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gj6ab5657
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Joined: 27 Jan 2012
Posts: 61
Location: UK
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 Posted: Sun Oct 28, 2012 7:41 pm Post subject: Re: Tier 4 leave to remain(extension) refused |
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Hi! there, just wondering to ask you to all, any one know about what happened next? on this case
One of my relative has applied UK student visa LEAVE TO REMAIN(extension) through agent from London and he got refusal with reason ''submitted CAS letter not genuine-In your application , you submitted a false CAS number'' and he got refusal under para.322(1A), of the immigration Rules. with future application 10 years banned
In above case wasn't any involvement of applicant but agent had cheated him and took £2000 for collage Admission and tuition fees.
after this student applicant has reported into police and fraud investigation team and appealed his UKBA decision through solicitors. can any one suggest in this case UKBA or tribunal will change decision because wasn't student applicants fault? for false representation to UKBA
please give your suggestion because 3 out of 10 solicitors gave hope for win appeal is this true?
Thanks in Advance..  |
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Deviser
Senior Member
Joined: 13 Oct 2011
Posts: 476
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| Posted: Sun Oct 28, 2012 8:10 pm Post subject: Re: Tier 4 leave to remain(extension) refused |
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| gj6ab5657 wrote: | he got refusal under para.322(1A), of the immigration Rules. with future application 10 years banned
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I think this kind of refusal does not carry 10 years direct ban. Its comes with 1 year direct ban and 2, 5, 10 years indirect ban with some conditions.
Anyhow, did he mentioned in application form that he is using any agent's services? Did he speak to the college and why did your friend do not visit the college to confirm when he got CAS from agent? Did he attend classes? If yes, than how can he do that on false CAS/enrollement, and, if he did not attend the classes how can he prove he is a genuine student?
Most of solicitor just want money. Now a days, they are just ripping-off student who are in same situation. I know a student who paid £8000 to solicitors and now going home with ban. |
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gj6ab5657
Member
Joined: 27 Jan 2012
Posts: 61
Location: UK
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| Posted: Mon Oct 29, 2012 3:31 pm Post subject: Re: Tier 4 leave to remain(extension) refused |
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| Deviser wrote: | | gj6ab5657 wrote: | he got refusal under para.322(1A), of the immigration Rules. with future application 10 years banned
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I think this kind of refusal does not carry 10 years direct ban. Its comes with 1 year direct ban and 2, 5, 10 years indirect ban with some conditions.
Anyhow, did he mentioned in application form that he is using any agent's services? Did he speak to the college and why did your friend do not visit the college to confirm when he got CAS from agent? Did he attend classes? If yes, than how can he do that on false CAS/enrollement, and, if he did not attend the classes how can he prove he is a genuine student?
Most of solicitor just want money. Now a days, they are just ripping-off student who are in same situation. I know a student who paid £8000 to solicitors and now going home with ban. |
Thanks Deviser for the prompt reply ,
1) yes you are right about barred for re-application time period respectively 1,5,and 10 years but was solicitors word if even in writing very less chance to get re-visa before 10 years.
2) He hasn't mentioned in application form that he is using any agent's services
3) yes my friend went in the college but on the reception and principal has confirmed not been issued from college and even he hasn't attended class because agent was keep saying to him you no need to go attend class until your visa come back with stamp from UKBA he was completely mis-guided by agent and that's matter been reported in his police complain/fraud investigation team
how about chances to win appeal to First-tier Tribunal in this case? |
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Deviser
Senior Member
Joined: 13 Oct 2011
Posts: 476
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| Posted: Mon Oct 29, 2012 5:30 pm Post subject: Re: Tier 4 leave to remain(extension) refused |
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| gj6ab5657 wrote: | | he hasn't attended class because agent was keep saying to him you no need to go attend class until your visa come back with stamp from UKBA |
Whatever the agent said, how any student can believe that he do not need to attend classes even he paid for that course? Its clearly shows that he was just trying to prolong his visa and was not intended for study.
| gj6ab5657 wrote: | | he was completely mis-guided by agent and that's matter been reported in his police complain/fraud investigation team |
Than what police said? Did they arrested that agent or raid on his office or home? Did you sent any information to UKBA about that?
| gj6ab5657 wrote: | | how about chances to win appeal to First-tier Tribunal in this case? |
You can try but I am hopeless. The case has many flaws in student point of view.
