IMMIGRATION & ASYLUM ACCREDITATION SCHEME LEVEL 1 DRAFTING ASSESSMENT. DATE: 7 th October 2014

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1 IMMIGRATION & ASYLUM ACCREDITATION SCHEME LEVEL 1 DRAFTING ASSESSMENT DATE: 7 th October 2014 Page 1 of 57

2 INSTRUCTIONS TO CANDIDATES THE INVIGILATORS ARE UNABLE TO ANSWER ANY QUESTIONS ABOUT THE EXAM PAPER. IF YOU ARE UNSURE ABOUT A QUESTION, EXPLAIN THE APPROACH YOU HAVE ADOPTED IN ANSWERING IT. The time allowed for this examination is 1½ hours plus 30 minutes reading time. Please note that during reading time you are not permitted to write anything in your answer booklet. During this time, however, you may make notes on your rough paper. Write in blue or black ink. This exam paper contains 57 pages. Please ensure that all pages are attached. This examination is divided into two optional parts. Part A Asylum Option Part B Immigration Option You must draft the statement for ONLY ONE QUESTION. If you draft both statements for both questions, only your first statement will be marked. Total marks available: 100 marks This paper was set on 18th September 2014 and candidates will obtain marks if they show an accurate knowledge of law on that date. Although you will not lose marks for making reference to later developments, this will not earn bonus marks. You will be assessed in accordance with the attached criteria. Permitted materials: This is an Open Book examination. This means that candidates may take into the examination room any material, including text books, other bound material, downloaded material, personally prepared notes and lecture notes. All documents may be annotated and underlined in as much detail as the candidate requires. Post it notes are also allowed in this context. The use of electronic devices is NOT permitted in the exam. To pass this assessment, candidates must obtain at least 50% of the available marks. Page 2 of 57

3 Permitted materials may be annotated, which means you may add handwritten notes to pages of publications. They may also be highlighted and underlined. You are not permitted to take extra blank sheets into the examination. Page 3 of 57

4 PART A ASYLUM OPTION Page 4 of 57

5 You work at Piper and Smith LLP Solicitors. INSTRUCTIONS TO CANDIDATES Your supervisor saw a new client, Mr Ali Mohammed Issa in relation to his asylum appeal. He took Mr Issa s initial instructions and concluded that there were reasonable prospects of success at this appeal. The hearing is due to take place at Taylor House in four weeks time. Your supervisor gave you Mr Issa s newly opened file containing the following documents: Document 1: Document 2: Document 3: Document 4: Document 5: Document 6: The record of the client s Level 1 Screening Interview; The record of the client s Asylum Interview; The Reasons for Refusal Letter; Your supervisor s note of his meeting with the client; Your supervisor s Chronology of Events; Extracts from country material, including map of Niger; The witness statement should reflect the fact that the client s removal would breach the UK s obligations under the 1951 Refugee Convention and Article 3 of the European Convention on Human Rights. Your supervisor asks you to produce a first draft of the statement that will form the client s evidence-in-chief at the hearing. The client has not previously instructed solicitors because he thought it was not necessary as, in his view, he had a strong case. Your supervisor has made it clear that the statement should tell the whole of Mr Issa s story and not only reply to the reasons for refusal letter. Your supervisor emphasises that the statement must be in the appropriate form. Your supervisor asks that if: (a) (b) further instructions are required on any issue, and/or further evidence that should be obtained; you should clearly list them at the end of the statement or mark them in the text of the statement to enable your supervisor to collate the further evidence that should be obtained and to take any further instructions necessary. Please draft the statement as required by your supervisor. Page 5 of 57

6 Document 1: Our Ref: A Port Reference TN2/48732 Date of Asylum application: 25 July 2014 SCREENING INTERVIEW LEVEL 1 SECTION ONE: 1.1 Are you fit and well and content to be interviewed (if not, why not) Yes, but I am very stressed 1.2 Would you prefer to be interviewed in Hausa or English language? Hausa, please. 1.3 Can you understand what I am saying? Yes 1.4 What language would you prefer to use in any further interview? (including dialect?) Hausa, please 1.5 Claiming Asylum in your own right TO BE READ OUT LOUD TO MAIN APPLICANT: Yes You have claimed asylum in the United Kingdom. Do you believe that you have a well founded fear of persecution or that there is a real risk that you will be subjected to torture or inhuman an degrading treatment if you are removed from or required to leave the United Kingdom (Yes/No) 1.6 The questions I am about to ask you relate to your identity, background and travel into the United Kingdom. At this stage you will only be asked to give very brief details about your asylum claim. 1.7 You will not have to leave the United Kingdom while your asylum application is being considered. However, it is possible that the United Kingdom may not be the state responsible for considering your asylum application. Yes Yes, I do You will be informed of any application or decision to transfer your case to another country. The information you give us, including biometric date such as fingerprints will be Page 6 of 57

7 held in confidence. However this may be disclosed to other government agencies, local authorities, law enforcement bodies, international organisations and asylum authorities of other countries that may have responsibility for your asylum claim. This is to enable them to carry out their functions, including the prevention and detection of fraud. The information you give us may also be used for documentation purposes in the event that you asylum application is refused. You must answer the questions fully and truthfully. Failure to do so may damage your credibility and may affect the outcome of your asylum applications. You should also be aware that making a false statement or representation may constitute an offence under immigration legislation and may therefore, render you liable to prosecution and imprisonment. Do you understand this? (Yes/No) 1.8 You will be notified of a requirement to attend your First Reporting Event after this interview. If you are required to attend a personal interview you will be given and Invitation to Substantive Interview letter at your First Reporting Event. This letter will inform you of the date, time and location of your asylum interview. Yes, I do Your application may be treated as implicitly withdrawn if you fail to attend the personal interview, unless you demonstrate within a reasonable time that the failure was due to circumstances beyond your control. This is in accordance with the provision outlined by paragraph 333C of the Immigration Rules. If your application is recorded as being withdrawn, it will not be substantively considered. Do you understand this? (Yes/No) 1.9 I certify that the above details are fully understood and are correct: Signature of Applicant: 1.10 Signature of Screening Officer Ali Mohammed Issa Diana Walters 1.11 Interpreter s Code SECTION TWO: PERSONAL DETAILS 2.1 What is your family name? Issa 2.2 What are your other names? Ali Mohammed Page 7 of 57

