Tier 4 Admin Review

Hi, my visa application was declined under paragraph 245ZV(k) because the ECO didn't think I am a genuine student which is not true.

I consulted the university visa team and they requested a transcript of the interview which has shown that I actually conducted research about the institution. Therefore, they advised me to apply for admin review with a supporting letter from the compliance officer of the university partnerships.

The immigration team believed that this was a poor decision by UKVI, still, I am a bit worried. My course start date is on 24 Sep and I am afraid that I could not catch up with my study. I know some cases only take about 2 weeks to get their admin review decision but some take more than a month and they even conducted several interviews via phone, I am confused.

People who have applied for admin review before, can you provide me with some information about the process like why did you get rejected, what arguments did you provide in the admin review that overturned/maintained the decision, how long did it take for you to receive your result,... And what should I do in the event that the decision is maintained? Thank you so much

This is the timeline for my refusal:
16 July: Biometrics submitted/ First interview through Skype
25 July: Second interview via phone
01 August: Date of refusal
13 August: Pick up the result
22 August: Apply for admin review
...

Can you post the refusal letter here?

Alexis19999 wrote: ↑

Mon Aug 27, 2018 7:46 am

Can you post the refusal letter here?

I cannot convert the refusal letter into PDF so imma type down the reasons:

1. I am not satisfied that you have provided a credible rationale for your choice of course. You intend to study International Foundation in Humanities and Law. However, when asked what your future plans are and how this course will help you to achieve it, you stated you want to do a "degree in Media at X uni". You have not satisfactorily demonstrated how your chosen course relates to your future plans and this leads me to doubt the credibility of your application.

(According to the transcript, the question actually was "What are your intentions after finishing this course *the foundation course*"; I was also asked "How will this course help you with your future plans?" to which I have provided a very detailed answer, unlike what the ECO claimed.)

2. You were unable to explain your choice of institution. You stated that you chose X over Y uni "because the weather in Y is extreme. Those are the only options I considered." The UK has an equable climate with no geographical area experiencing regular extreme weather and this is therefore not a credible reason.

(In the interview, I specifically said that I chose the X over Y University for three reasons: the weather, the overall ranking, and the course module. However, they only included the reason for climate and claimed that I did not have credible reasons. I have never been to the UK before so I can only search online and ask previous students to get information about the weather. The ECO based on his own experience and disregarded the fact that I have never been to the UK before to force his judgment on my situation which is very subjective and unjustifiable.)

3. It is not reasonable to expect that a genuine student would not consider more than two institutions, given the high cost of studying in the UK.

(This is absolutely irrational. I set my goal in the very first place: to have an education in Media and follow a Foundation course and I found two institutions that offer both: X and Y uni *both have high ranking in Media*. Besides, there is no regulation that says a student should choose more than two options. If the ECO has any doubt, he should at least brought that up in the interview so that I could have the chance to defend myself.)

4. When asked what advantages your chosen institution had over others you stated: "X uni has been highly ranked and recently it's been ranked 15th and top 10 for Media". This answer does not relate to the course of education for which you are applying.
Additionally, open source checks confirm that X is, in fact, ranked 18th overall and 26th for Media. Y uni is ranked 13th for Media which is higher than your chosen institution, this leads me to further doubt the credibility of your application.

(I specifically cited the source for my research but they used the result from another source that they did not even mention to prove me wrong. I will study Humanities and Law but this is a foundation program and it will help me to make my progress into the major of my choice: Media, which does relate to the answer. They mentioned the higher ranking for Media of Y uni and once again, doubt the credibility of my application while ignoring all the other reasons that I provided.)

So what do you think? Are there any chances that the decision would be overturned? I am truly upset because I believe this result is really unfair since I did prepare very carefully for the interview.

You have not mentioned contacting your Tier 4 sponsor about your AR. If you have not already, you need to do so urgently, and seek their advice on the application.

sah10406 wrote: ↑

Mon Aug 27, 2018 9:55 am

You have not mentioned contacting your Tier 4 sponsor about your AR. If you have not already, you need to do so urgently, and seek their advice on the application.

I did, like I said in the first post, I seek for the sponsor’s advice and they urged me to applied for AR. The above is only a summary of my arguments. My sponsor even write a supporting letter for me. What I’m afraid is that the UK home office will find another reasons to refuse my application. Of course I don’t have anything to doubt since I’m a genuine student but they already brought up such unreasonable reasons, I’m afraid they’ll do it again.

Zoelinechanz wrote: ↑

Mon Aug 27, 2018 10:04 am

I did, like I said in the first post, I seek for the sponsor’s advice and they urged me to applied for AR. The above is only a summary of my arguments. My sponsor even write a supporting letter for me.

