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Can this slip of the pen error be brushed aside?

Discussion in 'Personal' started by opendoors, Sep 5, 2011.

  1. Hie guys,
    I am writing to get your views regarding a refusal we received from United Kingdom Border Agency [UKBA].
    I am a son, who had applied for my single widowed mother who is 56 years old to join me in UK from abroad.
    The UKBA's Entry Clearance Officer refused us on the wrong category from the one we had applied on [refused that we did not meet the requirements for 317i[f] for an under 18 person when we had applied for 317i[​IMG] for an under 65 parent.
    The Entry Clearance Officer acknowledged that though there were compassionate circumstances on our case, there were not most exceptional compared to everyone else in Zimbabwe.
    Do you think the UKBA has a case to answer to us about such an error or UKBA or even an Immigration judge will BRUSH ASIDE our appeal by saying it was just a slip of the pen error so it wouldn't change anything.
    Thank you.
     
  2. Hie guys,
    I am writing to get your views regarding a refusal we received from United Kingdom Border Agency [UKBA].
    I am a son, who had applied for my single widowed mother who is 56 years old to join me in UK from abroad.
    The UKBA's Entry Clearance Officer refused us on the wrong category from the one we had applied on [refused that we did not meet the requirements for 317i[f] for an under 18 person when we had applied for 317i[​IMG] for an under 65 parent.
    The Entry Clearance Officer acknowledged that though there were compassionate circumstances on our case, there were not most exceptional compared to everyone else in Zimbabwe.
    Do you think the UKBA has a case to answer to us about such an error or UKBA or even an Immigration judge will BRUSH ASIDE our appeal by saying it was just a slip of the pen error so it wouldn't change anything.
    Thank you.
     
  3. Middlemarch

    Middlemarch Star commenter

    Why do you believe your mother's situation to be 'exceptional'?
     
  4. It does state that there has to be 'the most exceptional compassionate circumstances'. It sounds as if you don't qualify on these grounds.
    Are you employed here and is your mother dependent on your income?
    Are you allowed to re-apply on different grounds?
     
  5. Aah, after re-reading your post I think I understand the problem more clearly now.
    Your mother was refused admittance based on a different category than the one you actually applied in.
    Is there a telephone number with which to reach them? Probably best to take this up with immigration directly, as I'm not sure if we can be of any practical help.
    Good luck.
     
  6. I'm sorry but I don't think it was a slip of the pen. You said "The Entry Clearance Officer acknowledged that though there were
    compassionate circumstances on our case, there were not most exceptional
    compared to everyone else in Zimbabwe." - that seems like they refused because the circumstances were not 'most exceptional'.

    Sorry, I know things are hard in Zimbabwe for everyone.
     
  7. harsh-but-fair

    harsh-but-fair Senior commenter

    So you didn't get into Canada, opendoor?
     
  8. @ Harsh-but-fair. Yes, am still teaching in UK. Feared the unknown and decided to stay.
     
  9. @ sashh. Slip of the pen on the category we applied on - we applied under the 317.i[​IMG] 'a dependant parent under the age of 65 financially dependent on the son in UK' but they replied refusing us on the wrong category 317.i.[f] 'under 18 dependant'
     
  10. @ tartetain. we have have appealed and been told that we have to wait for about 6 months for an appeal hearing in front of a judge.
     
  11. @ sashh and everyone else.
    When we applied we provided UKBA with my mother's medical history and social worker report dating back from 2002 up to current from different doctors from different countries. She has mild mental health issues, lost weight, high blood pressure, she now can't do simple chores because of severe backache and she is living in Zimbabwe on her own with no one to look after her [her health is very poor].
    She is a widow and unemployed and fear for her life since she has been victimised several times because of [my support for the opposition party though at a very low level].
    I transmit funds to her every month. I can still continue to support her financially while she is there but what she needs is emotional support.
    I can't return to Zimbabwe because I fear for my life as I left Zimbabwe after severe attacks while I was working there as a teacher from the regime. I have never claimed asylum in UK as I was on a work permit then got settlement.
    Thats the background of the case, which has been refused because circumstances are not most exceptional [what is most exceptional then?] on top of that they assessed on a wrong category.
    Thanks guy for taking your time listening to my cry.
     

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