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Student allowed by Immigration Judge to remain in UK despite buying a fake English certificate | Immigration Matters

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The Mail reports that a bogus international student who lied that he could speak English and admitted buying a fake language proficiency certificate can stay in Britain, immigration appeal judges have ruled.

Even though Abbas Khaliq was ‘untruthful’ and ‘not a credible witness’, and had failed to mention that his brother was an illegal immigrant here, the reluctant judges said he had broken no rules.

So despite being caught red-handed on arrival from Pakistan at Gatwick airport, he is welcome to stay here.

It emerged during the case that since a British college had given Khaliq the go-ahead to study in the UK, and there was no physical evidence he had lied while obtaining his student visa in Pakistan, the immigration officer who caught him out at Gatwick had no powers to ban him from entry.

Embarrassingly, while the immigration judges said they had ‘no enthusiasm’ for allowing the bogus student to stay, they claimed they had no choice – because of the rules set by the very body established to keep illegal immigrants out, the UK Border agency.

The judges said in their ruling: ‘The UK Border Agency’s decision to allow colleges to assess whether students should be admitted, and to remove from immigration Officers the power to reach any view independent of the colleges – most of which have a clear financial motive to admit as many students as possible – forces us to the conclusion we have reached.’

Khaliq had flown into Britain last year to start a Higher National Diploma course in Business Management at the Leeds Professional College – the organisation which had who had sponsored his successful visa application.

But immigration officials at Gatwick soon discovered he spoke no English, despite finding a forged certificate in his bag from the Anglophile English Learning Centre in Karachi giving him an A grade.

Brazen Khaliq admitted buying the certificate – and that he knew nothing about the course he was due to take in England, and had paid someone else to choose it for him.

Further enquiries swiftly revealed that his brother was an overstayer in the UK, a clearly relevant fact which he had failed to mention.

The Leeds Professional College said they provided intensive English language training – but they would have a problem educating someone such as Khaliq who had virtually no English.

Despite being caught red-handed, Khaliq appealed against the immigration officer’s ban, and had the right to stay in the country whilst his appeal was being heard.

An immigration appeal tribunal agreed with the alert immigration officer, and upheld the ban in January 2010.

But Khaliq was entitled to another appeal, to the upper immigration tribunal – and in July and finally finished the appeal process 18 months on, by winning the right to stay in spite of his lies.

Astonishingly, at his first appeal Khaliq attempted to maintain the fiction that he was proficient in English, telling the tribunal he would need an interpreter provided a public expense purely ‘for technical reasons’.

But Immigration Judge Agnew soon discovered he could not understand her at all.

She dismissed the appeal, noting: ‘I find that the appellant is not a credible witness and that nothing that he says can be relied upon.’

Judge Agnew said it was demonstrated that ‘Leeds Professional College had not made any adequate investigation’ before offering Khaliq a place.

And Judge Agnew ruled that although the visa was obtained outside the UK, in his native Pakistan, the application for leave to enter was also a decision for Immigration to make at the airport – and because he had lied in interviews there his visa became invalid.

But Khaliq appealed to the upper tribunal on the grounds that his visa obtained before he arrived in the UK was valid, and the Immigration Officer had no evidence that he lied to get it, so had to honour it despite what was said at the airport.

The judges at the upper tribunal reluctantly agreed and gave him the right to stay in Britain.

But they added: ‘We reach that conclusion with no enthusiasm.

‘The appellant has been judicially assessed as untruthful. He has been prepared to deceive others as to the level of his competence in English.

‘He has arrived to undertake a course that his ‘Highly Trusted Sponsor’ college admitted him for, but says that it would have difficulty in delivering to him.’

The UK Border Agency’s own rules meant Khaliq had to be admitted the judges went on, adding that this ‘demonstrates that the Immigration Rules, as in force at the relevant time, provide little security against the admission of what may be described as bogus students.

