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Please help me to appeal Human rights visa

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sonie
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Joined: Sun Aug 28, 2011 6:41 pm

Please help me to appeal Human rights visa

Post by sonie » Mon Aug 29, 2011 4:22 pm

actually I entered in 1999 to study degree course but able to afford only diploma, and left UK in 2002.

And I came back in 2007 to finish my study which was initiated back on 2001, and took MA course from 2007 to 2008 but failed to obtain MA degree to apply 2 years work scheme, furthermore the college did not give me option to retake the course.

And the course (scenography) is rare field in my home country so that it's impossible to start a career without proper qualification or work experience in UK.

So I made complaint my case to public organisation which deals students matters independently.

With that expectation, I managed to extend student visa for 1 year from 2008 to 2009 as attending newly opened a college, but the public organisation rejected my case as well as unable to pay further tuition from 2010 as working part time only.

As a result, further extension application with conditional offer letter from a college was refused from home office at the end of 2010 and automatically my part time job was cut by this reason.

I studied MA with last inheritance from parents they were dead and no one can support me in my home country.

For all this reasons, I have been desperately looking for other ways to extend my visa and then found Human Rights in Asylum category.

With last hope, I applied Human Rights visa this July with all I have, but received a refused letter 2 days ago.

Now, even I do have nothing to buy a flight ticket to go back, so I can't help but appeal it.

PLEASE give me advise to make right appeal.


Thank you

Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Mon Aug 29, 2011 4:32 pm

I can't speak for anyone other than myself, but I suggest that this is too complex for a general immigration forum where normally one can look at the rules and case law and match situations and circumstances. ECHR 8 cases are based on the applicant's proportional rights to a family life in the UK. Get a competent lawyer on board for an initial discussion and that person, having been briefed by you, should be able to tell you pretty much immediately if there is any merit in making further representations to remain in the UK.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 8:45 pm

Post by Greenie » Mon Aug 29, 2011 7:45 pm

I agree with Lucapooka that you should seek advice from a compentent immigration solicitor or advisor. However, on the basis of the information you have given, I think it would be unlikely that you would succeed in an article 8 appeal - the fact that you have not been successful academically and have run out of money to finish your studies is not likely to be sufficient to show that refusing you further leave to remain in the UK would be a disproportionate breach of your right to a private life. The point of coming to the UK as a student is that you can fund your studies. There should be no expectation that coming here as a student means you can stay here permanently - this is UKBA's position.

You say that there is no one to support you at home but there is no one to support you here either - the UKBA's position, and most likely the immigration judge's is that you are a grown adult who spent most of their life in their home country and therefore you can return there - the fact that you have no family there is not enough to make your removal disportionate - you are able to work and therefore can support yourself.

Sorry to sound harsh but I think you need to be realistic. Seek advice in any case as a legal advisor can take detailed instructions from you on your circumstances which is not possible on a forum such as this.

If you are worried about your ticket home then you could apply for voluntary return and if eligible your ticket would be funded by the UK government.

sonie
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Posts: 2
Joined: Sun Aug 28, 2011 6:41 pm

Post by sonie » Tue Aug 30, 2011 7:08 am

thank you very much for your advise

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