Refusal of visitor visa
10. Before we decide if we should investigate a complaint, we look at whether there are signs the organisation has got something wrong. We do this by comparing what should have happened with what did happen. We have done this and, we have not found any indications that something has gone wrong.
11. Mrs K complains that UKVI did not understand the banking system in Iran and therefore made incorrect assumptions when considering Mrs A’s visa application. She also complains that UKVI did not seek clarification about Mrs A’s family situation in Iran and requested a number of unrelated pieces of information on the visa application such as details of parents.
12. The letter from UKVI, dated October 2021, details the reasons for refusal of the visa as ‘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: Immigration Rules for Visitors’. It then details the two reasons for the refusal on these grounds:
1) ‘I am not satisfied that you have given a clear account of your financial circumstances in your home country. This undermines the credibility of your application to the extent that I am not satisfied that you are a genuine visitor who will leave the United Kingdom at the end of the period of your visit.’
2) ‘Whilst the identification document submitted shows that you have children, the whereabouts and/or circumstances of these children have not been evidenced in your application. The documents submitted do not show that you have any other family members remaining in your home country. I am not satisfied that you have been able to demonstrate that you have strong personal ties outside of the UK to ensure you will leave at the end of your proposed visit.’
13. Paragraph(s) V4.2 of Appendix V state:
‘The applicant must satisfy the decision maker that they are a genuine visitor, which means the applicant:
(a) will leave the UK at the end of their visit; and
(b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and
(c) is genuinely seeking entry or stay for a purpose that is permitted under the Visitor route as set out in Appendix Visitor: Permitted Activities and at V 13.3; and
(d) will not undertake any of the prohibited activities set out in V 4.4. to V 4.6; and
(e) must have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds, including the cost of the return or onward journey, any costs relating to their dependants, and the cost of planned activities such as private medical treatment. The applicant must show that any funds they rely upon are held in a financial institution permitted under FIN 2.1 in Appendix Finance’.
14. The refusal letter states one of the reasons for refusal of Mrs A’s visa was that the bank accounts she provided information for had been recently opened with the equivalent of several months’ income. They were also held on deposit until after the date of Mrs A’s visit to the UK.
15. Mrs K told us this shows UKVI do not understand the banking system in Iran, where banks advise people to regularly switch accounts due to fluctuations in interest rates. She also does not feel UKVI should be asking or questioning her sister on what she is doing with her money.
16. The refusal letter states the second reason for refusal of the visa was that Mrs A had not evidenced the whereabouts or circumstances of her children in the application.
17. Mrs K told us this was because the form did not allow this information to be added, and is misleading and complex.
18. The Home Office Visit Caseworker Guidance states:
· ‘When assessing an application you should consider do they have sufficient funds, maintenance and accommodation for the duration of their stay’
· ‘When assessing whether the applicant meets the requirements of the Visitor Rules the burden of proof is on the applicant to show they meet the validity and eligibility requirements’
· ‘You should refuse if the applicant has not provided sufficient evidence to satisfy you, on the balance of probabilities, that they meet the requirements of the Visitor Rules.’
· ‘The reasons for refusal must be factual, clear and relevant to the application’.
19. Mrs K wrote to UKVI on 5 October 2021 to complain about the refusal of Mrs A’s visa. UKVI responded directly to Mrs A on 1 November 2021. In this it stated: ‘The onus is on each applicant to ensure that they provide the required evidence to show that they meet the requirements of the Immigration Rules for the category under which they are applying. For visitors, this includes evidence that they are able to maintain and accommodate themselves during their stay and that they intend to leave the UK on the end of their visit. In order to show this, applicants should ensure that they present full and accurate information about their current circumstances. Where a refusal decision is made, it is open to an applicant to re-apply, provided they can demonstrate that they fully meet the relevant requirements and address the reasons for refusing their previous application.’
20. Mrs K submitted a further complaint to UKVI on 1 November 2021. UKVI responded directly to Mrs A on 23 November 2021. In its response, UKVI explained it had asked a Duty Officer (DO) to review the decision on Mrs A’s visa that was made by the Entry Clearance Officer (ECO). They explained: ‘the DO said that the evidence provided does not highlight any error in law. Therefore, the DO remains in agreement with the ECO’s concerns regarding your circumstances and intentions. The ECO’s concerns are accurate, proportionate, in accordance with the Immigration Rules and correctly led to the refusal of your application on the balance of probability’.
21. UKVI also explained, in its complaint response, that Mrs A was able to submit a new application at any time, and may wish to engage a qualified immigration advisor to help with the application.
22. We recognise Mrs K has been unable to have her sister visit her in the UK due to the refusal of Mrs A’s visa. We also acknowledge Mrs K’s view that her sister’s situation is unlikely to change, as well as her concerns about Mrs A’s ability to apply for other visas, and how this may be affected by the UKVI decision. UKVI have explained that Mrs A is still able to apply for a visit visa, and that any new application will be considered on the information supplied at the time. They have also explained how Mrs A can seek advice from an immigration advisor when submitting a new visa application.
23. Taking all of the information into account, it is our view that UKVI assessed Mrs A’s visa application based on the information she provided. There is no requirement for the caseworker considering the application to seek clarification or further information from the applicant. It is the responsibility of the applicant to provide all the information necessary for the caseworker’s consideration.
24. Whether to approve the visa application was a discretionary decision for the caseworker to make, taking into account what the law requires, as set out in the Immigration Rules. UKVI explained, in its refusal letter, why it was refusing the visa and the reasons for this. Having reviewed the explanations UKVI provided, as to why it was not satisfied with the financial evidence provided in support of the visa application, these are in line with the guidance to caseworkers, as explained above. As it was not clear where the funds had come from, and it appeared that they would not be available until after the planned visit, we are satisfied that there are no indications of maladministration in the refusal. UKVI also requested the decision was reviewed as part of the complaints process, and explained how the findings of this review supported the original decision. It is our view this followed the Home Office Visit Caseworker Guidance and therefore we will be talking no further action on this complaint.