An NVQ Student from the Philippines has successfully obtained a student visa and has returned to the UK, despite being deported and refused Entry Clearance by the British Embassy in Manila.
Senior Carer, Gennie, had been asked to leave the UK in 2008 after his employer allowed his Work Permit to expire.
Gennie was told his permit was “in process” and continued to work at the care home unaware that he was breaking the law and working illegally.
During this spell Gennie was unfortunately picked up by immigration officers and placed in a detention centre in Dover, where he was held for 5 days.
The centre holds illegal immigrants, overstayers, failed asylum seekers, convicted criminals and even terrorist suspects due for deportation.
Gennie was surprisingly released from the detention centre and issued with removal papers. He left voluntarily, paying for his own flight, after seeing immigration advisers Bison UK.
With the help of Bison, Gennie applied to return to the UK to upgrade his skills by taking an NVQ Level 3 course at Majestic College, hoping that this would help enhance his career prospects in the UK, Canada or back home in the Philippines.
Initially he was refused (under Paragraph 57 of HC 395) a student visa on the basis he was already qualified, despite the fact that he was applying to study an NVQ Level 3 which he did not possess, and was only going to the UK to work.
Bison UK immediately lodged an appeal refuting the reasons for refusal given by the Entry Clearance Officer in Manila. The Immigration Judge agreed and overturned the decision during the hearing (with Jerry Turner acting for Bison UK, Charles Kelly and witnesses in attendance) at the Asylum and Immigration Tribunal (AIT) in 2009.
Directing the British Embassy to “grant entry clearance to the appellant without delay”, Immigration Judge Blandy noted in his determination:
“I generally find on a balance of probabilities having regard to all the evidence before me that at the date of the respondent’s decision the appellant met all the requirements of paragraph 57 of the Immigration Rules HC 395 and his appeal must accordingly be allowed. I am satisfied that the appellant continues to meet all the requirements of paragraph 57 and accordingly direct that entry clearance be granted.
“The appeal under the Immigration Rules is allowed.
“I direct the respondent to grant entry clearance to the appellant without delay.”
Under Tier 4 of the Points Based System the right of appeal is not offered to those who are refused a student visa.
Visa appeals have been abolished for student visa refusals in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an Entry Clearance Manager (ECM) under the new ‘Administrative Review’ system.
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email: