Urgent Response Please Last 12 Days Left For PAP and JR

Hello All,

I had applied for Tier-1 (Graduate entrepreneur) 50,000£ category in the last month of submission March 2019.

I was initially refused on 15th April 2019 for the following reason:
1) I do not have English speaking ability upto cefr level c2
Reason : I had submitted general ielts certificate with each 6.5 and overall 6.5 instead of UKVI ielts which they could not locate on selt consortium. They did not ask for alternative English proof nor they interviewed me.

They offered me to go for AR if I am not satisfied and thus I applied for AR where i stated that they should consider the fact; I had done my graduate diploma from New Zealand which is an English speaking country, the general ielts certificate submitted in application is issued by British council which in turn is recognised by you only, I added that during my initial application i submitted my bachelors of engineering certificate awarded by a NARIC recognised university, to prove it I am attaching my NARIC certificate (note: NARIC was added in AR), I even argued that you should have asked for alternative proof of english under flexibility of evidence and even you did not consider my application under human rights.

But the AR caseworker stood by the descision of ECO and refused my AR on 10th June, lastly after going to many lawyers, solicitors and barristers, I found one guy who has agreed to help me and launch PAP and file JR.

I have just 12 days left so by 9th sept I have to apply. Can you suggest and guide me is it advisable to go for PAP and then challenge home office for my case, are there any chances of success??

JR is outside the scope of the immigration rules. You must demonstrate that UKVI acted unlawfully. I suggest to follow this up with your legal team

Thanks Zimba for sharing your views.

Further i believe that before consulting the legal team I wanted to be self assured that are there any chances of success in fighting against UKVI and proving them wrong. Technically as per the immigration rule providing either UKVI ielts or NARIC is must but initially I could not present them, it was ECO who would have considered asking for a valid proof under flexibility of evidence if he couldn’t find required one by giving me a time frame or else organising an interview. The AR caseworker also did not considered my request so I was just wondering, will it be fruitful going to judge and pleading.. pls guide

You cannot add new evidence in AR stage. However I believe you have a case under evidential flexibility rules as the case worker failed to give you the opportunity to provide NARIC certificate as you submitted a degree from an English speaking country in your initial application.

Zimba appreciate your input.

But have to clear here that firstly I am not a degree holder from English speaking country, it’s just a graduate diploma I hold from New Zealand, I hold bachelors degree from India both awarded degrees were produced during the initial application. Now can you comment pls..

The other concern that I am looking in this category is they haven’t informed me to go for JR in my AR refusal so by any chance I can directly go for PAP and JR.

Did you submit the naric assessment for your Indian degree??

A diploma is not sufficient for the English requirement.

You don't need ho permission to do jr and their letters won't contain that option for you as jr is not an immigration process. You do jr through the judiciary system not the immigration system.

Welcome and thanks CR001 to let me know your views.

Can you please let me know what’s this matrix assessment as it’s a new term to me.

As I said I submitted my awarded degree certificate copies from both universities in initial application.

In AR i had 28 days during that time I got the NARIC from UK by providing them all the necessary transcript and letters. This NARIC did not contained my New Zealand Degree equivalency just the Indian Degree was assessed.

It's naric not matrix. I have edited my post.

As zimba said, you can't add new evidence to AR.

CR001 thanks for editing.

Yeah here is the twist initially I was relying on the general ielts certificate added in the application as I did not do deep research that general ielts is not valid instead you need a UKVI one.

And thats was the reason of refusal ....

But on other grounds i scored full marks, the argument is just that atleast they could have asked for some other proof before rejecting “as they mentioned we are not able to locate this certificate on selt consortium with number provided on it” and I would have produced NARIC. I got the NARIC in 3 days.

I understand i cannot add any docs at AR Stage but I believed it was just a supporting document stating the degree you have in initial application is one which justifies my level of English.

If in above case what are the chances of going for PAP and JR,, is my case weak,???

Pls guys anybody from forum kindly reply,, based on my case and conditions is it advisable to go for PAP and JR,, or not??

I have heard the success ration of the PAP application but have no idea on JR also if I am not wrong it’s a long and costly process.

Kindly give inputs... thanks once again

rraj1926 wrote: ↑

Thu Aug 29, 2019 1:05 pm

Zimba appreciate your input.

But have to clear here that firstly I am not a degree holder from English speaking country, it’s just a graduate diploma I hold from New Zealand, I hold bachelors degree from India both awarded degrees were produced during the initial application. Now can you comment pls..

The other concern that I am looking in this category is they haven’t informed me to go for JR in my AR refusal so by any chance I can directly go for PAP and JR.

I repeat, JR is outside the scope of the immigration act, in fact it is part of the administrative law. JR is a process to challenge any public body like Home Office in the court if it is suspected they acted unlawfully. This is not part of the immigration procedures at all and is not a form of an immigration appeal. Immigration Act 2014 removed the right of applicants to appeal an immigration decision in most cases (excluding human right cases) so that is why many are using JR procedure to take Home Office to court instead. You may pursue JR against any public body in the UK if necessary. That is up to you.

The immigration rules do not require caseworkers to request missing documents. It is your responsibility to supply the required documents. Again, you can argue that your Indian degree was taught in English and evidential flexibility should have been applied but at the end you must prove that was an unlawful act.