My apologies, I can see I completely misread your post. All the best with your application.

sah10406 wrote: ↑

Mon Aug 27, 2018 10:06 am

My apologies, I can see I completely misread your post. All the best with your application.

Thank you, I hope everything will work out.

Can anyone who had done AR before please share your experience with me? I’m in a devastating situation right now. Will the UK Home Office do justice for me Sorry guys but I'm seriously panicking so hard.

It depends on the merits of your individual case, not on any general rules or trends. Your Tier 4 sponsor is for sure best placed to advise.

It has been 2 weeks yet no decision is made... Hope the Home Office will conduct fairly or I wouldn't know what to do if I don't get the visa... There is nothing else I can do but pray that everything will be okay...

Hi, did you get any decision till now?
My visa was also rejection on the basis of genuity and so i applied for admin review on 29th august and no reply as of yet
What about you?

Malihamubashir wrote: ↑

Fri Sep 07, 2018 8:19 pm

Hi, did you get any decision till now?
My visa was also rejection on the basis of genuity and so i applied for admin review on 29th august and no reply as of yet
What about you?

I still haven't received anything.

Did you apply through any consultants?
And did you email them again or not?

Hi guys, I just received the result today and it came out unsuccessful, just like I expected. They gave vague reasonings for their decision and gave no evidence for their arguments. It is sad and upsetting, I don’t know what to do next. My consultant advise that I should defer mu course to Jan but I’m afraid the same thing will happen again. Should I give up on the UK?

Date: 05/09/2018

Name: XXXXXXXXX
Our Reference: XXXX

Email address provided with the application: XXXXXXXXXXX
Email address provided with the AR request: as above

Dear Ms X,

Administrative Review under the Points Based System (PBS)

You applied for entry clearance to the United Kingdom under Tier 4 of the Points Based System. Your application failed to meet the qualifying criteria and was refused on 01/08/2018. Your request for Administrative Review was received by this office on 22/08/2018.

I am satisfied you have scored the necessary points for your CAS and maintenance. However, the Entry Clearance Officer must also be satisfied that you are a genuine student. They base this aspect of the decision on the answers you provide in your interview. This credibility requirement is provided for under paragraph 245ZV (k) of the immigration rules which states that, ‘The Entry Clearance Officer must be satisfied that the applicant is a genuine student.’

Having reviewed your application including your interview record and the representations made by you in your administrative review, I am satisfied that the Entry Clearance Officer applied the correct immigration rules and made a sound assessment of the credibility of your application.

At interview you failed to demonstrate any meaningful research into studies in the UK or elsewhere. This interview was your opportunity to demonstrate that you had fully researched your studies.

I have read through your interview and I note that when asked why you chose to study this course, you gave a vague answer and you have not expanded on your answer to demonstrate how this course is specifically suited to your needs. You have not demonstrated that you understand the benefits of this course and you have not shown that you have sufficiently researched the course.

When asked about why you had chosen this institute you gave a generic answer and you have not demonstrated that you have sufficiently researched the university that you intend to study at. You have not expanded your answer to demonstrate what benefit studying at this institute will be for you. You stated in your interview you had considered only one other institute and I do not find it credible that when planning to come to the UK to study you would not have assessed more options available to you. You have not shown specifically how the course will add to your career prospects and development.

During your interview you gave generic answers and they do not demonstrate that you have conducted any research in to the benefits of studying at other courses or at any other institutes. The onus is on you the applicant to satisfy the ECO that they genuinely wish to study in the UK and I am not satisfied that you have done this, particularly when taking into account the considerable costs involved in wishing to study in the UK. I note in your request for Administrative Review you are relying on more expansive reasons for your wish to study in the UK. A genuine student would have been able to provide this information upfront when asked at interview. You have provided it only in response to the reasons in the refusal notice.

I agree with the Entry Clearance Officer’s findings and can find no reason to overturn the refusal of your application.

I therefore uphold the Entry Clearance Officer’s decision.

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It is so funny because they just accused me of having vague answers and could not even provide any specific evidence or quote in the interview. It's just so obvious that they just wanted to refuse me. I am so dissatisfied with the way UKVI works.

Can anyone lease tell me the address to where to send the administrative review notice from outside UK? thank you

[quote=Zoelinechanz post_id=1679442 time=1536573582 user_id=201475]
Brother could you send your AR by your self . My question is this if lawyer sent AR then immigration people sent it to both lawyer and applicant? Or only lawyer

have you applied for a judicial review?