8 2.3 What are other names have you used? None 2.4 Gender? Male 2.5 What is your date of birth? 1 January How old are you? I am 32 years old 2.7 Where were your born? In Niger, Niamey 2.8 What is your nationality? I am a national of Niger, however my father and mother were Ghanian nationals. 2.9 What is your ethnic origin? My parents were Ghanaian Indians, so I guess I am the same Who are Ghanaian Indians? Ghanaians of Indian origin or descent But you are from Niger, isn t that right? Yes, but my parents are from Ghana 2.12 What is your religion? Muslim 2.13 Where did you worship in your country of origin? In Niamey Grand Mosque 2.14 What is your normal occupation? Fashion designer 2.15 What was your address in Niger? Artisans Walk, 4735, Rue GM 12, Niamey What is your address in the UK? Flat 384, Osterley Court, Water Lane, London E15 4LZ 2.17 Do you have a contact telephone number? Yes, I do. It is: I certify that the above details are fully understood and are correct: Signature of Applicant: 2.20 Signature of Screening Officer Ali Mohammed Issa Diana Walters 2.21 Interpreter s Code SECTION THREE: MEDICAL CONDITION 3.1 Are you in good general health? Yes Page 8 of 57

9 3.2 Do you have a medical condition? No 3.3 When did you last receive treatment by a doctor? Cannot remember 3.4 I certify that the above details are fully understood and are correct: Signature of Applicant: 3.5 Signature of Screening Officer Ali Mohammed Issa Diana Walters 3.6 Interpreter s Code SECTION FOUR: FAMILY DETAILS 4.1 What is your marital status? I am married. I married in Do you have any children? Yes, two - boy and girl. 4.3 What family do you have in your country? I don t have any family members there. My parents died several years ago and I do not have any siblings. 4.4 Do you have any other immediate family that you No have not already mentioned? 4.5 I certify that the above details are fully understood and are correct: Signature of Applicant: 4.6 Signature of Screening Officer Ali Mohammed Issa Diana Walters 4.7 Interpreter s Code SECTION FIVE: TRAVEL/ROUTING DETAILS AND DOCUMENTATION 5.1 When did you leave your country of origin? 29 October 2013 Page 9 of 57

10 5.2 What was the date and time of your arrival in the UK? 5.3 Where were you between 29 October 2013 and 25 July 2014? On 25 July 2014 at around 4pm In Ghana, I was in hiding together with my wife and two children at my friend s house. 5.4 What is your friend s name? Ahmed Madarak 5.5 Where are your wife and children now? In Ghana 5.6 Are they lawfully there? No, they are not. You need a visa to be in Ghana if you are a national of Niger. 5.7 What document did you use to enter the UK? Passport 5.8 Was it your passport? No, Ahmed Madarak s 5.9 Do you have your own passport? No, not with me. It is in Ghana. My wife has it What was your port of arrival? Heathrow 5.11 What method of transport did you use to travel to the UK? 5.12 What was the last country you were in before coming to the UK? 5.13 Which other countries did you travel through before arriving in the UK? 5.16 Why did you apply for asylum only after the Immigration Officer found out that the passport you were using to cross the border was not yours? 5.17 Would you like to add any other information to your statement? 5.18 I certify that the above details are fully understood and are correct: Signature of Applicant: 5.19 Signature of Screening Officer Plain Ghana None it was a direct flight It was my intention to claim asylum at the border and I claimed asylum at the border. I would have claimed asylum in any case, irrespective of whether the officer found Ahmed s documents or not. No Ali Mohammed Issa Diana Walters 5.20 Interpreter s Code SECTION SIX: BRIEF DETAILS OF THE CLAIM Page 10 of 57

11 6.1 What was your reason for coming to the UK? I needed to claim asylum. The UK has a good reputation for protecting human rights. 6.2 BRIEFLY explain why you cannot return to your home country? That is not necessary at this interview. I just want to have a brief outline 6.3 Would you like to add any other information to your statement? 6.4 I certify that the above details are fully understood and are correct: Signature of Applicant: Date: 29 July 2014 Because I fear that I will be detained, tortured and killed in Niger. No Ali Mohammed Issa 6.5 Signature of Screening Officer (Officer to print name and grade here): Date: 29 July Signature of Countersigning Officer (Officer to print name and grade here): Diana Walters HEO5 Date: 29 July 2014 James Brown ACEO 6.7 Interpreter s Code END OF SCREENING INTERVIEW FORM Page 11 of 57

12 Document 2: Name: Ali Mohammed Issa Our Ref: A Port Reference TN2/48732 Date of Asylum Claim: 25 July 2014 Date and time of interview: 5 August 2014 Interviewing Officer: Jacqueline Collins STATEMENT OF EVIDENCE FORM (SEF) Combined Interview and NINO Application Part A: INTRODUCTORY INFORMATION AND NINO APPLICATION (A copy of part A should be submitted to the DWP in the event of the applicant being granted leave in the United Kingdom) NI Logging Number (for Inland Revenue use) TB Home Office Reference Port Reference Detention/TA Expiry Date Interview Date & Scheduled Start Time Interviewing Officer Language of Interview Dialect of Interview (where relevant) A TN2/48732 n/a 5 August 2014; 9.30am Jacqueline Collins Hausa n/a Home Office Interpreter 9112 Actual Start Time 9.30am Introduction Done Page 12 of 57

13 Name of legal representative/firm Not present Interpreter (where relevant) 9112 Confirm identity of interviewee Yes Explanation of procedures (combined interview & NINO application) You will shortly be interviewed about your asylum claim. The information you give us will be treated in confidence and the details of your claim for asylum will not be disclosed to the authorities of your own country. However, information may be disclosed to other government departments, agencies, local authorities, international organisations and other bodies where necessary for immigration and nationality purposes or to enable them to carry out their functions. Information may also be disclosed in confidence to the asylum authorities of other countries, which may have responsibility for considering your claim. If your asylum application results in a grant of leave to enter or remain in the UK, the information in Part A [pages 1-4] will form the basis of your application for a National Insurance (NI) number and will be disclosed to the Department for Work and Pensions and the Inland Revenue who operate the NI scheme. The NINO application will be made on your behalf only and does not extend to any dependants. Any dependants will need to make their application to DWP themselves. You need a NI number so that any contributions you need to pay to the NI scheme can be recorded and in order to claim UK benefits. If your asylum application is unsuccessful and you are to be removed from the UK, it may be necessary for us to provide information about your identity to the authorities in your own country in order to obtain travel documentation. 1. Have you understood everything that has been explained to you? Yes 2. Do you understand me? Yes 3. Are you content to be interviewed in Hausa? Yes 4. Are you fit and well and content to be interviewed to day? Yes, but I feel very stressed and I have not been able to eat today. 5. Well, just tell me if you need a break OK 6. It is important that you answer my questions. I shall write down everything that you say. If you are not clear about a question, you should ask for clarification. Is that clear? Yes 7. Surname/Family Name Issa Page 13 of 57

