My mother applied for visit visa application and an interview was conducted and finally visa was refused. I am attaching refusal and interview. Please guide me how can I satisfy ECO that he grants visa.
Decision and reasons Letter
"I have refused your application for a visit visa because I am not satisfied that you meet the requirements of paragraph(s) V4.2 of Appendix V because:
In order to assess your intentions I must consider your circumstances in Pakistan based on the information you have provided with your application. You state you intend to travel to the UK for 9 days to visit your son. I have recognised the importance of family visits and have carefully considered your application. I have considered the evidence provided and written statements you and your sponsor have both made.
I note this application was initially refused on the on 03/03/2019 and you were granted a reconsideration after a pre-action protocol letter was submitted. As part of this reconsideration process you were asked to attend an interview.
I have reviewed the interview and the documents submitted and I notice a number of inconsistencies that lead me to question the accuracy with which you have presented your circumstances and therefore your intentions.
For example, when asked at interview how long it has been since your son you stated that it had been 9 years. However in your application you state that you have not seen your son for 7 years and you last saw him in 2011.
I note you were asked how often you speak to your son and you stated that you speak to him everyday. When asked questions regarding your sons circumstances such as his employment and his home you said that you did not know. I do not find in credible, given that you state you speak to your son every day that you would not know details such as why you cannot stay in his home or whether he is employed. This leads me to question the accuracy with which you have presented your personal circumstances.
I note you were asked about your family in Pakistan, you were asked who you live with in Pakistan and you stated that you live with your Husband and your Daughter however on your application form you stated that you have 4 dependant grandchildren whom you care for. You were asked several times to clarify your family circumstances and there were discrepancies with each of the answers given. This leads me to further question the accuracy with which you have presented your circumstances.
You were asked whether any of your family have applied for visas for the UK. You stated that your son has another wife with whom he had 4 children and that these 4 children live with you and that you did not know what had happened with their visas or when your son had applied for these visas or why your son had applied for these visas. I note that your son applied for visas for these children to join him in the UK less than a year ago and that these applications were refused. Our records show that during the application process for these children you provided a witness statement. Given that you care for your sons 4 children, you provided a witness statement for their visa applications and that you state that you talk to your son everyday I do not find it credible that you would not know details regarding your son applying for visas for these children. This leads me to further question the accuracy with which you have presented your circumstances and your intentions. This undermines the credibility of your application as a whole.
Given the above I am not satisfied that your intentions and circumstances are as you have set out. Therefore I am not satisfied that you are a genuine visitor and that you will leave the UK at the end of your visit. Therefore your application is refused under paragraphs V4.2 (a), (c) of the Immigration Rules. Further considerations
I have considered the information and evidence submitted in your application in accordance with current guidance on assessing visa applications. I am satisfied that the circumstances presented in your application are not capable of engaging human rights and therefore a human rights claim has not been made. I have reached this conclusion you have applied for a visa to enter the UK as a visitor to visit your son for 9 days. The documents you have submitted do not demonstrate that you would not be able to visit with your son elsewhere outside of the UK. Consequently this decision to refuse your visa application is not a refusal of a human rights claim and there is no right of appeal against this refusal."
- I am an Entry Clearance Officer. I will be interviewing you today with regards to your visa application. I will be maintaining a record of the questions that I ask and the answers that you give. Do you understand? Yes
- Could you please confirm your name and date of birth for me? XXXXXXXXX, I don’t remember my date of birth. I am illiterate, I think its 15th but I don’t know.
- Are you feeling fit and well, not tired or confused? Yes
- Do you understand my Urdu? Yes
- Are you happy to be interviewed in Urdu? Yes
- Purpose of visit to the UK? My son is there in the UK. I want to meet him. It’s been 9 years since I have seen him.
- How long are you going for? Why are you going for such a short amount of time if you have not seen him? 10 days. Why are you only going for 10 days? I mean he has just got a permit, this is why I have planned now. My husband is in Pakistan and my daughter so I cannot leave them for a long time. My son says that I cannot stay there for a long time, it will be good for a short stay.
- Where will you stay? He will accommodate me in a nearby hotel.
- Why will you not stay with your son? Will anyone stay with you in the hotel? I think it’s a small home. I don’t really know about the system there in the UK. I’ll stay alone but my son and daughter in law and the kids will come and see me there.
- What does your son do in the UK? How often do you speak to him? I don’t know. I think he is doing some work but I am not too sure what he does. Every day. These are contemporaneous typed notes
- What other family do you have in the UK? Only my son and his family. Apart from that, no one else.
- Who do you live with in Pakistan? With my husband and my daughter. She also lives in Islamabad with her husband. Is your daughter married? Yes, she is married and I have my grandchildren as well. 13.How many daughters do you have in Pakistan? Where does your other daughter live? Two and one son, he is in the UK. How many children each do your daughter’s have? You state you have nine grandchildren, where are the other four? You said one daughter has two children and the other daughter has three, so that is five, not nine or four. Please can you clarify how many grandchildren you have as you have given different answers? The younger one has two children and the elder one has three children. It’s not nine, it is four. One grandson and three granddaughters. I was under the impression you were asking about my son, so she has five grandchildren in total and four in the UK. Five in Pakistan and two in the UK.
- Do any of your family in Pakistan hold visas for the UK? No, no one has.
- Have any of your family applied for visas for the UK? You have just advised us that you have two grandchildren in the UK, I mean my son has a wife, through that he has four children and they are living in Pakistan with me and I don’t know what has happened to that. Yes, that is through a separate marriage.
- When did your son apply for his four children to go to the UK? I don’t know. He was saying that he was trying but I don’t know what for.
- Why are you travelling to the UK without your family? I am just going to see my son as his children also left with me. It has been ages and I would like to go and meet him.
- You state your son can’t travel to Pakistan, why? I think he has some issues; there is some enemy in Pakistan.
- Why is your situation different? I think it’s a persona enemy he has in Pakistan and therefore the UK government does not permit him to go as it is life threatening I think so. I think that is why my son has not been permitted to come here. He hasn’t shared anything. All I know is that he has enemies in Pakistan and therefore he will not be in a position to come here.
- How long have you lived at your current address? It has been four to five years. I can’t remember, only 4 – 5 but it could be more than that as well.
- Where did you live earlier? Where is that? I was in my village. xxxxxxxxxxxx
- What was the reason for changing address? It is due to our children’s education we have relocated.
- Have you or any members of your family had any dealings with the local or federal authorities, including the police, in the last 2 years? (please provide details – was the applicant the complainant or did someone complain against them) No
- Where in Pakistan are your husband and daughter now? XXXXXXXXX
- Do you have relatives in other parts of Pakistan? (where?) In the neighbouring areas only, I have my sister she also lives nearby.
- Do you perform any official duties connected with your religion or a religious organisation? (e,g, preaching, administrative etc.) I do not do, but I listen.
- Do you intend to return to Pakistan at the end of your visit? Yes, I am leaving my husband and children in Pakistan so how can I not.
- Is there any reason you can think of why you might not return to Pakistan at the end of your visit? I don’t.
- Have you understood the questions? Yes. Years and numbers I don’t remember but apart from that, I remember the rest of the things.
- Are you still feeling fit and well? Yes. I think I have tonsils pain, like due to age I am feeling pain there.
- Are you happy with the conduct of the interview? Yes
- Is there anything you would like to add at the end of the interview for my record? Please if you could consider me as a mother, I have left my child for a long time and I would like to go and meet him and If I have given any wrong answers, please do not consider that.
- That’s the end of the interview. You will be contacted in the next few days once your application has been concluded. Thank you for your time.
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