The circumstances of the case are clear. May be student was misguided by agent, but student himself was not intended to be wise. He try to prolong his stay by 'anyway' and when refused, now trying to blame some agent.
The only thing which may help you is police investigation report (in your favour) + solicitor efforts, but in this case, their is a risk of some thousands of sterlings. |
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gj6ab5657
Member
Joined: 27 Jan 2012
Posts: 61
Location: UK
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| Posted: Mon Oct 29, 2012 6:09 pm Post subject: Re: Tier 4 leave to remain(extension) refused |
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| Deviser wrote: | | gj6ab5657 wrote: | | he hasn't attended class because agent was keep saying to him you no need to go attend class until your visa come back with stamp from UKBA |
Whatever the agent said, how any student can believe that he do not need to attend classes even he paid for that course? Its clearly shows that he was just trying to prolong his visa and was not intended for study.
| gj6ab5657 wrote: | | he was completely mis-guided by agent and that's matter been reported in his police complain/fraud investigation team |
Than what police said? Did they arrested that agent or raid on his office or home? Did you sent any information to UKBA about that?
| gj6ab5657 wrote: | | how about chances to win appeal to First-tier Tribunal in this case? |
You can try but I am hopeless. The case has many flaws in student point of view.
The circumstances of the case are clear. May be student was misguided by agent, but student himself was not intended to be wise. He try to prolong his stay by 'anyway' and when refused, now trying to blame some agent.
The only thing which may help you is police investigation report (in your favour) + solicitor efforts, but in this case, their is a risk of some thousands of sterlings. |
That's right Deviser I'm completely agree with you and even my shelf blame to my friend because he should not trust anybody for anonymous/unknown agent and even he is not been registered with ''The Law Society''
just for kind your knowledge police has taken all details from my friend but not hear from any thing about any progress or seems arrested any body let's see what happens further I'll post when any updates - Thanks for taking time for this reply |
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gj6ab5657
Member
Joined: 27 Jan 2012
Posts: 61
Location: UK
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| Posted: Mon Nov 19, 2012 5:45 pm Post subject: Re: Tier 4 leave to remain(extension) refused |
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| gj6ab5657 wrote: | | Deviser wrote: | | gj6ab5657 wrote: | | he hasn't attended class because agent was keep saying to him you no need to go attend class until your visa come back with stamp from UKBA |
Whatever the agent said, how any student can believe that he do not need to attend classes even he paid for that course? Its clearly shows that he was just trying to prolong his visa and was not intended for study.
| gj6ab5657 wrote: | | he was completely mis-guided by agent and that's matter been reported in his police complain/fraud investigation team |
Than what police said? Did they arrested that agent or raid on his office or home? Did you sent any information to UKBA about that?
| gj6ab5657 wrote: | | how about chances to win appeal to First-tier Tribunal in this case? |
You can try but I am hopeless. The case has many flaws in student point of view.
The circumstances of the case are clear. May be student was misguided by agent, but student himself was not intended to be wise. He try to prolong his stay by 'anyway' and when refused, now trying to blame some agent.