14 8. Forename Ali Mohammed 9. Are you content to be interviewed in Hausa? Yes, please 10. Title Mr 11. What is your nationality I am a national of Niger 12. Date of Birth 1 January Gender Male 14. Date arrived in the UK 25 July Current Address in the UK Flat 384, Osterley Court, Water Lane, London E15 4LZ 16. Previous address in the UK N/A 17. Last address in the Country of Origin Artisans Walk, 4735, Rue GM 12, Niamey 18. Have you ever been to the UK before? No 19. Do you have an National Insurance Number? No 20. Are you married? Yes 21. Children? Yes, two, boy and girl (aged 10 and 11) Your Spouse s/partner s Details 22. Surname/Family Name Aboah 23. Forename Ajoba 24. Title Mrs 25. Nationality Niger 26. Date of Birth 1 June 1984 Additional Information Box Page 14 of 57

15 Use this space to explain further any information already supplied. Continue on separate sheets if necessary Declaration a. I do not currently have a National Insurance number and wish to apply to be registered for one if any claim for asylum results in the grant of leave in the United Kingdom. b. I declare that the information given is correct and complete. c. I understand that if I give information that is incorrect, action may be taken against me. d. I have not successfully applied for a National Insurance number and am not waiting to be notified of the outcome of a previous application for a National Insurance number. e. I agree to my National Insurance number being notified to the Home Office and for the Home Office to notify me. f. This form was completed by the interviewing office on my behalf and has been read back over to me. I agree with the information that has been recorded. Signature of the Applicant: Signature of the Interviewing Officer: Ali Mohammed Issa Jacqueline Collins THIS IS THE END OF PART A OF THE SEF FORM Page 15 of 57

16 Name: Ali Mohammed Issa Our Ref: A Port Reference TN2/48732 Date of Asylum Claim: 25 July 2014 Date and time of interview: 5 August 2014 Interviewing Officer: Jacqueline Collins STATEMENT OF EVIDENCE FORM (SEF) Combined Interview and NINO Application Part B: INTRODUCTORY INFORMATION 1. Surname/Family Name Issa 2. Forename Ali Mohammed 3. Are you content to be interviewed in Hausa? Yes, please 4. Title Mr 5. Nationality I am a national of Niger 6. Date of Birth 1 January Gender Male 8. Current Address in the UK Flat 384, Osterley Court, Water Lane, London E15 4LZ 9. Previous address in the UK N/A 10. Last address in the Country of Origin Artisans Walk, 4735, Rue GM 12, Niamey 11. Interview Location Croydon 12. Interview Date 5 August Interviewing Officer Jacqueline Collins 14. Language of Interview Hausa 15. Dialect of Interview (where relevant) n/a Page 16 of 57

17 16. Interpreter Start Time 9.55am Introduction Introduce yourself and the interpreter 18. Do you understand the interpreter? Yes 19. Are you content to be interviewed in Hausa Yes 20. Are you fit, well and content to be interviewed Yes today? 21. Name of representative (not present) I have had my name(s), nationality and date of birth read back to me and I declare this information is true: Signature of the Applicant: Explanation of Procedures: Ali Mohammed Issa The information that you give us will be treated in confidence. No information will be disclosed to the authorities of your own country. Information may, however be disclosed to other government departments or agencies, local authorities, international organisations and other bodies to enable them to carry out their functions. Information may also be disclosed in confidence to the asylum authorities of other countries which may have the responsibility for considering your claim. Explanation of Representative s role (to be given where appropriate): I would ask your representative not to interrupt during the course of the interview. If they wish to make any comments they will have the opportunity to do so at the end of the interview. Curtailment warning (in country cases only): Page 17 of 57

18 N/A 22. What was your reason for coming to the UK? I needed to claim asylum. The UK has a good reputation for protecting human rights. 23. Why do you need protection? If I return to Niger I ll be killed by either state agent or Kabir and/or other members of Sawaba Party. 24. Who is Kabir? A very wealthy and powerful man. He saw that my business was thriving and said that he could invest money into my business so I could buy more sewing machines, hire more people and expand my business. He invested 15 million CFR into my business in return for 10% of the profit. It was a very good deal and I agreed. 25. Did you have a business in Niger? Yes, I was in fashion design business and owned a small shop in Niamey. I did very well there. 26. How much is 15 million CFR in GPB? I don t know, a lot. Around 25,000 I guess 27. So what s happened between you and Kabir afterwards? From January 2013 to July 2013 everything was as agreed, but in July 2013 Kabir said he wanted 60% of the profit. I did not think it was fair as I was the one who was running my business, I did not get any assistance from Kabir, so I disagreed. Then he said I should repay the whole loan back immediately. His money was invested in expensive sewing equipment and I could not repay his loan. It was at that stage when Kabir said that I should become a member of his party, called Sawaba Party or he would kill me and my family. 28. Did you agree? Did I have any choice?! He threatened to kill me and my all my family members! 29. Were you politically active before? Oh, no! I have no education. I have no interest in politics. All politicians in Africa are corrupt anyway. 30. Are you a member of any political party at the Not anymore. present moment? 31. Please describe the flag of Niger It is a red circle with red, white and green strips. 32. When was the Sawaba Party founded? I don t know 33. Can you name the most active member of Sawaba Party? I don t know names, Kabir was one of them. There were other members as well. I always saw them at the meetings but I was not personally introduced to them. They were all very secretive. 34. What was your role in the party? I did general things. Distributing leaflets, helped organised meetings and other simple stuff. Page 18 of 57

