THE ENTRY CLEARANCE OFFICER,

VISA SECTION, BRITISH HIGH COMMISSION,

ISLAMABAD, PAKISTAN

From: Zaheer Ahmad, Advocate,

R/o Dhoke Jillani, P.O: Bhara Kahu,
Tehsil & District Islamabad
Post Code: 45400

…Applicant
Post Ref. No.1060446

Date of Refusal:28.7.2005.

Subject:- APPLICATION FOR REVISION AGAINST REFUSAL OF

ENTRY CLEARANCE TO UK.

His/Her Excellency,

Being aggrieved of the Refusal of British High Commission, Islamabad dated

28.7.2005, whereby the Applicant’s application for grant of visit visa has been
refused, the applicant prefers this application before your honour for revision of
his case on the following facts and grounds:-

FACTS AND REPLY TO THE REASONS FOR REFUSAL

1. That the point raised in Paragraph No.1, I have paid for every thing
including Certificate of eligibility from the laws society, Registration of
exam, paper fee along with syllabus and training, the contention raised
in Paragraph 1 of the refusal letter, compare my income with the cost
of the trip. It is submitted that I am going for Qualified Lawyers Transfer
Test (QLTT) examination and considering the currency difference
between the two countries i.e. UK and Pakistan. I can ever afford to
bear the costs of my proposed trip through my earnings.

2. In response to the second reason for refusal it is submitted with

respect that the recent large deposits of Rs.300,000/- are my savings
which I had saved for this course for the last two years.
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3. I am providing with this application all possible evidences, which

substantiate my contention in this application. I am married person with
one child and living with the Joint family. It is further submitted that my
family, parents and all other relatives are residing in Pakistan and
professionally I am a practicing lawyer, therefore, these facts are
enough to prove my strong family, social and economic ties in Pakistan
and I cannot afford to prolong my stay in United Kingdom beyond the
requested period. I am financially sound and do hereby further
undertake that I will leave the United Kingdom after expiry of requested
period of visa and will not linger my stay.

It is also pertinent to be mentioned here that applicant’s application for grant of

visit visa has been refused without affording the applicant an opportunity of an

interview, therefore, the refusal is against the principles of natural justice “No one

should be condemned unheard”.

PRAYER:

In the light of foregoing submissions, new convincing evidences and the

circumstances of applicant’s case it is, therefore, humbly prayed that the case in
hand may kindly be revised on the basis of principles of natural justice and the
applicant may very graciously be granted visa as visitor to United Kingdom so he
can attend his QLTT examinations to be held on 22.8.2005 at London, UK.

The applicant is looking forward and hopes for an early positive response from
the honourable British High Commission at Islamabad.

Applicant
th
Dated: 4 August, 2005.

Zaheer Ahmad
Advocate, Islamabad
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The appellants submitted her application for grant of visa on the basis that she
intended to proceed to United Kingdom just for a short visit of one month.

The appellant submitted her application for grant of visit visa to United Kingdom
on the ground that her real sister namely Farhat Imran Abbasi is a British national
and residing in United Kingdom at OXFORD 8 TAVERNER PLACE, MARSTON,
OXFORD, OX3, United Kingdom. Recently my said sister separated/divorced by
her husband and she is living alone there with her minor daughter aged 3
months. For this reason my said sister invited/sponsored her/my parents
Muhammad Yamin Abbasi (father) and Parveen Akhtar Abbasi (mother) in order
to take care/look after her in this period of need. And on her
invitation/sponsorship my parents are proceeding to United Kingdom in order to
visit their daughter. The appellant is a student in Pakistan and she has holidays
in her college, further she is dependent family member of her parents and in the
absence of her parents there is no person/close relative who can look after the
appellant, therefore, the appellant wished to go with her parents to United
Kingdom in order to see her real sister and submitted her application to the
British High Commission at Islamabad for a short visit of one month. The
appellant is enclosing the paper of sponsorship declaration with the instant
appeal and the original was sent to the British High Commission at Islamabad
with the visa application (Annexure “B”).

