Documents Ukba Are Obliged To Supply To Support An Appeal

[Kevin1908]

Does anybody know what documents UKBA are obliged to supply if requested to support an appeal. I have the "transcripts" of the telephone interviews but I am suspicious.

The transcripts are in English so I assume that the interviews were conducted in English. Is that right if the person being interviewed has limited English ability..

If the interviews were in fact in Thai then what I have been sent isn't the transcripts but translation of the interviews. I want to know what was actually asked and what answers were given. Can I request copies of the actual telephone interviews for the appeal?

I don't understand why so many of the answers to questions are simply not true and I need to understand what the questions were. If the interviews were in English then it seems very unfair.

[7by7]

I cannot answer your question directly, nor can i say whether the interview was conducted in Thai and the transcripts you have received are a translation or whether it was conducted in English.

I am very sure of two things, though.

1) The interviewee would have been asked if they wanted to be interviewed in Thai or in English.

2) I cannot conceive of any reason why anyone in the entry clearance office would change what was said in reply to their questions.

Do you have anyone representing you at the appeal? What do they say?

[Kevin1908]

I cannot answer your question directly, nor can i say whether the interview was conducted in Thai and the transcripts you have received are a translation or whether it was conducted in English.

I am very sure of two things, though.

1) The interviewee would have been asked if they wanted to be interviewed in Thai or in English.

2) I cannot conceive of any reason why anyone in the entry clearance office would change what was said in reply to their questions.

Do you have anyone representing you at the appeal? What do they say?

It is early days in the appeal and it has been submitted. Haven't got into the detail yet. There is nothing on the transcipts about being asked whether they wish to be interviewd in Thai or English.

The boy does not have good English so I can't see why he would have agreed to be interviewd in English. Not sure whether his father can speak any English. My wife is ok, not fluent by any means but I can't see why she would agree to interview in English over a mobile phone, face to face in an office is another issue.

Some of the questions to my mind seem very vague and very ambiguous. If I had been asked them I would definitely have been asking them to calrify the question but may be that is just my suspicious mind in dealing with these sorts of people. Government Depts love vague and amiguous questions as they have plenty of wriggle room.

One of the questions to my wife's son was "Where was your Mother". Now as this was asked after talking about the divorce you could deduce that the question should have been "Where was your mother immediately after the divorce". I think the boy has got confused and answered with his step father thinking that he was being questioned about his mothers visit to the UK a year ago. Earlier in the interview he was questioned about where he was when his mother was on holiday. He had become a monk for 2 weeks in Surat Thani.

The other factor I find somewhat annoying is that the boy said "stepfather" but in the rejection letter I have been mentioned by name and it was stated that his mother had been living with me since the divorce in 2003. No where in the interviews was it inferred that she had ever lived with me and the visa application stated we met for the first time in June 2011 anyway.

Given the importance of a dependent child settlement visa I am amazed at the sloppy, vague, ambiguous nature of the interviews. I would expect much more direct unambiguous questions. The whole thing is full of ambiguity. I think a barrestor would drive several cart and horses through it.

[Jay Sata]

I really think you need one of the visa firms to sort this out for you rather than trying to do it yourself.

Good luck.

[Kevin1908]

I am using a visa appeal firm but there are 2 issues here. I want to understand myself why some apparant clear cut questions were answered incorrectly. Like why UKBA said that I had been living with my wife since 2003 when clearly I hadn't.

I might as well make my MP work for his money. In 2 years time he will be knocking on my door expecting me to vote for him. I might as well have some ammunition ready like, yes you did a very good job you can rely on my vote or you couldn't give a damn why should I give you my vote.

[norrona]

I am using a visa appeal firm but there are 2 issues here. I want to understand myself why some apparant clear cut questions were answered incorrectly. Like why UKBA said that I had been living with my wife since 2003 when clearly I hadn't.

I might as well make my MP work for his money. In 2 years time he will be knocking on my door expecting me to vote for him. I might as well have some ammunition ready like, yes you did a very good job you can rely on my vote or you couldn't give a damn why should I give you my vote.

I feel for you on your situation and know its very frustrating etc as my wife was denied FLR in this country and we had to go through the appeal route to get it over turned....we had to appear at the tribunal in London and was given a date.

