude, so the property you own is not your's?Your wife's? I'd rather give you a good shake to wake you up,to all the transactions taking place on the island.If you want to persist with your ideas, good on you.No legal way to buy propery? Hello,set your Co up properly & you have no probs.Better check about rules & regulations, RE setting up a Thai Co.

    Are you really serious that all these properties are being sold or leased as a pie in the sky idea?

    Are you playing devil's advocate?

    Setting up a company whose sole purpose is to circumvent Thai law is unlawful and what may flow from its incorporation would be vulnerable to seizure, confiscation or some other adverse disposal.

    But of course everyone does it and so that means everything will be OK I suppose......

    Caveat emptor and if you shake hands with a Samui ' developer ' be sure to count your fingers afterwards.

  9. I posed a similar question yesterday of Sabaijai but it seems to have been deleted for reasons which have not yet been made clear.

    My post was as far as I was aware entirely innocuous if somewhat critical of Sabaijai's cheap shot against an erstwhile poster who being excluded could not possibly respond. Frankly, I have no interest in the silliness of forum politics but in the course of posting I do try and maintain some semblance of courtesy and politeness which led me to comment upon the less than gentlemanly nature of Sabaijai's post.

    Nevertheless, Sabaijai, by the sheer preponderance of his posts and claim to be an accurate pundit upon the doings of Pai, is evidently a source of information and I therefore repeat my earlier request in which I sought an update of the current position as far as he is aware of the Sgt. and his case.

    If this post somehow traduces or otherwise offends then could someone please enlighten?

  10. Sorry to hear of the pathetic and disgusting treatment that was metred out to you by the driver. You know The driver would only do that kind of stuff to a westener. He wouldn't dare do it to another Thai or Asian. All Thais know they can treat Westeners in almost any disgusting manner they like if they chose to, because that's the general mindset of Thais about westeners. Its a national sport. And because of that there is absolutely nothing you can do about it, save warning other westeners and posting negative reports on the web for all to see. There's no excuse for the treatment you received and no way that it can be justified.

    Not in my experience, bubba. What comes my way gets returned with interest. Thai take much more shit than most anyone I know and generally speaking I can't see it changing much. Perhaps your chip needs polishing?

  11. Don't turn yourself into a victim.

    Put it down to experience and learn from your mistakes. Really, the plane does take the strain and you are less likely to encounter the dross who feed off the lower end. They exist everywhere and only understand force which evidently you are incapable of offering. No shame there, just don't place yourself in a position where you can be so manipulated.

    It's just life, not rocket science. Play the percentages and don't complain when you get it wrong, it's so whiney and unhelpful.

    By the way, the train can get hit from the Pak Thai hassles so don't think it could be totally incident free......still, up to you.

  12. Nothing quite like a vested interest talking up the market, is there?

    Sure, trees grow all the way to the sky, bubbles never burst etc., etc.,etc..

    One thing is for sure, the supply of gullible farang willing to pay top dollar for their dream home on plots of overpriced land they will never own is as long as the day is short.

    Lambs to the slaughter led by the Judas goat of their own greed.

  13. Last night I had a somewhat troubling dream.

    My current wife (Thai ) and I were looking for a place to live but nothing suitable could be found. Cast adrift in a bar we encountered my ex wife (farang) who invited us to stay with her in what seemed to be a palace. That night we all retired to the same bed whereupon my ex suggested that I ask the current spouse if she wished to indulge in sapphic pleasure with her. I passed on this request which was met by an explosion of indignation and the threat of imminent violence.

    At that point I woke up in a muck sweat overwhelmed by a profound depression.

    Are there any intellectuals here who would like to analyse the significance of this ?

  14. The fact that you say the Samui traffic is worse than Bangkok's immediately makes me think your other opinions are completely worthless.

    Bangkok is infamous for having the worst traffic in the world.

    Nonsense. That honour belongs to Cairo where there is only 1 rule: the guy in front has right of way and how you get there is irrelevant. The next worst would probably be Mumbai because the Indians do not drive with wing mirrors since they take up too much space when jostling for position.

    I might concede that Bangkok comes a distant third but that's only because traffic flow is dictated by lights rather than roundabouts which of course could not possibly work in Thailand.

    Equating Samui to Bangkok is simply hyperbole allowing the OP to make his point.

  15. it conjures up grotesque visions of fat pale blotchy thighed drunken northern lasses in a cold wet industrial inner city landscape who would rather punch you in the mouth than soothe your soul.

    Ah, memories, memories.

    Any port in a storm, eh what me old curmudgeon?

  16. If people want a market, then the market has to be willing to pay the market rents or there has to be some other viable reason to keep it going.

    Let's be clear the management of CPB have a responsibility to generate sustainable value to the shareholders. With the massive subsidies in Langsuan and sites like the Dusit, who knows if this site is at market.