On the basis of said sponsorship the appellant’s parents submitted their

applications to the British High Commission, Islamabad and the appellant also
submitted her application for grant of short visit to UK and to accompany her
parents. The appellant has love and affection for the sponsor who is real sister in
relation with the appellant. The said letter of sponsorship contains all necessary
information about her residence/house, which is sufficient arranged
accommodation for the appellant and her parents during their visit and stay in
United Kingdom. The sponsor invited her parents for this visit to United Kingdom
for the reasons stated above and the appellant wished to proceed with them to
UK in order to see and meet her real sister, which is a natural right of the
appellant having blood relation with the sponsor. The appellant’s father is
financially a strong and sound person, he has valuable properties and assets all
around in Pakistan and he is capable to maintain himself and the appellant and
to bear all the expenses during the proposed short visit and stay in United
Kingdom without recourse of employment or seeking any kind of assistance from
public funds. The sponsor also undertook the liability to bear all the expenses of
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accommodation and visit of parents of the appellant. The sponsor also sent other
documents showing her financial position and property owned by her. (Copies of
these letters/papers are enclosed with this appeal as Annexure “C & C-4”).

All the valid and lawful documents and evidences of the sponsor were submitted
to the British High Commission at Islamabad with the application for grant of visit
visa to the appellant.

That the appellant with her application for grant of visit visa also submitted
papers/documents relating to the properties owned by her father all around in
Pakistan and copies of the same are again submitted with this appeal.

The appellant’s father has a handsome earning from his business in the name
and style of M/s Abbasi Shopping Center, Nia Bazar, Kharian and other
properties owned by him.

The relationship of the appellant with her parents Mr. Muhammad Yamin Abbasi
and Mrs. Parveen Akhtar Abbasi is proved from the Registration Form “B” issued
by Government of Pakistan, Ministry of Interior and a photo copy of this form
along with its translation in English was submitted to the British High
Commission, Islamabad with the said application for grant of visit visa and it is
sufficient legal proof of appellant’s relationship with her parents and strong family
ties in Pakistan. The appellant is again submitting the same with this appeal and
these documents are marked as Annexure D to D-1.

The appellant also submitted with her application for grant of visit visa the various
Bank Statements of different periods relating to the accounts being maintained
by her father and mother in different Banks and the amount shown in the said
Bank Statements is genuinely available to the parents of the appellant and the
said amount is sufficient to meet the requirements of short visit/stay of the
appellant and her parents in United Kingdom. Copies of the same Bank
Statements are again enclosed with this appeal as Annexure E to E-6.

Thus the appellant submitted her application to the British High Commission at

Islamabad, accompanied with copies all the above-mentioned genuine

documents, for grant of visit visa and the appellant concealed nothing from the

Honourable British High Commission. The appellant also deposited the

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appropriate visa fee. The appellant was awaiting for a call of an interview from

British High Commission, Islamabad.

But the appellant became much stressed and disappointed when she received a

Refusal Letter dated 01.6.2005 from the British High Commission, Islamabad and

due to the above said refusal of visit visa the appellant suffered with worst mental

torture and agony because the appellant had submitted her application for grant

of visit visa accompanied with all the essential evidences, documents,

information, and nothing material was concealed or suppressed from the

Honourable British High Commission. The appellant is surprised that though she

was entitled to have a visit visa on merits, but the same has been refused without

considering valuable aspects and without affording the appellant an opportunity

of interview. The objections/reasons for refusal raised by the ECO on the

appellant’s case are reproduced as under:-

 “As evidence of your current financial circumstances you have

produced various bank statements, all of which show large recent

deposits. In the absence of evidence of the provenance of large

recent deposits, wholly incommensurate with your claimed income, I

am not satisfied that the statement accurately reflects your true

financial position or that such funds will be available to you.”

 “You have not provided satisfactory evidence to show you are still

studying in Pakistan. You have no dependent family, property or

assets. In light of this and all the above I therefore consider that you

have failed to show sufficiently strong family, social or economic ties

to Pakistan to satisfy me, on the balance of probabilities, that you

intend to leave the United Kingdom on completion of a short visit as

required by Rule 41 (ii) of HC 395.”

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“For all these reasons, I am not satisfied that you are genuinely

seeking entry for the purpose and period as stated by you. I

therefore refuse your application.”