19 35. Apart from distributing leaflets and organising meetings, were you involved in any other political activities? No. I did not organise the meetings personally. I just helped others do that. 36. Why did you leave Niger? In September 2013 as I was walking home from the Sawaba Party meeting I was stopped by three men who were wearing black masks. I think they were state agents as they were wearing uniform. They took me to a remote village for interrogation 37. What was the name of the village? I don t know, I was blind-folded when they took me there 38. Then how do you know it was a remote village? Because they were driving me for quite some time before we got there 39. Can you tell me more about this interrogation, please? It s really hard for me to talk about this. Can I have a break, please? 40. We are almost finished, let s continue. If you say so. 41. Where you ever detained? Yes, in Septemb.er Why did they let you go? I don t know. They gave me a phone and told me that they wanted me to be their informant. 43. Were you ever contacted on the mobile phone No, I threw the phone away as soon as I was released. they gave you? 44. Do you have any proof to confirm that you were detained? No. What kind of proof can I provide? I did not take my camera with me. 45. How long did you remain in that remote village? For two days 46. So, they released you in September 2013? Yes 47. Did you report the incident to the police? Why bother, they were the ones who detained me. 48. What happened next? My family and I escaped to Ghana. 49. When did you go to Ghana? On 29 October So you were in Niger for nearly one month after the alleged interrogation and detention? You were not that scared, were you? I was, but I was trying to [could not finish the sentence as he was asked the next question]. Yes, I ve seen it before. 51. How did you travel to Ghana? We went there by bus. Firstly, we went to Burkina Faso and then to Kumasi in Ghana. 52. How long did you stay in Ghana for? From the end of October 2013 to 25 July Where did you live in Ghana? At my friend s house 54. What s his name? Ahmed Madarak 55. Did you ask police in Ghana for assistance? No, they are all corrupt in Africa, especially Niger and Ghana. They all want money. Page 19 of 57

20 56. When did you arrive to the UK? 25 July How did you get here? By plain. 58. When you arrived at Heathrow and passed Yes, he did. through immigration control, did the Immigration Officer speak to you? 59. What did he ask you? I don t remember exactly as I was really stressed. However I do recall that he asked me whether the passport belonged to me. 60. What did you say? I said that it belonged to my friend, Ahmed Madarak and that I wanted to claim asylum. 61. Did Ahmed Madarak give these documents to No, I stole them from him. you? 62. Why did you steal Ahmed Madarak s documents? He told me so many nice things about the UK. He has completed a Masters Degree and had a student visa. He told me England had a justice system and it was really safe there. 63. So you entered the UK by deception? I had no choice, I was really scared and wanted to be 64. Did you take any other documents belonging to Ahmed Madarak? And if so, what kind of documents did you take with you? safe in the UK Yes. I also took his National Insurance Number card, his Natwest ATM card, a slip with UK contacts, his University of Bristol student card and other University of Bristol documents, Ahmed s medical and birth certificates. CONCLUDING QUESTIONS 65. Is there anything else you want to say Yes, I just ask the British government to protect me. I will be tortured and killed if I have to go back. 66. Are there any other reasons other than those you have told me about during this interview why you wish to remain in the United Kingdom? This can include compassionate circumstances, which the Home Office is not aware of and you wish to be taken into consideration? 67. Are you still feeling fit and well? Yes 68. Have you understood what I have said? Yes Nothing I can think of to add at the moment. They will kill me and my family if I go back to Niger. 69. Have you understood all the questions I asked you? Yes Page 20 of 57

21 Interviewing Officer s Declaration: I confirm that I have recorded verbatim the questions that I have asked the Applicant and to the best of my ability recorded verbatim his/her answers as interpreted by the HO interpreter (where applicable) and that I have recorded the pertinent details of events/incidents which occurred during the course of the interview, including documents presented by the Applicant for consideration: Signed: Jacqueline Collins Interview concluded at: 11.25am I confirm that this is a true and correct record of the interview and that I have been given a copy. Signed: Ali Mohammed Issa This is the end of STATEMENT OF EVIDENCE FORM (SEF) Page 21 of 57

22 Document 3: UK Border Agency Waterside House 471 Kirkstall Road Leeds LS4 2QB Tel Fax Web Date of Birth: 01 January 1982 Our Ref: A Nationality: Niger Ghana (believed to be) Date: 15 September 2014 Dear Mr Issa REASONS FOR REFUSAL 1. You have applied for asylum in the United Kingdom and asked to be recognised as a refugee under the 1951 Convention relating to the Status of Refugees (the Convention) on the basis that it would be contrary to the UK s obligations under the Convention for you to be removed from or required to leave the UK. You claim to have a well-founded fear of persecution in Niger. A person is a refugee where, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, that person is outside the country of his nationality and is unable or, owing to such a fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable, or owing to such a fear, is unwilling to return to it and who is not excluded from the protection of the Convention. 2. Your application has not been considered by the Secretary of State personally, but by an official acting on behalf of the Secretary of State. 3. Consideration has also been given to whether or not you qualify for a grant of Humanitarian Protection in accordance with paragraph 339C of the Immigration Rules. A person will be granted Humanitarian Protection in the UK if the Secretary of State is satisfied that: substantial grounds have been shown for believing that the person concerned, if the person returned to the country of return, would face a real risk of suffering serious harm and is unable, or, owing to such risk, unwilling to avail him or herself of the protection of that country; and the person is not excluded from a grant of Humanitarian Protection. Page 22 of 57

23 4. In accordance with paragraph 326B of the Immigration Rules, consideration has also been given to any Article 8 elements of your claim and whether you may be eligible for a grant of limited leave to enter or remain in the UK. Consideration has also been given to whether you may be eligible for a grant of limited leave to enter or remain in the UK in accordance with the published Asylum Instruction on Discretionary Leave. Basis of Claim 5. Your claim for asylum is based on your fear that if returned you would face mistreatment due to your political opinion. Your claim for Humanitarian Protection is based upon your fear that if returned you would face a real risk of being detained and unlawful killing and torture and inhuman or degrading treatment or punishment may take place in the country of return. 6. In considering your application for asylum, careful consideration has been made of your Screening Interview (SCR) conducted on 29 July 2014, the information in your Statement of Evidence Form (SEF), which was recorded at your Substantive Asylum Interview (SAI) on 5 August 2014 and the Country Knowledge and Language Analysis Report dated 11 August The information in these documents has been incorporated into the basis of your claim for asylum. You have claimed that: a) You are Ali Mohammed Issa, born 01 January 1982 in Niamey and a national of Niger. Initially you stated that your parents were deceased and that you had no surviving siblings. Later you advised us that your mother alive is in Niger and you have a sister who is married; b) You never went to school in Niger. You learnt fashion and design in a small shop in Niamey. Subsequently you found a job as a fashion designer and have been working in this business from 2004 to 2013; c) You married in 2004 and you have two children. You wife and children now reside in Ghana. d) When your work dried up you went into business with a man named Kabir. He gave you 15 million CFR (according to xe.com equal 19,905.82) in January 2013 and said he wanted 10% of the profit. e) Your business was thriving and from January 2013 to July 2013 you were paying 10% of the profit from your business to Kabir, as agreed. f) In July 2013 Kabir came to your office and demanded that you start paying him 60% of the profit, which you refused because you did all the work and did not think it was fair. When you refused to pay Kabir 60% of your profit, he requested his money back. He said that you should return the whole amount before the end of July You were unable to repay this amount within such a short period of time because Kabir s money was invested in expensive sewing machines, which were quite difficult to sell because there were no other fashion design businesses in the area where you lived. You explained the situation to Kabir and asked him for more time. g) Kabir told you that he could only renegotiate the terms of loan repayment if you agree join his political party called Sawaba Party and start helping him with various Page 23 of 57

