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.
Added you to Taggly (never heard of it? well Store, share and tag your favorite links.
Like or Dislike:
0 
0
Thanks Ok!
Like or Dislike:
0 
0
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
Like or Dislike:
0 
0
Hi Ibrar
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 I were you I’d simply apply again as administrative reviews take a long time to complete.
Like or Dislike:
0 
0
i like what you write here.. thank you for sharing
Like or Dislike:
0 
0
Great… very cool issue. I will write about it too.
Like or Dislike:
0 
0
how long will it takes for administrative review? thank you! im looking forward for your good feedback.
Like or Dislike:
0 
0
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?
Like or Dislike:
0 
0
hi
daniel how r u . first of all thanks for helping peopls. and dear i apply for my student visa extension in march2010 i got same day apointment i went thier but entry clearnce officer refuse my leave to remain on maintinace funds. i did supply him my legal guardian statement with my own bank statement and my guardian did send me money via western union but someone withdarw that money from wetern union thats why i canot produce 28days statemnt. i already pay 2 years fee no outstanding balance. i give eco police crime ref for this fraud and western union slips and their investigation latter but he is so rude he said i donot wana concider my guadian statemnt i said i full all the requirementes which ukba website said and application form said i submit court documentes of my guardianship but he said i donot make website and application form. now i am so streesd because my college is not going to refund my fee . tell me what to do.
kind regards
imran
Like or Dislike:
0 
0
Hi Muhammad
When you say someone withdrew the money, you do mean yourself? As Western Union money transfers are secure and you had the money wired into your account?
Unfortunately, if you do not meet the requirements for maintenance then your application will be refused. There is no flexibility on the issue. I’m not sure why you gave them all the details about the money going missing as that wouldn’t help.
Do you have a copy of the Appendix 8 Form you completed?
If your visa has been refused then your college should refund you – where are you studying and do you have their terms and conditions?
Like or Dislike:
0 
0
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!!
Like or Dislike:
0 
0
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).
Like or Dislike:
0 
0
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.
Like or Dislike:
0 
0
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.
Like or Dislike:
0 
0
and please farhan can i have ur email or msn adress as i wud like to discuss something with u plzzzzzzzzzzzzzz
Like or Dislike:
0 
0
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.
Like or Dislike:
0 
0
I am bangladeshi refused by uk ambassey in july 2008 under rule 320(7A).can I apply now again in uk.
Like or Dislike:
0 
0
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.
Like or Dislike:
0 
0
I cannot believe this is true!
Like or Dislike:
0 
0
MY STUDENT VISA IS REFUSED DUE TO THE MISTAKE OF ECO BECAUSE HE DIDNOT SEE MY FATHER A/C STATEMENT………………I AM VERY TENSED………
Like or Dislike:
0 
0
slam o alikum brother
its the same thing happens to me visa officer did see my guarduan statement and he said starit i donot wana concider this i want ur statement i said i see the website and its did said that i can show my guardian statement but he reply to me i did not make the website.
any how u can apeal against his decision in court hopefully u got ur entry clearance.
all the best
imran
Like or Dislike:
0 
0
Hi Muhammad
A lot does depend on the answers you provided in the Appendix 8 Form. Did you keep a copy?
Like or Dislike:
0 
0
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
Like or Dislike:
0 
0
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
Like or Dislike:
0 
0
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.
Like or Dislike:
0 
0
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
Like or Dislike:
0 
0
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.
Like or Dislike:
0 
0
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.
Like or Dislike:
0 
0
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
Like or Dislike:
0 
0
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
Like or Dislike:
0 
0
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
Like or Dislike:
0 
0
Great post! I’ll subscribe right now wth my feedreader software!
Like or Dislike:
0 
0
i want to appeal i have been refused i really do not why?? please help meeee
Like or Dislike:
0 
0
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.
Like or Dislike:
0 
0
if your son’s visa is canceled………This is the right blog……….
Like or Dislike:
0 
0
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
Like or Dislike:
0 
0
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.
Like or Dislike:
0 
0
i have refused for the uk student visa and i want to apeal through your company. How much charges for this ? Please Help Me !!!
Like or Dislike:
0 
0
I’m writing from Turkey. I like your writings.Thanks for education.
Like or Dislike:
0 
0
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
Like or Dislike:
0 
0