“In reaching my decision, I have taken into account that your

sponsor is your sister and that it is natural for her to support your
application. Even though I accept that she has sponsored you in
good faith, I am not satisfied that any third party, even a close
relative, could guarantee your compliance with any conditions
attached to your entry to the UK. Unfortunately, guarantees by a
sponsor are not enforceable in law and cannot therefore be
accepted as evidence of an applicant’s intentions. This is not to
doubt the bona fides of your sponsor but is a statement of fact.”

(Refusal Letter is annexed Annexure “F”).

The appellant is surprised that though she had fulfilled all the legal requirements
under Immigration Rules and she is entitled for grant of visit visa on merits but
her genuine case has been refused without considering material facts and
valuable aspects. However, in the said refusal letter the appellant been provided
an opportunity to appeal under Section 82(1) of the Immigration and Asylum Act,
2002 for review of her case and to submit additional documents/evidence, which
addresses the reasons for refusal. The appellant, therefore, being aggrieved of
the said refusal has decided to prefer this appeal before this Honourable Tribunal
for review of her case on the following amongst many other grounds:-

REPLY OF OBJECTIONS AND GROUNDS OF APPEAL FOR REVIEW:

The first objection raised by the ECO is that he/she is not satisfied the Bank
Statements submitted by the appellant accurately reflects the appellant’s true
financial position or that such funds will be available to the appellant.

In reply to this reason for refusal the appellant submits with respect that the Bank
Statements submitted by the appellant with her applications are genuine, the
same are of different periods and are true reflections of economic and financial
position of the appellant’s parents. The said amount is genuinely available to the
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appellant during her proposed visit to United Kingdom. Copies of enclosed bank
statement can be examined by this Honourable Tribunal and can be verified from
the issuing Banks/authority. Further the appellant is proceeding to UK with her
parents and father of the appellant has now sworn an affidavit with regard that he
will bear all the expenses of the appellant for his visit and stay in United
Kingdom. The said Affidavit is enclosed with this appeal as Annexure “G” which
is additional documentary evidence and now she has submitting previous banks
statements of different periods which shows that in past there had been
transactions and sufficient amount in the Bank accounts of father and mother of
the appellant. So the bank statements are genuine and the amount lying therein
is available to the appellant.

It is mere doubt of ECO that the Bank statements submitted by the appellant with
the application are not genuine. It is submitted with respect that shattering
someone’s trusts and to doubt one’s good faith is itself a deformity, which brings
nothing but distrust and distress.

With regard to second reason for refusal it is submitted with respect that the
appellant is a regular student at Government Women College, Murree Road,
Rawalpindi and now the appellant is enclosing with this appeal a Certificate
issued by the College substantiating the appellant’s contention that she is a
regular student with the said college. The said Certificate is annexed as
Annexure “H”.

The appellant with good faith and intention assure and guarantee this Honorable
Tribunal that the only purpose of the appellant to visit United Kingdom is to see
and meet her sister in UK and the appellant will not linger her stay and will leave
UK after expiry of the allowed period and she will abide by all the prevailing rules
and regulations in this regard.

The appellant’s father and mother are sound persons financially and
economically. The appellants’ case for grant of visit visa cannot be
rejected/refused mere on the basis of doubts and presumptions. The above
mentioned facts are enough to prove family, economic and social ties of the
appellant in Pakistan. It is a mere presumption of ECO that the appellant will not
leave United Kingdom on expiry of requested time of visit. It is natural right of the
appellant to meet with his real sister in United Kingdom.
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Indeed the above said facts prove the strong social and economic ties of

Appellant and their sound financial position in Pakistan. As the appellant’s

parents have valuable business in Pakistan and also own valuable properties.

The appellant also assures this Honourable Tribunal that she will not seek

employment or financial assistance from public funds in United Kingdom.

The appellant has a prima facie case for grant of visit visa on merits and refusal

of her application is injustice towards the appellant. The appellant is submitting

the instant appeal in good faith and conscious.

It is pertinent to be mentioned here that appellant’s application for grant of visit

visa has been refused without affording the appellant an opportunity of an

interview, therefore, the refusal is against the principles of natural justice “No one

should be condemned unheard”.

PRAYER:

In the light of foregoing submissions, new convincing evidences and the

circumstances of appellant’s case it is, therefore, humbly prayed that the case in

hand be reviewed on the basis of principles of natural justice and humanitarian

grounds. And the Appellant may very graciously be granted visa as visitor to

United Kingdom so that the Appellant could visit and can see her real sister

residing in United Kingdom. The Appellant assures your honour that the

appellant will return to Pakistan well within the stated period and she will not over

stay in United Kingdom beyond the requested length of visit.

