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 payable 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.
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 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 takes effect should carry the right of appeal if you are refused.
Daniel (2)
IMRAN KHAn (1)
lilizzq (1)
Mastermind (1)
May (1)
I’m writing from Turkey. I like your writings.Thanks for education.
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Thanks for your comments Sbs and greetings from the UK!
Glad you’ve enjoyed our content – let us know if you want to know anything new.
Daniel
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i have refused for the uk student visa and i want to apeal through your company. How much charges for this ? Please Help Me !!!
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these days they have become very choosy when it comes to granting visas. but what i fail to understand is their problem with granting visas to students. Students of all people should never be denied one. Education should not have such rigid borders
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I couldn’t agree more. Students are very important contributors to the UK economy and tightening up on student visa rules could have a negative impact. I also worry about a drop in the number of visas granted following the revelation that the recent people arrested in the UK on suspected terrorism charges, were all in the UK on student visas.
However, that aside, I do think that the new Tier 4 system will be of benefit to students in the long term; entry clearance officers’ decisions will now be entirely objective, rather than based on their opinion, and this can only be a good thing.
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if your son’s visa is canceled………This is the right blog……….
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what about now. two months has gone from the application of tier 4 . do you have any new news about reasons of refusal of student visa.
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i want to appeal i have been refused i really do not why?? please help meeee
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Great post! I’ll subscribe right now wth my feedreader software!
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I do not think the uk are fair considerin student visas, especially the 10 years bound placed on student for sumittin forged documents, wether part of the application or not, or wether owned by appplicant or not. imagine a student who has paid all her fees, n even employed the services of an agent sothat they won’t have problems with the comission, given a 10 years bound cos the comission said tax clearance summited as part of sponsor’s supportin document isn’t genuine, the student decided to reaply n even went to court to swear an affidavit with her sponsor n also made a genuine tax clearance n also wrote to the commision that her sponsor was fraudulently issued a fake tax clearance n dat there was no way he could detect the error in the tax clearance cos all previous tax was paid by his last employer united bank for africa untill he voluntarily retired to join private business. the student was also refused a second time statin that she was under a 10 year bound. this is really bad, i thought u have to prove to the comission that u r actually going to the U.K to study. the student decides to go on appeal n it is takin longer than it sopose to what oda option does this student have cos she is soppose to b in skool by september or should her dreams of going to uk b chattered for something she knows nothing about
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my uk visa appeal is allowed under immigration rule but dismis my apeal under humain rights grounds wht its means ?
Did i get My Uk Visa n Cont For Study In Uk plzz reply Positive
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i ve applied uk student visa under tier 4. my college was in home office ’s approved list. after submitting my application college has gone out from home office list. they gave me 10 points and didn’t accept my college lette.they refuse my case because of my college liecence. what shoul i do now?
should i apply again in diffirent college then submit application?
or should i go for apeal because this is not my fault.
thanks
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hi.
i am recently studying in Pakistan at college of management and sciences which is in collaboration of London academy of management sciences, they offer their programs in collaboration with it, i’m studying at there at the course of ASSOCIATION OF COMPUTER PROFESSIONAL which offered in LAMS As fast track bsc honours degree in computing frm UNIVERSITY OF GREENWICH, But only the final year is awarded by the this University and first two will awarded by Association of computer professiona. My college told me that ur final year will be in uk at LAMS,our Pakistani college one year back when i took the admission told me that. i want to knw that any kind of refusal can occur in visa as it is a reall case?
and also want to know wgat kind of medical tests are required to be clear for entry clerance in uk?
lion_786_847@hotmail.com
and those people specially pakistani whose visa has been refused as i know the person who can handle that, contact me at 03345266407.
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Kindly Intimate When Tuition fee of the Institute is to be paid, after the Approval ofVisa or When sending the Admission Form, to get a Visa Letter (Offer of Place) We shall be very thankful if Complete procedure is Explained in Detail.
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two months has gone from the application of do you have any new news about reasons of refusal of student visa.i am waiting for reply but still i am not recieve any leeter from visa turbonal kindly let me know what can i do
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I was refused by the eco and states that i hasve no student route. well there ids really none but my problem is that he refused me because i am lacking of evidence on how the school asses ma suitability for the course hence i have attached my diploma to my CAS and i have asent my TOR and RLE to them. so I am asking why i was refused
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dear
can you send me detail of ECO coments when your uk visa was refused,please send me complete actual statement as it was on letter.