    Inner city design left to economic considerations alone will inevitably result in over development by those whose interest is solely financial. Hardly rocket science.

    But, in a country where zoning laws are practically non existent in any meaningful way it is clear that without robust philanthropic intervention Bangkok will rapidly become a primate city with no defined open spaces whatsoever catering for the recreational needs of ordinary people

    And of course that's the rub. Bangkok's inner area is space in transition where people live and play but the land they occupy is becoming too valuable to permit such use. Most capital cities have this in common and the demographics of the phenomenon mean that, save for the rich, the population will migrate to farther suburbs or outer slums according to disposible income. But whereas those cities legislate for fallow land retained for ornamental and recreational use, Bangkok's guardians appear powerless to achieve anything beyond feeding at the trough of self interest.

    Frankly, I have given up any hope that either national or local government will prevent what seems to be an even greater environmental disaster than already exists.

  17. Probably the most common refusal by the septics is on the basis that the applicant has "insufficient ties".

    The system they operate is determined by an underlying principle enshrined in legislation which views every visa applicant as a permanent migrant unless they can demonstrate otherwise. There is no even balance to the scale they set, unlike the British model;the applicant begins at the bottom and must climb the mountain before the visa officer can be persuaded.

    Nevertheless, it can be a subjective exercise and if the visa officer is satisfied that your relationship is genuine and you are anchored in Thailand he may well conclude that your girlfriend has excellent prospects in her own country sufficient for him to apply the test in her favour.

    You never know, she may succeed.

  18. The TOPS at Robinson's by Suk. Soi 19 provides excellent loaves of many varieties baked freshly everyday. The most reliable source I have found at almost any time of day.

    Subway sandwiches are weird. No matter what you order they always seem to taste the same ie of nothing.

    Siam Paragon basement food hall has the best sandwich bar approximating to what most farang would expect in their own countries.

    Frankly, you can't beat a decent McDonalds :o

  19. I used them once when all other routes were fully booked and found the service to be reliable and remarkably good value for money.

    The outward bound leg from LHR to Colombo arrived about 0900hrs local time and we were whisked away to a very pleasant hotel by the beach for our 14 hr layover. Actually, this proved to be a welcome diversion amounting to an all inclusive tour culminating in an excellent buffet dinner before returning by minibus for our onward leg to BKK at 0100 hrs ensuring an early morning arrival.

    The only down side transpired to be on the return leg when 5 hrs were spent airside at Colombo waiting for the LHR connection. The lounge is small and offers little potential for diversions and everything was priced in USD, the only acceptable currency, which was exchanged at rapacious rates.

    The inflight service was excellent and alcoholic drinks were served on demand in decent sized glasses rather than those piddling thimble sized plastic things other carriers are increasingly offering economy passengers.

  20. Does that mean the Mambo will go as well? In which case, the Dubliner will be nicely placed as the most favoured venue next to a building site beyond par.

    How long Soi Cowboy and Nana?

    Personally, I couldn't care less about the NEP but Cowboy going would definitely tear at the heart strings. I hated it when the International German Beerhouse was ousted from Soi 23 - a great oasis and one of the best places in Suk. to meet, eat and drink alfresco before venturing into the street of shame. It never really matched its success after the move to Soi 11 and the poor old Ship opposite lost out greatly when the passing trade that was attracted to the beer garden disappeared.

    What a pity. I liked the Bourbon St. and shall miss the cajun chicken.

  21. There are several websites for UK resident Thai who wish to connect with their kith. Try Thailand-UK which I believe is supposed to be the best organised.

    Best to approach any new contacts with some caution......just because they are from the same country doesn't mean they will automatically be suited. Think of the many disparate Brits currently in Thailand and ask yourself if you would spend some time with all of them equally.

  22. Am I alone in thinking this story is just so much mawkish drivel effective only as a simplistic parable fit for American daytime TV viewers?

    Far, far better if Shay had been pile driven into a heap just before the final base to an accompanying jibe that life ain't for losers.

    So much more satisfying, don't you think?

  23. Anyone remember the OTOP promotion advert featuring the Isaan artisan presented with a huge block of wood from which he was to produce an engaging Thai artefact? Eventually, after much whittling,chiselling and conflabs with his peers he proudly flourished an exquisitely fashioned but ever so modest toothpick.

    Absolutely priceless and demonstrated a finely honed sophisticated sense of humour that works on so many levels.

    Unfortunately, I think it was pulled because the ' authorities ' failed to see the joke and concluded it only portrayed the Thai as stupid. I always thought it was the Sino-Thai influence at work there, the same clodhopping stupidity that considered it appropriate to feature the same animals on the Chiang Mai Safari Park restaurant menu as those held captive.

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