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Right of appeal against a Student Visa refusal to be abolished | Immigration Matters

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The right to lodge an appeal against a student visa refusal to the Asylum and Immigration Tribunal (AIT) will be abolished when Tier 4 starts at the end of March.

Every day hundreds of appeals against Entry Clearance refusals are currently heard before an independent Immigration Judge at the AIT.

Around 25% of refusals are overturned on appeal, a staggering number considering that most appellants do not even show up in court, or opt to have their cases dealt with ‘on papers’ with no representation.

There is no fee to lodge an appeal to the AIT and have your case considered by a judge in the UK, and you do not have to use legal representation, for which there would normally be a charge.

The right of appeal will be replaced by an “Administrative Review” – basically the case will be reviewed by another Entry Clearance Manager (ECM).

Entry Clearance refusals cases subject to appeal are of course already reviewed by an ECM before going on to a full hearing in the UK. According to appeal specialists Bison UK, the “vast majority of refusal cases are upheld by the Entry Clearance Officer’s (ECO) manager”.

However, where cases do reach the AIT for a full appeal the figures are almost reversed. In their experience, over 95% of the refusals upheld by the ECM were subsequently overturned by an Immigration Judge at the AIT hearing.

In other words, an independent Immigration Judge has deemed that 95% of those visa refusals were unlawful.

In one of Bison UK’s recent visa appeal cases, two Filipino Brothers (RRA and RJA) were on the same day both refused student visas to study NVQ in Health and Social Care at Majestic College in London.

The ECO at the British Embassy in Manila refused the young prospective students under section (ii) of paragraph 57 of the Immigration Rules (HC395).

Essentially, the ECO was saying that he did not believe they were coming to the UK to study and that they were only going to the UK to join their Mother and work.

No evidence for these accusations were put forward by the ECO, who based his refusal on what Bison UK’s appeal specialist said was “mere suspicion”.

At the hearing this month the judge disagreed and allowed both appeal stating in the written determination:

“I am satisfied that each appellant (The Brothers appealing) has established to the required standard that he meets the requirements of the Rules for entry clearance as a student”

He continues:

“I am not satisfied that the decision of the respondent (the Entry Clearance Officer) is in accordance with the law and immigration rules applicable to this appeal.”

In other words, the judge is saying the refusal is unlawful.

What chance do students have under the Tier 4 of the new points system?

The Government argues that because the points based system will be more transparent and fair, there will be no need for an appeal process.

Under tier 4, students will, say the Government, only be refused on factual information, such as fraudulent documents or lack of funds. Students will not be refused on purely “subjective” reasons such as:

“I am not satisfied on the balance of probabilities that you intend to leave the UK at the end of your studies” or

“On the balance of probabilities I am not satisfied that you are a genuine student”.

This is commonly known as refusing on “intention”, something which, according to UK Border officials at a recent meeting in London, will not be allowed under the new system.

This is will be a major change for ECO’s who are used to acting on their own suspicions and opinions, and it remains to be seen what will happen in practice when the new system comes in at the end of March.

In the meantime you are free to exercise your fundamental right of appeal. Appeal cases are heard in the UK before an independent Immigration Judge, something you should consider when appointing an adviser to handle your appeal. An overseas lawyer will not be able to represent you at the all important hearing and you may end up paying separately for a UK based advocate.Take advice from an OISC registered adviser or Solicitor to check on available options.Finally, any applications submitted for a visa before tier 4 starts should carry the right of appeal if you are refused.

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171 Responses to “Right of appeal against a Student Visa refusal to be abolished”
Read them below or add one

  1. Sir My visa refused on 20-03-2013 on BHC Islamabad. Visa Officer Says that I am not satisfied that you are a geniune student so vis aofficer refused my visa under the paragraph 245 ZV..
    CAS POints Awarded= 30
    Maintenance Points Awarded= 10
    i m so worried plzzz help me about this situation…what will i do ??? thanks

  2. Depends on the reasons for refusal.

  3. Sidiqullah says :

    Hi dear
    My Visa was refused because I got nervous in interview and now I want to apply again, can u tell me that this time how much will I have chance to get Visa?

  4. Have you asked for a review?

  5. ahmed ali says :

    hi dear,
    my visa refuse cause of closing balance of bank statement is less then 1600.But my bank statement was started from 22 june too 23 july..And they required 28 days of statement in tier 4 as u know that..My statement was 30 days statement and my transaction happened on 23 of july means 30th day.i dont know how it effect on law..They required 28 days consecutively and i fulfilled it..

  6. See an adviser to go through your case before you apply – try Bison UK 0208 905 1822

  7. I wanted to extend my visa within UK. But big problem is i have overworked during my dissertation period unknowingly. My uni gave me a term time and personal time table which does not show any thing about this as non holiday time.
    What maybe the risk of applying for extension? I have planned career which is not just my dream. But this one mistake can ruin all of it.

  8. Have you requested an administrative review?

  9. Amandeep says :

    Greeting of the day!
    My question is as following:-
    1. My cousin brother first refused under Tier 4 general visa due to name change problem. Academics Rohit and Passport and Ielts Rohit Kumar and didnt awarded 30 points of CAS.
    2. Second time we submitted an affidavit and original newspaper declaring that Rohit and Rohit Kumar is one person. Now Second time they awarded 30 points of CAS but refused due to not verify of the funds from your bank.
    3. Third time we changed bank. and submitted fresh file but third time they refused again of 1st refusal that Rohit & Rohit Kumar name problem.

    now my question is that if name change problem was still then how ECO awarded 30 points of CAS in second file submittion.

    I request you to please guide us about above.

