cambridge college case

I want to present my complicated and interesting case in front of u and i want to seek any suggestions that u can give to me to remain in the UK. In august 2008 I applied for the PSW visa on the qualification of a pgd from cambridge college of learning in london. as, many of u must aware that cambridge college was closed due to some reasons. After the wait of 5 months in february 2009 my PSW application was refused because cambridge college was closed by that time but i had the remaining leave as student till september 2009. in april 2009 i took admission in m sc. in a college and got graduated following year. I received a degree from University of East London in Innovative Technology. as my student leave was finishing in september 2009 i applied for student visa extension but HO again refused my application and they said that because previously i used deception in my PSW case thats y i cannot be granted further leave to remain in UK but they gave me the right of appeal so i appealed against the HO decision. after hearing in december 2009 i won my case because HO did not provide a shred of proof that i used any deception in my previous PSW application or cambridge college of learning was a bogus college hence judge allowed my appeal. i got the student visa till april 2011. by september 2010 i had finished my studies and had received my degree from UEL. in april 2011 i applied for the PSW visa on grounds of my masters degree. i thought that the previous case has been closed because my appeal was allowed so i will easily be given the PSW this time. but unfortunately HO refused my application in july 2011 on the same reasons that i used deception and showed forged documents previously. i was shocked that it was happening again to me. they gave me the right of appeal and unfortunately my appeal in the court was dis-allowed because the judge said that he beleived the CCL was a bogus college and this time HO also provided sufficient proves. i fought this case on the grounds that y did HO never provided those proves before when i was in the court in 2009. and after 2 years they are opening the same case again which is very unfair. and also y didnt they appeal against the court's decision before in 2009. after that i received education in UK spent thousands of pounds and again they are blaming me for the old reason. now i have lodged an appeal to the higher tribunal and waiting for decision.

can u pls suggest me what should i do now. how should i fight my case ?. is there any human rights element which can be helpful for me in this case ?. and wt other options are available to me ?. i am in UK since april 2007. pls help me out. thanks


OHHH SORRY . THIS QUERY BELONGS TO MY BRO . HE IS USING MY ID ... APOLOGIES FO THIS CONFUSION

To avoid confusion, please ask you brother to register and post his own queries.

The earlier appeal was allowed because UKBA had no evidence at that time to prove that your brother used deception. But circumstances changed and UKBA was able to provide necessary evidence (as your brother himself admits - forged / false documents) at the time of the second appeal.

That UKBA could not provide the evidence in the first instance does not absolve your brother from the fact that he did use deception in an immigration application.

[quote="CDS (PBS "available" Article 8) Brazil [2010] UKUT 305 (IAC)"]Article 8 does not give an Immigration Judge a free-standing liberty to depart from the Immigration Rules, and it is unlikely that a person will be able to show an article 8 right by coming to the UK for temporary purposes.[/quote]

MUHAMMAD ARIF KHAN wrote:I want to present my complicated and interesting case in front of u and i want to seek any suggestions that u can give to me to remain in the UK. In august 2008 I applied for the PSW visa on the qualification of a pgd from cambridge college of learning in london. as, many of u must aware that cambridge college was closed due to some reasons. After the wait of 5 months in february 2009 my PSW application was refused because cambridge college was closed by that time but i had the remaining leave as student till september 2009. in april 2009 i took admission in m sc. in a college and got graduated following year. I received a degree from University of East London in Innovative Technology. as my student leave was finishing in september 2009 i applied for student visa extension but HO again refused my application and they said that because previously i used deception in my PSW case thats y i cannot be granted further leave to remain in UK but they gave me the right of appeal so i appealed against the HO decision. after hearing in december 2009 i won my case because HO did not provide a shred of proof that i used any deception in my previous PSW application or cambridge college of learning was a bogus college hence judge allowed my appeal. i got the student visa till april 2011. by september 2010 i had finished my studies and had received my degree from UEL. in april 2011 i applied for the PSW visa on grounds of my masters degree. i thought that the previous case has been closed because my appeal was allowed so i will easily be given the PSW this time. but unfortunately HO refused my application in july 2011 on the same reasons that i used deception and showed forged documents previously. i was shocked that it was happening again to me. they gave me the right of appeal and unfortunately my appeal in the court was dis-allowed because the judge said that he beleived the CCL was a bogus college and this time HO also provided sufficient proves. i fought this case on the grounds that y did HO never provided those proves before when i was in the court in 2009. and after 2 years they are opening the same case again which is very unfair. and also y didnt they appeal against the court's decision before in 2009. after that i received education in UK spent thousands of pounds and again they are blaming me for the old reason. now i have lodged an appeal to the higher tribunal and waiting for decision.

can u pls suggest me what should i do now. how should i fight my case ?. is there any human rights element which can be helpful for me in this case ?. and wt other options are available to me ?. i am in UK since april 2007. pls help me out. thanks


OHHH SORRY . THIS QUERY BELONGS TO MY BRO . HE IS USING MY ID ... APOLOGIES FO THIS CONFUSION

The UKBA didn't appeal when your last appeal was allowed because, as Sushdmehta says, they didn't have the evidence to show that you used deception even though they clearly had their suspicions. In addition, it is not possible to appeal a decision of the first tier tribunal unless there is an error of law in the determination, and new evidence can't be produced at that stage.

It was your decision to continue studying in the UK and spend 'thousands of pounds' on doing so after having lied in a previous application. In any case, you got your degree. Studying in the UK and spending a few thousands of pounds doesn't give you the right to stay here and I certainly can't see any scope for human rights arguments - you have only been here for 4 years and you have also used deception in doing so.

See also Cambridge College of Learning Test case is out and the students lost - you are not the only one to have now been refused on deception grounds after previously getting away with it, and you won't be the last.