Refusal of Entry in the UK

I would really appreciate it if anybody could help. My brother, Alex, is a British National (Overseas) passport holder. He does not require a visa to visit in the UK as a visitor. He has been in the UK, to come and visit me before, and he is very keen to learn English, he occasionally goes and take English lessons which are taught by teachers learning to teach English. We were unaware of the changes in the immigration rules in 1 Sep 2007 and that we did not know that visitors are no longer able to be engaged with any study activities in the UK. When he came through the immigration control in Liverpool last time, Alex told the immigration officer that he was coming to the UK to visit me, but the immigration office searched him and all his belongings and found a student card on him. My brother's English was poor and he couldn't explain himself fully, he was refused to enter into the UK, he was believed to have deceived the immigration officer of the purpose of the visit and he was detained and deported the next day.

What I am not sure is the possibility of him to gain entry again in the Uk. Is the "refusal of entry" a one off thing or is Alex being banned from coming in the UK forever? How can he proof the purpose of visiting me? He is not studying full time or any recognised qualification in the UK, so he is not able to apply for a student visa which he was suggested to do by the immigration officer. However, he has booked to do a easter revision course at a fee paying college and he is intended to take a Maths GCSE exam in June 2008 as a private student. Does it mean that he can come through as a student visitor (which he does not require a visa to gain entry)?

I am not sure if there is a way for him to come through again at some point after the refusal of entry last time he landed in the UK, and I am very wary about the "refusal to entry" and if it will affect him for any further visits to the UK (not mentioning about the revision classes and the GCSE exam, I would really like my brother to come to my wedding in the summer this year!)

I would really appreciate a reply soon.

If your brother is a British National (Overseas) passport holder, where was he deported to?

Dawie wrote:If your brother is a British National (Overseas) passport holder, where was he deported to?

Probably Hong Kong.

The answer to the OP's question is - No, her brother is not disbarred from seeking entry to the UK, and she has correctly identified the area of the Immigration Rules under which he could apply.
Beyond that, it's difficult to give specific advice without knowing the full circumstances of the refusal, and his history of previous travel here. If it was apparent to the IO that he has been spending more time in the UK than at home, and was less than frank about this, one can understand why he was refused.
In such circumstances advice may be given that the traveller could consider applying for a visa (even though he doesn't need one) so that he is assured of entry on arrival. However, if he's coming for Easter, there's not enough time to do this.

Thank you very much for your reply Mr Rusty.

I could understand where the immigration officer is coming from and that the power is rest on him/her to decide if the purpose of visit is being honest or not.

Alex did come and stayed with me quite a bit in the last two years, since the time my mum and dad was considering getting divorced and I believed that he didn't enjoy being home being part of all that.

We will definitely look into getting a visa for him to visit the UK in the future, but you are right, we are short of time to get a visa for him to come for the Easter hols to do the revision course we booked. If it is possible then it is best for him to come as a student visitor in a week time. Do you think it is enough to show the immigration officer a copy of the receipt for this course, and also the air ticket for his return journey back home in order for him to come through the immigration control?


Many thanks!