24 tasks such as leaflet distribution, persuading other locals to become members of the party, administrative support during party meetings, etc. Although you were never politically active, you agreed to become a member of Sawaba Party as you thought you had no choice. h) In September 2013 as you were walking home from the Sawaba Party meeting, you were stopped by three men in masks, who forced you into a car and took you to a remote village where you were interrogated for 2 days. You believe that these men were state agents as they were all wearing uniforms. You believe that they wanted you to become their informant and when they finally released you, they gave you a mobile phone and said that they would contact you for information about political activities of Sawaba Party. You threw this phone away. i) At the end of October you and your wife packed your belongings and fled to Ghana. You did not pay any money back to Kabir. You started your journey on 29 October You went to Ghana by bus. You travelled to Burkina Faso. You had no documents at this stage and you did not need to show them to anyone at the border. You then travelled on to Kumasi in Ghana where you remained for several months, until July You submit that it was not safe for you to stay in Ghana either. You could not get protection from the police because they are all corrupt in Africa, especially Niger and Ghana. j) You had a friend in Ghana, Ahmed Madarak and you asked him for help. You had already told him about your problems. He used to tell you about the UK and that he had completed a Masters Degree and had a visa. He told you England had a justice system and you got the idea of escaping to the UK using his passport. k) You stole your friend s passport and entered the UK on 26 July 2014 at Heathrow Airport using your friend s Ghanian passport. The Immigration Officer in the UK questioned whether the document was yours and you admitted that you had stolen it in order to escape Niger and you claimed asylum. l) You cannot return to Niger because you would suffer persecution from Kabir, Sawaba Party and state agents, who wanted you to be their informant. 7. Your claim has been considered but for the reasons given below it has been concluded that you do not qualify for asylum or Humanitarian Protection. It has also been concluded for the reasons given below that you do not qualify for limited leave to remain in the United Kingdom in accordance with the published Home Office Asylum Policy Instruction on Discretionary Leave. 8. Attention has been paid to each of the material facts in turn in order to determine whether they are to be accepted or rejected. 9. On 11 August 2014 you participated in a Country Knowledge and Language Analysis (CKLA), which was conducted by a qualified expert in the assessment of regional and local linguistic traits. Although you claim to be a national of Niger, the report concluded that you speak a variety of Hausa found most likely in Ghana, although Niger could not be altogether excluded. The report also noted that you displayed general lack of knowledge about Niger, that although you could mention a mosque, you could not describe the school uniform in Niger. Furthermore when asked to describe typical dishes of Niger, those you mentioned were in fact from Ghana. Page 24 of 57

25 10. During the CKLA, several questions were put to you in order to assess your knowledge of your claimed country of origin. It is acknowledged that you answered several questions correctly. These include: the capital city, the President and Prime Minister, the dialing code and the flag. However you were unable to recall the date of independence. You correctly named two newspapers but did not name any of the TV or Radio Stations, which are popular in Niger. 11. You were asked to cite the names of the countries, which border Niger. You named Mali, Nigeria, Burkina Faso, Benin and Togo. You failed to name Chad, Libiya and Algeria. Togo does not border Niger. 12. Furthermore when asked to name a river in Niger, you stated that it was Great River. The map detailed on the Niger page of the CIA World Factbook confirms that the River Niger runs through Niamey. 13. The gaps in your knowledge of Niger cannot be outweighed by the answers you gave correctly. Indeed the information you were able to give is available widely in the public domain and does not substantiate your claim to be a citizen of Niger alone. When taken together it is not considered that you have demonstrated knowledge of Niger, which is consistent with your claim to be a national and to have spent all of your life there. 14. In light of the evidence above, your claim to be a national of Niger must be rejected. Rather it is believed that you are a national of Ghana. 15. You claim to be a member of Sawaba Party. You have failed to provide any proof of this. At the interview you were unable to name any key members of Sawaba Party. Therefore it is not accepted that you are that you are a member of that party. 16. Even if it were accepted that you were detained, which is not, it is not accepted that your captors would simply let you go. This part of your account is not accepted as credible. 17. If you were in danger from the Niger authorities, it is not credible that you remained in Niger from September 2013 until 29 October These are not thought to be the actions of a genuine refugee. 18. To summarise, the material facts of your claim have all been rejected, for the reasons given. With regards to the rest of your evidence, paragraph 339L of the Immigration Rules describes the circumstances in which the benefit of any doubt should be given to an applicant, when all of the following conditions are met: The person had made a genuine effort to substantiate his asylum claim or establish that he is a person eligible for humanitarian protection; All material factors at the person s disposal have been submitted and a satisfactory explanation regarding any lack of relevant material has been given; The person s statements are found to be coherent and plausible and do not run counter to available specific and general information relevant to the person s case; The person has made an asylum claim or sought to establish that he is a person eligible for humanitarian protection or made a human rights claim at the earliest possible time, unless the person can demonstrate good reason for not having done so; Page 25 of 57

26 The general credibility of the applicant has been established. You do not meet any of the above criteria. 19. Attention has been paid to your description of how you left your country of origin and the circumstances in which you came to the UK and lodged your asylum claim. You have submitted an inconsistent and contradictory account, as evident from your entire asylum application. 20. The Secretary of State s official is obliged under Section 8 of the Asylum and Immigration (Treatment of Claimants) Act 2004 to consider acts of dishonesty and deception as damaging to the overall credibility of your claim. 21. You entered the UK by deception, after stealing your friend s passport. However on arrival in the UK your baggage was searched. You were found to be in possession of a National Insurance Number card, bearing Ahmed s name, his Natwest ATM card, a slip with UK contacts, a University of Bristol student card in Ahmed s name, other University of Bristol documents, a medical certificate and Ahmed s birth certificate. The amount and type of documentation you arrived with is not consistent with your claim to have simply stolen and used a passport, it suggests that potentially, your intention was to use these items in order to assume Ahmed s identity. Your actions are not consistent with a person genuinely fleeing their country of origin in order to seek protection. This has damaged your credibility under Section 8 of the Asylum and Immigration (Treatment of Claimants) Act In has been considered whether you fear persecution by reason of your political opinion. As set above, it is not accepted that you are politically active as claimed. Therefore it is not accepted that you are targeted by reason of your political opinion. 23. It has been considered whether you fear persecution by reason of your race, religion, nationality or particular social group but you have not provided any evidence to support this. 24. You claim to have stayed in Ghana with your wife and children and you have not claimed that you were harmed there. It is considered that you could safely relocate to Ghana again. 25. You have claimed that you will be subjected to torture and inhuman and degrading treatment and extra-judicial killing on return to Niger and that your removal would therefore be in contravention of Article 2 and 3 of the European Convention on Human Rights (ECHR). For the reasons stated above you have not demonstrated a real risk of such treatment. Therefore you do not qualify for Humanitarian Protection or Human Rights protection. 26. Additionally, careful consideration has been given as to whether there are any other reasons why you may be eligible for a grant of limited leave to remain in the UK in accordance with the published Home Office Asylum Policy Instruction on Discretionary leave. However, for the reasons discussed in this letter, it is not considered that your circumstances would engage the UK s obligations. Therefore you do not qualify for Discretionary Leave. 27. It is also considered that your compassionate circumstances are not sufficiently compelling to justify allowing you to remain in the UK. 28. We have carefully considered all these circumstances individually and together, but for the reasons given above, it is considered that your removal from the UK is appropriate. 29. If you have not taken advice on your position, you are strongly advised to do so now. Page 26 of 57