‘Changes have since been made, but they do not affect this appeal.’ Source: Daily Mail.

See also:

Bogus ‘Glastonbury university’ website taken down following UKBA investigation 

HIGHLY TRUSTED PRIVATE COLLEGE STUDENTS DO NOT HAVE THE SAME RIGHT TO WORK AS GOVERNMENT SPONSORED INSTITUTIONS

New Tier 4 sponsor guidance published for Highly Trusted Sponsorship – will your private college qualify?

Pre Tier 4 students in the UK under the Immigration Rules that were in place before 31 March 2009

New Tier 4 student visa rules now in force

University of Wales cease validating degrees at colleges and other institutions

UK Universities and Colleges report thousands of Tier 4 students to UK Border Agency over visa suspicions

‘Pet cat Human Rights Appeal’ overstaying student was a shoplifter

Court overturns UK Government’s non-EU under 21 spouses ban

‘Health tourists’ debtors will face UK ban

Report illegal immigrants Prime Minister urges in new immigration crackdown

Crackdown on immigration fraud – banks and UKBA to share information on debtors

Home Office can revoke British Citizenship as well as deny it for civil offences

Foreign debtors to be banned from re-entering UK

Comprehensive Sickness Insurance now required for Bulgarian and Romanian study work yellow cards

If you need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

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8 Responses to “Student allowed by Immigration Judge to remain in UK despite buying a fake English certificate”
Read them below or add one

  1. Yes the sri lankans who came to Canada along with other third world immigrants have ruined Canada, all thanks to Pierre Trudeau the former PM. Trudeau destroyed Canada by his policy of bringing the constitution home from the UK and his human rights legislation. Most of the third world immigrants are stealing all the welfare services and health care and give nothing back. Also many have TB and have criminal backgrounds due to poor screening and being refugees. The sri lankans I have met are rude, arrogant and have few intellectual skills except the ability to lie and cheat and use the system. It is for this reason Canadians are angered at the generosity which has been taken advantage of by the sri lankans and other third world immigrants. I feel the reason these countries are third world is the culture of greed and corruption which seems to exist in the DNA and culture of the majority of immigrants I have met.I finally left Canada because they have more rights then the decendants who built the country. If you are in Canada now it is illegal to complain about the mess the country is in due to the failure of the multiculturalism policy of the Trudeau government and previous governments afterwards who cannot get rid of the multicultural policy mess. Not proud to be born in Canada and hold Canadian citizenship.

  2. djamel rezigat says :

    hello ..i apply for settelement visa in algeria and i been refused and after that the juge alloxed my apeal im asking if the entry clearence can refuse my visa to be done .hope i hear from u soon.thank u
    *

  3. […] Student allowed by Immigration Judge to remain in UK despite buying a fake English certificate […]

  4. Peter Casie Chetty says :

    have you taken into account all the bogus political refugees from Sri Lanka? The Tamils are involved in all the scams and crimes possible but are allowed to stay because the feed the political parties with their illgotten gains. Milliband (Snr) wanted the Labour party to support the Terrrist Tamil cause because they have a bigger voter base that the law abiding Sinhalese community who work for their daily bread.
    You must wonder how a man who was a political refugee was able to go to the House of Lords and get an order in his favour against a newspaper who had said that he was seen eating a cheeseburger while he was on a hunger strike. Where did the funds come from? We would all like to know.
    Sadly it is the Englishman who will face the cuts brought about by the Government while the Tamil “refugee” lives a life of comparative luxury paid for by the tax payer.

  5. […] In the second case a Pakistani student was allowed by Immigration Judge to remain in UK despite buying a fake English certificate. […]

  6. […] Student allowed by Immigration Judge to remain in UK despite buying a fake English certificate […]

  7. […] Student allowed by Immigration Judge to remain in UK despite buying a fake English certificate […]

  8. […] Student allowed by Immigration Judge to remain in UK despite buying a fake English certificate […]

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