    Thanking you in anticipation

    With kind regards

    Amandeep

  10. hello sir,
    I have got some enquiry regarding students visa ,is there possible for student to apply in asylum who visa was first refused by the home office,my visa extension process was refused they gave me chance to appeal ,I had withdrawn the appeal case and made new fresh applications with the help of solicitors but they again refused my visa application process and wrote letter for hearing a lodge application to court,but due to lack of money to hire barristers I couldn’t apply my case on time it was like I surrender or give up myself after trying hard and spending money on solicitor and twice time fee to home office.right now my status is overstay in this country I don’t know what shall I do for further study my passport is in home office.

  11. An adviser will need to see all the paperwork and the refusal letter before advising whether or not an appeal is likely to succeed. You should first speak to an appeal specialist before lodging any appeal or new applications. Try Bison UK on 0208 905 1822 or find an adviser (who must be at L3 on the OISC website. An adviser should only charge a small fee for a consultation.

  12. Dear sir,
    I was refused to get my visa due to insufficient funds. In CAS it was given that I have to pay only£1259 as a fee and totally I have to maintain only £2259. I applied my visa on jan 23rd but on Feb 9th in University, they changed the fees amount to £2500 so my visa got refused. There is not fault on me. It is fully by University mistake. Shall I appeal for it? Is that be effective?. I dont have enough money to appeal also. Please give me an option.

  13. Md.zakaria Nayon says :

    Dear Sir,
    My agency provided non online bank statement that was Rupali Bank Bangladesh Ltd.That bank statement was Fake.So ECO decided Rrfused me 320(7a).sir It’s not my Falt that agency cheated with me.pls tell me How i get the Uk visa???

  14. What was the bank statement ‘problem’?

  15. Zakaria nayon says :

    Dear Sir,
    I applied for a student visa 28 Oct 2009,tier 4 from Uk.It was refused due to bank statement problem.

    THE ENTRY CLEARANCE OFFICER’S DECISION-
    I have refused your visa application on this occasion because i am not satisfied on the balance of probabilities,that you meet all of the requirments of paragraph 245zv a and b of the immigration rules and in addition your application flls to be refused under 320(7a).This decision was made on the ments of this application.However, if you have a previous application and immigration history.this may have been considered.
    so please advice me proper to get visa.please sir send me a mail.

  16. Hi Charles Kelly,

    My brother studied in the UK for 5 years. He applied for an IGS permit on the 5th year but was denied. He was given a letter stating the limited days to remain in the UK and also advicing him a choice of appeal if he so wished. However, his visa expired before his passport was returned to him, but he left the UK before the stated date on the letter.
    This happenned in 2009. He has since applied to return to the UK from the home country twice now but was refused on the basis that he overstayed in the UK.
    His passport holds the date and stamp of entrance to the home country which is within the limited date that was stated on the letter he received from the home office. Even with this proof, his case is still being treated as an ‘overstayed’ immigrant.
    The only other proof he has is the refusal letter from the home office with his passport which shows that he received the passport after the UK visa expiration date. He could not have travelled back home without his passport returned to him.
    Unfortunately, he lost the letter. What can he do to clarify the situation? can he get another copy of this letter sent to him?
    Thank you for your continuous help and advice.

  17. Hi,

    My visa appeal was allowed in the First Tribunal for Tier 4 (General) on 1st September 2011. After then i had not received any correspondence from Visa section up till now. I am so worried as Home office website clearly mentioned the processing time of 12 weeks but its been more than 20 weeks in my case.

    In the meantime i have completed my Bachelors degree on 23rd September 2011 and eligible for post study work visa as my funds are also maintained. I need your advice on:

    Can i apply for Tier 1( Post study work) visa before receival of visa section response for my appeal.

    Regards.

  18. He could find another college, or apply to stay in the UK based on your relationship. Suggest you take advice from a qualified level 2/3 immigration adviser.

  19. HI,
    I am a british citizen and my partner is from india, here on a student visa. His college revoked their licence, I belive he has 60 days to re-apply or return to india. The problem we have is that we were set to marry in the UK in May, what options do we have now ?

    Please help?

    Thanks

  20. Greetings Sir. I had recently send in my Extension for student visa (Tier 4G) on the 5 October 2011. It was received by the Durham Post Office next day delivery service on the 6 October 2011, this I got to know via the Royal Mail Tracking reference number. My fees for the application £386.00 was deducted from my bank account on the 14 October 2011( I sent in a crossed Lloyds TSB cheque).

    Although I had my forms and documents checked and verified by an International Student Officer (ISO) from the International Stucent Office University of Surrey, Mr Peter Muncey, and had my application forms stamped with the University of Surrey address and all; I was asked to come back another day by the correspondent officer (who signed his name as “correspondent”)m to submit my payment through a personal bank cheque as credit card payments and debit card payments usually cause a delay due to insufficient funds or other matters regarding identification, so I was told by my correspondent officer. Due to the numerous times of consulting the ISO office (they refused to entertain any students the day I returned to them- 5October 2011)and the impending due date of my visa 30 October 2011, I decided to prepare my personal check and submitted my application at my own expense at the Royal Mail post office atthe University.
    I have since then not received any reply or acknowledgement from the UK border Agency or the Home Office. I understand it may take 14 weeks before I am able to call them and find out about the progress of my application. However, some of my other university friends have already receeived their invitation letters for their biometrics to be made. Its been more than 7 weeks now and I was just wondering if I could have my passport returned to me after such a long time at the Home Office. Could you please help me?
    Thank you.

  21. smaili ali says :

    I had applied for entry clearance for uk under tier 4(General) student and I am refused under appendix C paragraphs 10 to 14 of the immigration rules wish are not stipuling that i can’t withdraw money from my bank account after making application,for that the officer is not satisfied that i can’t support my self without need to work,right now i’m waiting for an administrative review more than one month my CAS is not valid after november 28th,honnestly i think that’s an injustice

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