27 Yours sincerely Paul Williams Asylum Team 5 Leeds acting on behalf of Secretary of State Page 27 of 57

28 Document 4: Attendance Sheet Client: Mr Ali Mohammed Issa Date: 18 September 2014 Fee Earner: Attendance: Rashid Walters New Client; asylum Client came to see me together with his friend who assisted us as an interpreter. They spoke in Hausa language. Client brought a number of documents with him, including: the record of the client s screening Interview dated 29 July 2014; the record of the client s Asylum Interview dated 5 August 2014; Reasons for Refusal Letter dated 15 September All client's personal information is accurately recorded in the above documents. We discussed all points raised in the refusal letter. Clients' comments are as follows: 6.a client does not have any siblings and his parents are both deceased. His wife has their death certificates in Ghana; 6.f he did not mention that Kabir threatened to kill client and all his family members; 9. Client states that nearly 50% of population in Niger speaks Hausa and virtually no one speaks this language in Ghana. Client could recall the name of the mosque, because he was there every day. Client could not describe the school uniform because he never went to school. Only client s mother and wife cooked for client. They are both from Ghana originally and for this reason he is familiar with Ghanian cuisine only. 10. Client was unable to recall the date of Independence Day because he is illiterate and was never good with numbers. Client did not have a TV or Radio set at home and for this reason he was unable to name any of the TV or Radio Stations, which are popular in Niger. Page 28 of 57

29 11. Client used to live in Niamey, which is located in the south-western part of Niger. For this reason he only knows countries which are located at the south-western part of Niger. Togo is only several hours drive from Niamey and for this reason client thought that it bordered Niger. 12. River Niger has always been called the Great River by locals, never River Niger. 15. Client was not told what their names were. Client could recognise their faces, but no one disclosed their names to him. 16. What else could they have done if they wanted client to be their informant? 17. Client was trying to explain to the interviewing officer why he remained in Niger until 29 October 2013, but the interviewing officer would not let him finish the sentence. During this month from the end of September 2013 till 29 October 2013 client was trying to sell his shop and all the equipment in order to return money back to Kabir and have some money for their journey to Ghana. His family members were hiding at his father s friend s house in the basement while client was desperately trying to find a buyer for his shop. Unfortunately, client did not sell anything and was forced to leave the country without paying his loan back to Kabir. He believes that Kabir is very angry with him now and has already sent his men to find client and his family in Ghana. Kabir is a wealthy man and has connections in Ghana and for this reason it was not safe for client to remain in Ghana. It is still not safe for his family there. 21. Client intended to claim asylum on arrival. He did not plan to assume Ahmed s identity. Client s passport is with his wife in Ghana. She can send it to him as a proof that he is a national of Niger. 24. Client and his family cannot relocate to Ghana as they need visas to live there legally; Besides Kabir has connections there as well. Further steps: 1. client care letter within 3 days; 2. to arrange further appointment; 3. Prepare witness statement and advise client on further evidence needed for appeal. Units: 10 Page 29 of 57

30 Document 5: Chronology of Events Date Event 01 January 1982 The Appellant s (Ali Mohammed Issa s) date of birth 2004 The Appellant married Mrs Ajoba Aboah The Appellant works as a fashion designer in Niamey, Niger January 2013 July 2013 July 2013 September 2013 Kabir gives money to the Appellant Kabir requests to repayment of the loan The Appellant is recruited to Sawaba Party The Appellant was taken to a remote village for interrogation by three men in masks 29 October 2013 The Appellant, his wife and children fled to Ghana October 2013 July 2014 The Appellant, his wife and two children reside in Ghana at their friend Ahmed Madarak s house 25 July 2014 The Appellant entered the UK at Heathrow Airport and claimed asylum; 29 July 2014 Screening Interview 5 August 2014 Statement of Evidence Form (SEF) recorded at your Substantive Asylum Interview (SAI) 5 August 2014 Substantive Asylum Interview (SAI) 11 August 2014 The Appellant participated in a Country Knowledge and Language Analysis 15 September 2014 The Appellant s asylum claim is refused; Page 30 of 57

31 Document 6: NIGER HUMAN RIGHTS REPORT EXECUTIVE SUMMARY (EXTRACT) Government respect for human rights did not improve from the previous years. Human rights abuses included the undemocratic manipulation of the constitution and the electoral process; extra judicial killings and use of excessive force by security forces; poor jail and prison conditions; arbitrary arrest and detention; prolonged pretrial detention; executive interference in the judiciary; excessive use of force and other abuses in internal conflict; restrictions on press freedom; forcible dispersal of demonstrators; restrictions on freedom of movement; official corruption; official impunity; societal discrimination and violence against women; female genital mutilation (FGM); trafficking in persons; the practice of slavery by some groups; and child labor. TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT The constitution and law prohibit such practices; however, there were reports that security forces and the MNJ beat and tortured civilians in connection with the conflict in the north, where fighting between government and rebel forces also resulted in civilian injuries. Police reportedly mistreated detained protesters, including politicians and civil society activists, and forcibly dispersed demonstrations, which resulted in injuries. Disputes between farmers and herders resulted in deaths and injuries. PRISON AND DETENTION CENTER CONDITIONS There were 38 penitentiaries with an estimated total of 7,000 detainees countywide. Prison conditions were poor and life threatening. Prisons were underfunded, understaffed, and overcrowded. Corruption among prison staff continued. Officials demanded bribes to let prisoners leave prison for the day and serve their sentences in the evenings or serve their sentences in the national hospital in Niamey. ROLE OF THE POLICE AND SECURITY APPARATUS The armed forces, under the Defense Ministry, are responsible for internal and external security. The gendarmerie, also under the Defense Ministry, has primary responsibility for rural security. The National Intervention and Security Forces (FNIS), under the Interior Ministry, are responsible for domestic security and the protection of high-level officials and government buildings. The national police, also under the Interior Ministry, are charged with urban law enforcement. The police were ineffective, largely due to a lack of basic supplies such as vehicle fuel, radios, uniforms, handcuffs, batons, and badges. Patrols were sporadic, and emergency response time in Niamey could take 45 minutes. Police training was minimal, and only specialized police units had basic weapons-handling skills. Citizens complained that security forces did not adequately police border regions and remote rural areas. Corruption remained an ongoing problem. The gendarmerie is responsible for investigation of police abuses; however, impunity was a widespread problem. Page 31 of 57