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Hi,I am shahid akram from pakistan.I had appealed in AIT in England before 5 months ago.I had apply the student visa and now waiting of hearing for my case.I have not received any Letter,Then not recevied Acknowledgement letter for reviwe date.Finally,i hope that i will got my visa and requesting you,Plz pray for me and my bright future.Take care.
REGUARDs,
SHAHID AKRAM
+92301-6690293
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MY STUDENT VISA IS REFUSED DUE TO THE MISTAKE OF ECO BECAUSE HE DIDNOT SEE MY FATHER A/C STATEMENT………………I AM VERY TENSED………
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I cannot believe this is true!
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I am bangladeshi refused by uk ambassey in july 2008 under rule 320(7A).can I apply now again in uk.
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i m a student from bangladesh.m submitted my application to visa section on 08/10/2009 but Entry clearance officer refused my application under paragraph 320(7A) and 245zv immigration rules.dated on 05/11/2009. they mention and two comment it`s me under 18 and non genuine govt.bank statement.
Now in this tyme m face on many problem n hajitted hav any solution to break this case pls n pls inform me urgently.and m agree to overcome this case if any donate from me.i dn`t bear 320(7A) for my false it`s 100% done by a consultacy firm wrong guide line.it`s our dhaka bd possition how can we close this wrong guide line situation.for wrong guide line sufferer many student`s in this country .pls inform me if any soloution idea come`s up.my mail is in here 1st mail me mdborhan16@yahoo.com.
pls inform me as soon as possible.m waiting 4 that all tym soloution information.
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i was refused for January session 09.then i decided for appeal and appeal case is going on.but now i got visa tier4 system .and my lawyer said me that i also win the appeal.but how can i relize that then wining appeal paper is right not duplicate.coz my lawyer contract with me for 1 lac taka to win the appeal.
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hey farhan, i think u should just keep quiet and go under the tier4 visa if u have got! and congrats! mubarik ho, u know i was refused in jan session too…and i have applied under tier 4 in aug and waiting for the pp now, i hope i get too InshAllah, the thing is even my solicitor here did a apppeal deal with me too, but then i told him that im submitting my case undertier4 and he said okay if u want to then we will withdraw the appeal….so u do the same and ask him to get a life just pay him something like a charges for making ur file.
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and please farhan can i have ur email or msn adress as i wud like to discuss something with u plzzzzzzzzzzzzzz
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Hi Farhan
How did you get on with your appeal and where are you now?
Hope everything has worked out – come back and give us an update.
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Hom office is inhuman! They have this f….ed up system for students that is not necessary. They see us as criminals. At the end of the day, aren’t we the ones who is making rich this country for over a decade now. I dont know why they dont give us the right to work after studies after we contribute so much financially and they give the right to stay to immigrants that have come to uk to stay on council houses and work at the some time without home office knowing it. Why ? I dont seem to get?
they are so unfair with students. How can a person stay legally in Uk for 10 years to get indefinite live to stay in uk?! It is absurd! and impossible , they can’t get more mean than this!!
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Hi Blueberry
Thanks for your comments. I understand your concern and frustration.
I think the result of the introduction of the Points Based System will iron out some of the problems you raised. I don’t think it would be a good idea for students to receive the right to work after their studies, without further application. Remember, a student visa is only a temporary visa and I think it does make sense to stay that way.
Don’t forget that students can stay after their studies to work, but they have to switch to a different Tier in the Points Based System. Also, you can’t stay in the UK for 10 years on a student visa and then qualify for indefinite leave or citizenship. This is because a student visa is a type of visit visa, not settlement. This is a common misconception, often used to lure bogus students to the UK with false promise (in my opinion).
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how long will it takes for administrative review? thank you! im looking forward for your good feedback.
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Hi Kristian
They can take ages, most several months. Often it is best to just make a new application.
Did you request a review and if so, how long did it take in your case?
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Great… very cool issue. I will write about it too.
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i like what you write here.. thank you for sharing
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i am frm pakistan.i aplied under tier 4 and got refused under section 320(7a) on my employment leter although it is gunine but when they call to concern office at that time the admn officer was newly posted nd i leave the job one mnth before him. he told them to get aall the information frm me after 2 days.after that they didnt call him nd refused me.plz give me advice.can this decion be overturned in review.my e-mail is edwardian_4985@yahoo.com
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Hi Ibrar
I’d suggest you speak to a fully regulated immigration lawyer about the specific details of your case. Check the OISC for details of lawyers in your area, if you are in the UK.
If I were you I’d simply apply again as administrative reviews take a long time to complete.
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Added you to Taggly (never heard of it? well Store, share and tag your favorite links.
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Thanks Ok!
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I am from Bangladesh, I won an appeal for my student visa which i was refused last year in march and i was given a date this january 2010, but unfortunately my college license has been canceled last December. What should be my next step! Will i apply in a different college?
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Hi Adnan
To discuss the precise details of your individual case you should also consult a fully qualified and regulated immigration lawyer. Find one near you at the OISC if you’re in the UK.
Do you mean that you need to renew your student visa? If so, you can renew your visa in the UK whilst your college is suspended from the Tier 4 Register of Sponsors, but you’re application will be put on hold until the suspension is lifted.
So you shouldn’t have to apply to a new college, unless your current college has their licence withdrawn permanently.
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Thank you for your reply Daniel. But, no I am now in Bangladesh.. my fresh application was rejected last year, i lodged an appeal which i won and i got the hearing result this december, same time my college license has been canceled. Now im confused as the VFS center called me to submit my pasport and updated offer letter to them! How am i supposed to take an updated offer letter as my college license has been canceled.. will i apply in a new college and then will i submit the new college visa letter?
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Hi Adnan
I think you will have to wait for your education provider’s suspension to be lifted. After that your school or college can then issue you with a Confirmation of Acceptance For Studies, which is essentially a reference number, which you can then provide to VFS.
If you apply with a different college I’m pretty sure you will have to make a fresh application, so your appeal and all that time waited will have been in vain!
Keep me posted on your situation Adnan.
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Hello mr. Daniel,
I am Farooq from Pakistan.I wanna ask to about my case situation, I had submitted my Tier 4 application from Pakistan. I won “Administrative Review” on September 2009 and I have been submit my passport to UK embassy on October 2009 & still waiting for my Tier 4 Study visa till now but last week i know about my college has been suspended so let me know about if my college will lift then What should I do? or college will close then what should I do to get my visa? let me know, how long will take a time UK Embassy in Islamabad? please send me complete detail on my personal email farooqmughals@gmail.com. I look forword to hear you sooooon. Thanks.
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Hi Farooq
Your application will have been placed on hold, pending the outcome of the suspension. In that case, I think you will have to wait for the UK Border Agency to report their findings.
What college did you apply to?
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Thanks for the reply. My college is Guildhall college in London. if this college will close by the UKBA then What should I do to get my Tier 4 Visa? because I won my Administrative Review so can I change my other college? hope to hear you soon.
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Hi Farooq
If you’ve won a review but the sponsor’s licence is withdrawn permanently, your visa will be invalid and so too will be the review, from what I understand. Do you have enough time left on your visa to wait or do you need to change sponsor immediately?
To discuss the precise details of your individual case you should also consult a fully qualified and regulated immigration lawyer. Find one near you at the OISC
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Thanks for reply me. Actually I didn’t get my visa on my passport yet because my application in under process in the embassy Pakistan thats why UK embassy hold my passport & waiting to get Guildhall college licence back result by UKBA so in that case if college will lift then definitely I will get visa in Guildhall college London. if suppose to guildhall college will close then What should I do to change my sponsor? or after that UK embassy will allow me to change my sponsor myself because I have won Review. Hope to hear you soon. thanks
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Dear Expert,
My Name is AqeeL Ahmed and I have been refused UK Visa Tier-4 for 245ZV and 320(7A). As I had an old passport which I lost and didnt mention them. So I need your Advice that can I put administrative review on it or not. And what can I do for now, If I can apply for Review. Thanks
AqeeL
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Hi
I have been refused UK Visa Tier-4 under 245ZV and 320(7A). The BHC is not satisfied with my bank statement and they said its not genuine. I checked it multiple times with my bank and i’m sure that my bank statement is 100 % genuine. If I file a fresh application, how can i satisfy the BHC that my bank statement is genuine? As i am actually in possession of funds, moving the funds is not a problem for me! I’m considering to open an account in a British bank (maybe Barclays or HSBC) and transfer my funds into that account to prove that I’m actually in possession of funds. Will that help?
