Served with IS151A - overstayer

Dear members,

I, on behalf of my friend, would appreciate your valuable advice on the matter below:

Background:

A. The student ("subject") entered the UK with a Tier-4 student visa. The subject stresses that due to an argument on the tuition fees and study environment in the college it was difficult to continue studying at the sponsored college, hence, the subject left midway of the course from that college and completed the same level course from another college.

B. Subsequently the subject applied for a visa extension before his current visa expires. Home Office reported to the subject that the CAS issuer has lost their license and was provided with 60 days to make a fresh application.

C. Within 60 days the subject reported Home Office about the parents' medical condition and intention to withdraw the application. Home Office acknowledged and returned the passport and the subject with immediate effect left the UK.

D. Meantime, as stated in paragraph A, during the point of argument, the college reported Home Office that they no longer intend to sponsor the student and hence requested visa curtailment.

E. Lately, the subject requested for SAR (Subject Access Request) and found that the visa at the time was curtailed but no letter was issued to the subject's address neither from Home Office nor from the college. The SAR disclosure comes with only 1 letter of visa curtailment issued to the college.

F. Moreover, neither Home Office nor the college has contacted and reported the visa curtailment matter. As a matter of fact, even during the visa extension period event Home Office did not report in any event the subject of the matter of overstayer and visa curtailment.

Event's chronology:

1. On 26 November 2010 – The subject arrived in the UK with a Tier-4 student visa expiring on 31 May 2013.

2. On 10 May 2012 – The subject’s visa was curtailed by UKBA, which issued a letter to the Subject’s college address (Churchill college), the letter never reached to subject neither from UKBA nor college. 60 days for fresh application expired on 09 July 2012.

3. 29 May 2013 – Subject made a fresh application to extend visa with study progress from another college (other than Churchill college).

4. On 26 November 2013 – UKBA reported to the subject that the new CAS issuer (for a visa extension) has lost their license and was provided with 60 days for a fresh application.

5. xx January 2014 (cannot recall the exact date) - Reported UKBA withdrawing the application, and returning home due to medical reasons of parents.

6. xx January 2014 (cannot recall the exact date) – In receipt of the letter from the UKBA – date on the letter 28 January 2014 – with passport return.

7. 01 February 2014 – Subject left the UK.

Is there any opportunity and process that the subject can raise and appeal against his overstayer matter as it was never well within of his knowledge?

Thank you in advance for your time and attention in this matter.

Regards.

Your friend needs professional advice.