32 There were serious backlogs in the judicial system. The law provides for maximum pretrial confinement of 30 months for serious crimes and 12 months for minor offenses, with special extensions in certain sensitive cases; however, some persons waited as long as six years to be tried. At year's end, 76 percent of the prisoners in Niamey's civil prison were awaiting trial. Trial delays occurred due to factors including lengthy legal procedures, inadequate resources, staff shortages, and corruption. KILLINGS Fighting between government and rebel forces resulted in the deaths of several civilians during the year. Soldiers killed suspected informants and rebel collaborators. During the year landmines killed and wounded several persons, according to press reports. The government and the MNJ accused each other of laying the landmines. ABDUCTIONS Local human rights organizations and media published a list of at least 50 individuals held since 2012 in connection with the conflict in detention centers in various localities. There were several cases of abduction by alleged Tuareg rebels. PHYSICAL ABUSE, PUNISHMENT, AND TORTURE There were reports of torture by both government soldiers and Tuareg rebels. There were reports that the army arrested several civilians and beat and detained them in military barracks before turning some over to law enforcement officials. Security forces held some individuals incommunicado. Alleged rebels stopped transport vehicles, beat passengers and stole their valuables. FREEDOM OF MOVEMENT, INTERNALLY DISPLACED PERSONS, PROTECTION OF REFUGEES, AND STATELESS PERSONS Throughout the country security forces at checkpoints monitored the movement of persons and goods, particularly near major population centers. They sometimes demanded bribes. Transportation unions and civil society groups continued to criticize such practices. During the year bandits set up roadblocks along highways where they robbed and killed travelers. OFFICIAL CORRUPTION AND GOVERNMENT TRANSPARENCY Civil servants sometimes demanded bribes to provide public services. A poorly financed and trained law enforcement system and weak administrative controls compounded corruption. Other underlying causes were poverty; low salaries; the politicization of the public service; the influence of traditional kinship, ethnic, and family ties on decision making; a culture of impunity; and a lack of civic education. There were no laws that provided for public access to government information. Page 32 of 57

33 Page 33 of 57

34 LANGUAGES OF NIGER (from the Ethnologue report on "Languages of Niger" and wikipedia) Depending on how they are counted, Niger has between 8 and 20 indigenous languages. The discrepancy comes from the fact that several are closely related, and can be grouped together or considered apart. French, inherited from the colonial period, is the official language. It is spoken mainly as a second language by people who have received an education. Although educated Nigeriens still constitute a relatively small percentage of the population, the French language is the language used by the official administration (courts, government, etc.), the media and the business community. The usual categorisation of languages of Niger mentions eight national languages. These, their language families, the approximate percentage of the population that speak them, and their approximate home regions are as follows: Language Family Approx % Main region Hausa Afro-Asiatic / Chadic 49.6 South, central Zarma & Songhai Nilo-Saharan 25.5 Southwest Tamajeq Afro-Asiatic / Berber 08.4 North Fulfulde Niger Congo / Atlantic 08.3 All Kanuri Nilo-Saharan 04.8 Southeast Colloquial Arabic Afro-Asiatic / Semitic 01.2 North Toubou Nilo-Saharan 00.? East Gurma Niger Congo / Gur 00.? Southwest corner L1 Drafting Assessment October 2014 DV1 Page 34 of 57

35 PART B IMMIGRATION OPTION L1 Drafting Assessment October 2014 DV1 Page 35 of 57

36 You work at F & N Fair Law Solicitors. INSTRUCTIONS TO CANDIDATES On 15 September 2014 your supervisor, Sunita Patel, saw a new client, Mrs Iren Kuznezov in relation to her husband s appeal following a refusal of an application for entry clearance under Appendix FM to the Immigration Rules. Sunita took Mrs Kuznezov s initial instructions and concluded that there were reasonable prospects of success. The hearing is due to take place at Taylor House on Friday, 5 December Your supervisor gave you Mrs Kuznezov s newly opened file containing the following documents: Document 1: Attendance Sheet dated 15 September 2014; Document 2: Attendance Sheet dated 25 September 2014; Document 3: Refusal Notice; Document 4: Chronology of Events; Document 5: A letter from the Metropolitan Police dated 25 August 2014; Document 6: Client s wage slips; Document 7: Tenancy agreement; Document 8: Child s Birth Certificate; Document 9: British Airways letter dated 12 August 2014; Document 10: Notice of Hearing; Your supervisor has asked you to prepare the first draft of a witness statement relating to this appeal. Your supervisor has emphasised that the statement must be in the appropriate form. Your supervisor has asked that if: (a) (b) there are additional matters on which further instructions should be taken; and if there is additional evidence that should be obtained for the appeal, that these matters should be noted in the statement, or listed at the end of the statement. Your supervisor has already drafted the chronology of events in Mrs Kuznezov s case, which you may find helpful when drafting Mrs Kuznezov s witness statement. The appeal is to be argued under the terms of Appendix FM to the Immigration Rules and Article 8 of the ECHR. Your draft statement should therefore provide sufficient information for both grounds to be argued. Please draft the statement as required by your supervisor. L1 Drafting Assessment October 2014 DV1 Page 36 of 57