The only thing which may help you is police investigation report (in your favour) + solicitor efforts, but in this case, their is a risk of some thousands of sterlings. |
That's right Deviser I'm completely agree with you and even my shelf blame to my friend because he should not trust anybody for anonymous/unknown agent and even he is not been registered with ''The Law Society''
just for kind your knowledge police has taken all details from my friend but not hear from any thing about any progress or seems arrested any body let's see what happens further I'll post when any updates - Thanks for taking time for this reply |
just updates:about above case- student has appealed his matter through Solicitor and got the appeal date next Tuesday 27/11/12 let see what happens in the court hearing will update after court decision. |
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gj6ab5657
Member
Joined: 27 Jan 2012
Posts: 61
Location: UK
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| Posted: Sun Jan 20, 2013 4:53 pm Post subject: Hi! |
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Dear boards members & Guru's
Above topic regarding first tier tribunal judge has immigration(Leave to remain on student) and human rights appeals are dismissed
Is there any chance to appeal to upper tribunal and get success?
or he(with wife and one year old son) has to go back to India only one option?
Is there any advice so he can stay in the UK? please help.... Thank you in Advance. |
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askhan
Senior Member
Joined: 04 Jun 2010
Posts: 307
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| Posted: Mon Jan 21, 2013 9:35 pm Post subject: re |
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no harm in trying luck. but this case is very weak. and evidence is all against to your friend....
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farhan984
Junior Member
Joined: 01 Feb 2013
Posts: 10
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| Posted: Fri Feb 01, 2013 10:47 pm Post subject: |
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1. Student should get admission in a University at their campus and not through an agent unless agent is an authorized one.
2. Case is weak if the student had not filled Representative section in Tier 4 application form. |
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farhan984
Junior Member
Joined: 01 Feb 2013
Posts: 10
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| Posted: Fri Feb 01, 2013 10:48 pm Post subject: Re: Tier 4 leave to remain(extension) refused |
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| Quote: | | I think this kind of refusal does not carry 10 years direct ban. Its comes with 1 year direct ban and 2, 5, 10 years indirect ban with some conditions. |
I would agree with this. |
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esic_sonia
BANNED
Joined: 25 Jan 2013
Posts: 114
Location: London, UK
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| Posted: Sun Feb 03, 2013 3:48 pm Post subject: |
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| farhan984 wrote: | 1. Student should get admission in a University at their campus and not through an agent unless agent is an authorized one.
2. Case is weak if the student had not filled Representative section in Tier 4 application form. |
What he probably did was ... got CAS letter and filled the form himself. |
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k77
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Joined: 17 Jan 2013
Posts: 26
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| Posted: Fri Feb 22, 2013 1:04 am Post subject: |
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What kind of agent he was by telling your friend not to go to college.If you miss 10 contacts with the college, it is their legal duty to report that student to home office.
The case is very weak ,if he has not filled the representative section of the form.If the agent is registered with college or uni atleast your friend should complain to that college or uni about him for providing such a bad service on their behalf. |
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esic_sonia
BANNED
Joined: 25 Jan 2013
Posts: 114
Location: London, UK
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| Posted: Fri Feb 22, 2013 1:34 pm Post subject: |
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| k77 wrote: | What kind of agent he was by telling your friend not to go to college.If you miss 10 contacts with the college, it is their legal duty to report that student to home office.
The case is very weak ,if he has not filled the representative section of the form.If the agent is registered with college or uni atleast your friend should complain to that college or uni about him for providing such a bad service on their behalf. |
Complaining about college or uni would still not help him. He can go back and apply again, if they have not banned him.
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gj6ab5657
Member
Joined: 27 Jan 2012
Posts: 61
Location: UK
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| Posted: Fri Feb 22, 2013 11:50 pm Post subject: |
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| esic_sonia wrote: | | k77 wrote: | What kind of agent he was by telling your friend not to go to college.If you miss 10 contacts with the college, it is their legal duty to report that student to home office.