On the day we turned up and had a barrister representing us at my cost the UKBA sent nobody to argue why they had not granted the FLR and justify the reason etc.

The judge listened to everything on our side and read the document the UKBA had provided upon denial of FLR, rolled his eyes and over ruled them.

From what I have gathered after our ghastly experience is if they have a case they will show up....if not then no chance!

So whilst I understand your frustrations you need to understand that you are just one of many fighting them and will probably never know as to why they have done whatever they have done...they are not accountable to the likes of us and it will never change!

Good Luck

when is your hearing?

[7by7]

Kevin, despite numerous requests you have not, as far as I can tell, yet posted the actual refusal notice (deleting all names and other identifying information) and without that any remarks about his refusal from members here are, as has been said to you many times before, pure speculation and of very little use to you.

However, you say that you have now retained professional assistance. Are they in the UK and OISC registered (or Paul and/or Tony from Thai Visa Express in Thailand)? If so, then my advice is to ask them these questions and follow their advice.

They are best placed to help you.

[Kevin1908]

Kevin, despite numerous requests you have not, as far as I can tell, yet posted the actual refusal notice (deleting all names and other identifying information) and without that any remarks about his refusal from members here are, as has been said to you many times before, pure speculation and of very little use to you.

However, you say that you have now retained professional assistance. Are they in the UK and OISC registered (or Paul and/or Tony from Thai Visa Express in Thailand)? If so, then my advice is to ask them these questions and follow their advice.

They are best placed to help you.

I accept what you are saying but this is as much for my benefit in understanding how UKBA came to their decision. I am not sure that posting an edited rejection letter here adds anything. It merely reiterates that ukba belive that the father has a significant part in the boy's life which is not true.

As can be seen with what happened yesterday, ukba is a flawed organisation. I think it would be irresponsible of me to sit back and let an organisation that I have employed to do all the leg work, and rack up the costs. The advantage of living in a democracy is that at some stage the people who make decisions have to account for them. Even if it takes 24 years which is the estimate for ukba to clear the back log

[Tony K]

They always interview in Thai and professional translators translate the answers into English. It seems odd that you had to ask this question on a forum as it would presumably have been simple to find out from your wife. It is also strange that the legal representative has not told you the procedure. The Embassy must supply all documentary evidence on which they wish to rely to the legal rep there is a set timescale for this. Has the appeal actually been submitted? It sounds from your post that you are only just prearing to do so and time must be running out as it must be submitted within 28 days of receiving the refusal. It is not fair to ask Thai Visa Express about appeals, Paul posted on an earlier thread that he is not qualified to give advice on appeals as he is only registered at OISC Level 1 and it would be a criminal offence for him to do so. He very correctly suggested a firm of immigration advocates registered at the required OISC Level 3 with offices in Bangkok and the UK but obviously you can use any qualified firm you wish.

Edited March 27, 2013 by Tony K

[Tony M]

They always interview in Thai and professional translators translate the answers into English. It seems odd that you had to ask this question on a forum as it would presumably have been simple to find out from your wife. It is also strange that the legal representative has not told you the procedure. The Embassy must supply all documentary evidence on which they wish to rely to the legal rep there is a set timescale for this. Has the appeal actually been submitted? It sounds from your post that you are only just prearing to do so and time must be running out as it must be submitted within 28 days of receiving the refusal. It is not fair to ask Thai Visa Express about appeals, Paul posted on an earlier thread that he is not qualified to give advice on appeals as he is only registered at OISC Level 1 and it would be a criminal offence for him to do so. He very correctly suggested a firm of immigration advocates registered at the required OISC Level 3 with offices in Bangkok and the UK but obviously you can use any qualified firm you wish.

Welcome, Tony K. Good to see you here.

[ThaiVisaExpress]

I have sign posted you to a very reputable UK level 3 adviser. We don't process appeals in the UK we forward these onto another adviser.

[bangkokblue]

Kevin, Has there been any attempt to make contact with either the ECO or ECOM to contest the refusal, If not do so before submitting the appeal form ( 28 day's ). Yes, The decision can be reversed by the ECOM has been numerously. Taken from a recent appeal Bundle and in the words of the ECOM " Quote " And i see that no attempt was made to contest the decision before lodging the appeal " un Quote ". Get in there and give it a bash. good luck.