37 Document 1: Attendance Sheet Clientient: Mrs Iren Kuznezov Date: 15 September 2014 Fee Earner: Attendance: Sunita Patel New Client; Appendix FM appeal Instructions: New client instructed us in relation to her husband s Appendix FM appeal. The hearing is on 5 December The application was refused on 22 July Client and her husband were in Kazakhstan when his entry clearance application was refused. They were unable to find solicitors specialising in UK immigration law in Kazakhstan and for this reason had no choice but to lodge the appeal themselves. They did so on 10 August Client brought some documents with her to the meeting. She advises us that she submitted some of these documents to the Tribunal, together with her appeal form: Refusal Notice; A letter from the Metropolitan Police dated 25 August 2014; Client s wage sleeps; Tenancy agreement; Child s Birth Certificate; British Airways letter dated 12 August 2014; Notice of Hearing; Client dob: 10 December 1982; The Appellant s dob: 10 January 1974; Client s address: Flat 184, 91 Old Church Lane, London NW9 8TA Client s nationality: British The Appellant s nationality: Kazakhstan; Client came to the UK in May 2004, when she was 22 years old and sought asylum, having faced persecution in Kazakhstan because she was half Russian half Chechen. She was granted Indefinite Leave to Remain as a refugee on 15 July 2004 and became a British Citizen in Client met her husband at Hounslow East Underground station in London L1 Drafting Assessment October 2014 DV1 Page 37 of 57

38 They were just friends for about 7-8 months and then their friendship blossomed into romantic relationship. She knew that he was illegal in the country and did not want to stay in the UK. He left voluntary in February They spoke over the phone from time to time, but their relationship did not get serious until As soon as she got her British passport she went to see him in Kazakhstan. She left on 5 September 2009 and stayed there until 3 October And then she travelled again on 28 December 2009 and returned in February She fell pregnant with Konstantin s child who was born 31 October Child s name is Dmytro Kuznezov, he is British citizen by birth. We went through the refusal letter together: Credibility: Client s husband admits that he was dishonest when completing the VAF form. He did so because he was really desperate to be reunited with client and their child. He thought his previous illegal status in the UK would look bad on his record. He agrees with everything what is written in the refusal notice regarding his illegal entrance to the UK and his leave to remain application outside the Immigration Rules. He deeply regrets it now. Police: Client was never sentenced to 6 months of imprisonment. With regards to destroying or damaging property offence no further action taken by the police, he was only cautioned. Client was advised by criminal solicitors to obtain a copy of Police National Computer Record, which she brought with her today. She does not understand its contents, but believes that there is no information about the alleged 6 months imprisonment sentence and that the order has been already revoked. We need to check this. Marriage: Client did marry her husband at the Register Office in Astana on 22 January As she is a British citizen, her passport was not stamped when she left and arrived back to the UK. She travelled to Kazakhstan by car with her friends, they left the UK on 10 January The immigration officer did not stamp her passport when she left the UK via EuroTunnel as they do not normally stamp passports when people leave the UK. She returned to the UK on 29 January 2011, flying from Astana to London Heathrow with British Airways. Client contacted British Airways and they provided her with a letter confirming the same. Accommodation: Client lives in a 1 bedroom flat together with her son and pays 640 per month for rent. She did not submit her tenancy agreement with the application, as she was not aware that it was necessary. A copy of her tenancy agreement was submitted to the Embassy together with the appeal form. Client does not pay Council Tax because of the special arrangement with the landlord. L1 Drafting Assessment October 2014 DV1 Page 38 of 57

39 Maintenance: Client is self-employed and works as subcontractor at Beauty and Care (London) Ltd. She earns 1500 net each month. Copies of her wage slips are in the file. Client believes her husband has sufficient savings because they were planning to buy a house and use the amount for the deposit, but she is not sure how much exactly her husband has in his account. Birth Certificate: Client wanted to put the child s father s name on the Birth Certificate, however it was explained to her at the Registry Office that she could not do this automatically. They gave her a form, which she needed to complete and have it sworn by a solicitor in Kazakhstan. As only 42 days are given for the registration of a child in the UK (and it would take much longer for the papers to arrive back from Kazakhstan) she had no choice but to register the child without his father s name on it. Summary of Advice: There are reasonable prospects of success at this appeal. We ll open the file and will be representing client at the hearing on 5 December We ll draft a witness statement. Will send out client care letter and arrange a further meeting to discuss the witness statement. Client signed the authorisation form. Next Steps by Us: Prepare witness statement and advise client on further evidence needed for appeal. Units: 10 L1 Drafting Assessment October 2014 DV1 Page 39 of 57

40 Document 2: Attendance Sheet Clientient: Mrs Iren Kuznezov Date: 25 September 2014 Fee Earner: Attendance: Appendix FM appeal Sunita Patel Iren Kuznezov (File Ref: TL/SP/294832); Instructions: Client received my client care letter and 1 st letter of advice. She says that all information reflected in my advice letter is accurate. She booked an appointment to see me today because she is incredibly concerned about her son. She believes that he is severely affected by continuous separation with his father. Client s husband calls them from Kazakhstan almost every day. The child starts crying as soon as he hears his father s voice and sees his face. Client believes that her son shows very distinctive signs of stress and anxiety: he stopped eating properly; he refuses to play with other children; it takes him from around hours to fell asleep at night; he does not want client to read books to him anymore; he refuses to drink water; he refuses to talk to his father when they communicate via skype. When client calls her husband via skype he only stands nearby and cries; Client did not take her son to GP as yet as she wanted to discuss this matter with us first. She was not sure how her son s medical condition could affect the outcome of this appeal. Summary of Advice: I advised client to see her son s GP as soon as possible. I asked her to provide her son s doctor with all the details of her son s current medical condition, so he is in a better position to assist her son and provide us L1 Drafting Assessment October 2014 DV1 Page 40 of 57

41 with a detailed medical report, which is only likely to improve our chances of succeeding in this appeal. Client s GP s address is as follows: Dr Taylor Lavender Hill Surgery Lavender Avenue London NW9 8JG Next Steps by Us: Request a medical report from Dr Taylor in 7 days Units: 6 L1 Drafting Assessment October 2014 DV1 Page 41 of 57

42 Document 3: GV51 (FRA) Rev 01/11 Notice of Immigration Decision In compliance with the Immigration (Notices) Regulations 2003 made under section 105 of the Nationality, Immigration and Asylum Act 2002 Refusal of Entry Clearance Post reference: To: Astana\ KONSTANTIN KUZNEZOV Date of Birth: 23/09/1974 Nationality: Kazakhstan Your Application You have applied for entry clearance to the UK as a spouse of Mrs Iren Kuznezov. Your application has been considered under Appendix FM to the Immigration Rules. You can find this Appendix FM at: The Decision You signed your application form on 22/06/2014 confirming that all the information you have provided was complete and true and that you were thereby aware that it is an offence under the Immigration Act 1971 (as amended) to make a false statement. L1 Drafting Assessment October 2014 DV1 Page 42 of 57