The case is very weak ,if he has not filled the representative section of the form.If the agent is registered with college or uni at least your friend should complain to that college or uni about him for providing such a bad service on their behalf. |
Complaining about college or uni would still not help him. He can go back and apply again, if they have not banned him. |
Thank you esic_sonia,k77,farhan984 and askhan
for your wonderful opinion in this thread
above case updates: Immigration and Asylum First-tier Tribunal has this students appeal been refused and dismissed-but he got permission to go The Upper Tribunal and he has appealed his case to The Upper Tribunal and one of well-known solicitors gave him hope to win his case but don't know whats happened afterwards will update in the forum further detail soon- another advantage for him he has 14 month UK born baby boy so solicitor will fight on UK child born way let us see but Thanks for reading this thread and will update any out come in this case |
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gj6ab5657
Member
Joined: 27 Jan 2012
Posts: 61
Location: UK
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| Posted: Sun Feb 24, 2013 11:35 am Post subject: RE-any suggestion |
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| any suggestions? from experts views well-come for this thread |
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6947
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| Posted: Sun Feb 24, 2013 12:23 pm Post subject: |
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| Do you have a specific question? |
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gj6ab5657
Member
Joined: 27 Jan 2012
Posts: 61
Location: UK
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| Posted: Sun Feb 24, 2013 1:17 pm Post subject: RE-Thanks |
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| Thanks Greenie for your reply, accordingly see whole situation from my first post this student which is my relative and after inquired out of 15 experts and solicitors very few(may be only 2 ) has replied for less chance get extension his visa allow through The Upper Tribunal with his first refusal but my curiosity is it worth to pay solicitor fees third time £1500? as he is younger than me and he always takes advice from me(accept he went wrong first place when his further leave to remain in the UK for extension his visa) and all this kind of situation occur. |
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gj6ab5657
Member
Joined: 27 Jan 2012
Posts: 61
Location: UK
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| Posted: Thu May 09, 2013 5:16 pm Post subject: Hi! |
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Hi! to every one,
just upgrade some more details above case but don't know whats this mean> student has appeal to upper tribunal against decision from First tier tribunal and upper tribunal has given decision as below:
*The decision of First-tier tribunal does contain an error of law and the decision in respect of the appeal against removal is set aside.
*The matter is re-made as follows:''the appeal against a refusal to vary leave is dismissed. The appeal against the s47 removal decision is not in accordance with the law and appeal is allowed to that extent''
what's does this mean? does he have to re apply for appeal in the First-tier tribunal? or can he re-apply for his visa?
your advice will be highly appreciated. |
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gj6ab5657
Member
Joined: 27 Jan 2012
Posts: 61
Location: UK
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| Posted: Sat May 11, 2013 10:58 am Post subject: Re: Hi! |
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| gj6ab5657 wrote: | Hi! to every one,
just upgrade some more details above case but don't know whats this mean> student has appeal to upper tribunal against decision from First tier tribunal and upper tribunal has given decision as below:
*The decision of First-tier tribunal does contain an error of law and the decision in respect of the appeal against removal is set aside.
*The matter is re-made as follows:''the appeal against a refusal to vary leave is dismissed. The appeal against the s47 removal decision is not in accordance with the law and appeal is allowed to that extent''
what's does this mean? does he have to re apply for appeal in the First-tier tribunal? or can he re-apply for his visa?
your advice will be highly appreciated. |
Is there any ones opinion? please let us know
Thanks in advance |
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6947
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| Posted: Sun May 12, 2013 7:25 pm Post subject: |
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If very simplistic terms it means as follows:
He lost the appeal in respect of being granted leave to remain under tier 4. If he wants to appeal this he would need to seek permission to appeal to the court of appeal. This is very difficult.
He won the appeal with respect to the decision to remove him from the UK (the section 47 decision). This is due to a technicality of ukba not properly legislating to make section 47removal decisions lawful. However this has now been rectified and the relevant legislation is now in force.
What is likely to happen, assuming no further appeals are successfully brought by either party is that either-
1) ukba will do nothing with the expectation that your friend will either make attempts to leave the UK voluntarily
Or
2)
They will make another decision to remove him from(possibly if 1) fails. This will attract another right of appeal. |
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