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Tier 4 dependent visa rfusal due toa mistake by ECO

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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Raiquahmustahid
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Posts: 3
Joined: Sat Mar 15, 2014 9:55 am

Tier 4 dependent visa rfusal due toa mistake by ECO

Post by Raiquahmustahid » Tue Mar 18, 2014 9:14 pm

I am a Bangladeshi national and at my request BPP university issued me a CAS for LLM Islamic Finance and Business Law. Thereafter, I along with my family (my wife and my 5 years old daughter) applied for VISA. I have been granted with VISA but unfortunately my wife and daughters were refused for some unreasonable reasons shown by a whimsical Entry Clearance Officer.
In my wife’s case, the concerned Entry Clearance officer has made a mistake regarding the duration of LLM in Islamic Finance and Business Law at BPP University. He thinks that this course is not 12 months in duration. In the CAS and application and all other documents submitted, the duration of the course was correctly written. The course will commence on 14.05.2014 and will end on 29.05.2015. This is a blatant mistake made by Entry Clearance officer.
Moreover, it is really stunning that he also does not know whether BPP University is a recognized body. It seems that he has raised the question whether LLM students is capable to bring Dependents in UK with them.. My course is a fulltime one year LLM program (NQF level 7) and BPP university is Higher Education Institute and is recognized body ( plz see-http://www.legislation.gov.uk/uksi/2013/2992/made). I know that this is a settled issue and LLM students of BPP should be able to bring their dependents . As per the refusal decision, my wife’s right of appeal is limited to the grounds referred to Section 84(1) (C) of the Nationality, Immigration and Asylum Act 2002.
In my daughter case, since my wife’s visa was rejected, my child’s application was automatically rejected. My child’s right of appeal is also limited to the grounds referred to Section 84(1) (C) of the Nationality, Immigration and Asylum Act 2002. It means that both of them have been deprived of the right of appeal because Section 84(1) (C) only deals with section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights and as far as I understand my wife and child cannot make an appeal on that ground.
In addition to this, as far as I know since my course I s 12 month duration and will end on 29.05.2015. I should have been granted visa up to four months ( up to 29.09.2015) after the course ends. But my VISA has been given up to 29.07.2015.
Since my wife and child do not have any right of appeal or administrative review, I seek your kind consideration and I expect that justice should be done in their case. If they are rejected for any genuine ground, we do not have any grievance. But we are really aggrieved by the unreasonable and incorrect decision of the concerned Entry Clearance Officer. I would be grateful if you could.

I have sent an e-mail to ECM. but I am yet to get any response.

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 11:28 pm
Location: London, UK.

Re: Tier 4 dependent visa rfusal due toa mistake by ECO

Post by Olasunkanmi » Wed Mar 19, 2014 3:22 am

@ Raiquahmustahid, due to the short duration before your course start date you can submit an administrative review first and if that fail you can then submit a fresh application.

You are right that you should have been given 4months extra after your course end date, you can also send an administrative review separately for this as you might be lucky to get a call to come in and rectify the mistake before your course commence.
The key to success is knowledge and hardwork, and to have faith.

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