Waiting for your response.
Thanks
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I guess you could put your funds into a more reputable bank. Do you have any more information. What exactly did they say in your refusal notice?
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hi i was refused under section 320 of the immigration rules i can provide all the evidences infavour my innosence. They send me back fro heathrow. I finished one of course their in sept2008 after a year study and took admission inmay 2009 for ACCA in LSBF. But when i was going back to uk from my india visit they detained me and send me back even i had all the relevant papers in my hand regarding my new admission. But i applied again and they banned me for ten years. They have written in the refusal letter that the docs produced by me to take admission for ACCA course is not mentioned in the visa letter which is really not my fault as i provided everything to FBT to get my admission there. I have applied for the administrative reviewbut havent got any reply or acknowledgement yet. May be it was not forwarded by the Omnisol helping hand a immigration consultant. because he always denied to give the copy which was send by hime for the review. So plz suggest me what should i do and if possible i would like to fight for my case because whatever happened to me was unjustice.
Thanks and regards
Harpreet Singh
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Hi Daniel,
Dude i am waiting for your respone. Please reply me asap!
Regards!
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Hi
I guess you could put your funds into a more reputable bank. Do you have any more information. What exactly did they say in your refusal notice?
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Hi
The exact refusal notice is as follows:
ECO Comment:
You have claimed 10 points for maintenance. However, the back statement you have provided does not demonstrate that you were in possession of the required level of funds as it has found to be non-genuine. I am therefore not satisfied that you have achieved 10 points under paragraphs 10 – 13 of Appendix C and meet the requirements to be granted entry clearance under tier 4 (General) Student). I therefore refuse your application under paragraph 245ZV(c) of the immigration rules.
General Grounds for Refusal
ECO Comment:
You have submitted a statement of account issued by the National Bank Of Pakistan. However, as a result of checks made by this office, detailed in a document verification report, I am not satisfied that this document is genuine. As a false document has been submitted in relation to your application, it is refused under Paragraph 320(7A) of the Immigration Rules. I consider this reliance on suspect documentation as an attempt to gain entry clearance by deception.
You should note that because this application for entry clearance has been refused under paragraph 320(7A) of the Immigration Rules, any future applications may also be refused under paragraph 320(7B) of the immigration rules (subject to requirements set out in 320(7C)).
A refusal under 320(7B) of the immigration Rules attracts an automatic refusal period of up to 10 years. The period starts from the date of the previous event in which the deception or submission of falsified document or information was employed.
As your application has been refused on general grounds, it is also refused under paragraph 245ZV(a)
What should i do now? Someone told me that if i file a fresh case, it will be automatically refused under the the paragraph 320(7B), which means i am screwed for 10 years!!! Is it true? What options do i have now?
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hi i am fakhar i have done my intermediate in 2006 now i want to interst to get the admission ACCA in uk anybody tell me what is the new rule is there ielts must or not ,,,, i have no ielts test plz tell me
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Hi Fakhar
The majority of schools and colleges will now require proof of English ability. You should seriously consider studying for the IELTS or equivalent. The score you will need will vary from school to school. The minimum for a student visa is 3.5, but this is for language courses. Providers of ACCA courses should require a higher score than that.
Do you have any colleges in mind already and I can check for you? If not, perhaps I could suggest some for you?
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HELLO BROTHER HOPE U FINE THERE
WELL I HAVE ONE COLLEGE IN MY MIND CLC CITY OF LONDON COLLEGE BUT I DONT WHAT IS THE REQUIRMENT AFTER 3 MARCH PLZ U TELL ANY COLLEGE WHICH IS VERY GOOD FOR ME THX
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