The Appellant is looking forward and hope for an early positive response from

This honourable Tribunal.

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Appellant
Dated: 25.6.2005.

Sana Yamin Abbasi,

Resident of House No.677, Street No.76,
Sector I-8/3, Islamabad,
Pakistan
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BEFORE THE DIRECTOR GENERAL, IMMIGRATION

DEPARTMENT, ISLAMABAD

Vicrram Lall son of Lall Masih, resident of Ganj Mandi, Christian Street, House
No.W-564, Ganj Mandi, Rawalpindi.

Applicant

Versus

Protector, Immigration Department, Rawalpindi.

….Respondent

APPLICATION FOR ASSISTANCE AND GRANTING

PROTECTOR TO THE APPLICANT

The applicant humbly submits as under:-

1. That the applicant has been issued by the British High Commission,
Islamabad a visa (work permit) in order to participate in Drama Show
in United Kingdom and the said has been lawfully issued to the
applicant after fulfilling all the legal.

2. The said show is being held in 1st week of July, 2005 and the applicant
has to proceed to United Kingdom for the purpose stated above.

3. That the applicant has been visiting the Protector Office, Immigration
Department, Chandni Chowk, Rawalpindi for issuance of Protector to
the applicant but of no avail and the applicant has not been issued
Protector, whereas, my other companion “Kodu” has been issued the
relevant certificate.

It is, therefore, humbly prayed that my case my kindly be considered

sympathetically and I may kindly be allowed and issued Protector Certificate from
the Immigration Authority.

Dated: 23.6.2005.
Applicant
Vicrram Lall
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Client Services,
The College of Law of England and Wales,
Braboeuf Manor, Post Mouth Road,
Catherines Guildford, Surrey GU3 IHA,
United Kingdom.

Ref: Delegate No.0005380 Ref. Fee payment: 613970

VAT Reg. No.2130728 06

Subject: QUALIFIED LAWYERS TRANSFER TEST – REQUEST TO

ACCOMMODATE THE APPLICANT IN NEXT QLTT EXAMS

Dear Sir/Madam,

The applicant submits that he was selected/enrolled for the subject examination
being held on 22-23 August, 2005 by your institution but unfortunately due to
certain circumstances and situation the applicant is unable to attend and
participate in the said examination as allowed by your institution. The main
cause of inability of the applicant to appear in the subject test is that the British
High Commission at Islamabad, Pakistan has not yet processed the applicant’s
application for entry clearance to UK and the applicant has been called for an
interview on 23.8.2005 which date is after the schedule of the subject test,
therefore, it does not seem that the applicant would be able to attend and
appear in the subject test.

For the above said reasons the applicant humbly requests your honour to please
afford an opportunity to the applicant and to accommodate him in the next QLTT
test which will be held in October, 2005 for the best convenience of the applicant
and it is also requested that all the deposited fee may kindly be adjusted for the
next QLTT examination.

The applicant shall be grateful to your honour.

Zaheer Ahmad, Advocate,

R/o Dhoke Jillani, P.O: Bhara Kahu,
Tehsil & District Islamabad, Pakistan
Post Code: 45400
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The Visa Officer,

British High Commission at Islamabad,
Pakistan.

Reference No: 3412/05/A

Subject: APPLICATION FOR GRANT OF A VISIT VISA FOR U.K.

Dear Sir/Madam,

I, Muhammad Aamir Dar, owner of M/s Original Cotton Collection do hereby

submit that I want to join happy new year celebration 2006 in London, therefore,
I seek an entry clearance to United Kingdom for a short period of two weeks.

For the above said reasons it is requested to your honour that I may kindly be
granted and allowed a visit visa for a period of 2 weeks. I have got flight
reservation on 27th December, 2005 from British Airways No.0128, embarkation
from Islamabad and de-embarkation at Heathrow Airport Terminal 4.

I shall be grateful to your honour.

Dated: ____________.
Muhammad Aamir Dar,
Owner of
M/s Original Cotton Collection
Supper Market, F-6, Islamabad