My Business Visa got rejected

[Arunnuk]

Hi,

I traveled to UK in the Month of Nov 2009 on Tier 4 Student Visa it was a visa for 18 months(validity - 14/10/09 to 31/12/11) but unfortunately in the month of January the college lost it license which created a panic situation. Even then I have been to college in the month of Jan & Feb 2010 to put in my attendance still hoping that the college would get its license back. But it was still the same, so in month end of March I decided to return back to my country as I was not much confident that the college would receive the license and I would continue my studies.

Having done some arrangements for my travel I blocked my tickets on 14th of April 2010 for 16th early morning flight and I would be in my country on the 17th April 2010. Due to the Iceland volcanic eruption that occurred at the same time my flight got delayed for 6 days where I made some arrangements for myself and stayed back with couple of my friends. I traveled to India on 22nd of April 2010 early morning flight and landed on the 23rd of April 2010 early morning.

After couple of my trials I joined an organization in the month of October 2010 and was chosen for a business travel for the Month of March.

So I applied for my business visa, which took more than 2 months of process with a final result saying that my visa got rejected.

The reason for rejection is as follows, "In your application you said you have never been deported, removed or required to leave and country including UK. I am satisfied that this statement was false because Home office records show that on 22 April 2010 you was served with an IS 151a informing you that you are liable to removal. As false representations have been made in relation to your application, it is refused.

Having said the above, as you can see with reference to my above two paragraphs you can see that I was on my way back home on the 22nd of April 2010 and I was totally unaware of the issue of IS 151a. Through which I can say that the information I furnished in my application is true as I was out of country before the issue of the letter and i am not even aware of that. So it cant be justified as a false statement.

My question for all of you is that, can I re appeal for my business visa showing all the proofs of my travel and also the required documents. I would be more than happy if I get some strong suggestions from you all, as I have to take it in a very strong way to present before the High commission.

Thanks,
Arunnuk.

[Mr Rusty]

original post retracted

[Mr Rusty]

Original post retracted as it was based on a misreading of the visa dates.

I still don't quite understand how the OP can assert that the IS151a was issued after he had left the UK if he also says he's never seen the document.

Perhaps a posting of the full refusal notice (omitting names) would help.

[vinny]

Were you involved with the college losing its license?
Did the UKBA send you a letter limiting your stay to 60 days?

[Arunnuk]

Were you involved with the college losing its license?
Did the UKBA send you a letter limiting your stay to 60 days?

Hi vinny,

I was not at all involved with the college for losing its license. I took my admission from the college when I was back in my country and I traveled to UK and joined the college in the month of Nov 2009. The college lost its license in the month of Jan 2010.

I was completely in a distressed position but then waited for couple of months to see if the college would receive its license. But till the month end of March I did not hear any positive move from them. So I decided to return back.

I planned my travel in the month of April 2010 on 16th, but due to the Iceland volcanic eruption my flight got canceled for 6 days and I had to travel 22nd April 2010.

Now when I applied for my business on 14th Feb 2011 my visa got rejected stating that I gave a false information in the application stating that I was never been deported or removed from the country including UK. As home office records show that I was issued a IS151a (removal from the country) on 22nd April 2010 of which I was not aware of or I didn't even see it, as on that day I started my journey back to my country.

I have my proofs of travel and also the entry stamp on 23rd April 2010 in Mumbai on my passport.

Please let me know if i can re appeal for my visa and what would be the best way possible.

Thanks,

Arunnuk.

[Arunnuk]

Original post retracted as it was based on a misreading of the visa dates.

I still don't quite understand how the OP can assert that the IS151a was issued after he had left the UK if he also says he's never seen the document.

Perhaps a posting of the full refusal notice (omitting names) would help.

Hello Mr. Rusty,

Below is the full refusal notice,

The Decision

"In your application you said you have never been deported, removed or required to leave any country incluiding the UK. I am satisfied that this statement was false because Home office records show that on 22/04/2010 you was serves with an IS151a informing you that you are liable to removal. As false representations have been made in relation to your application, it is refused under paragraph 320(7a) of the immigration Rules. Any future application with also be automatically refused, for the same reason, under paragraph 320(7B0 of the UK immigration rules HC395 (as amended) until 22/04/2011, unless a concession applies.

I have therefore refused your application because i am no satisfied , on the balance of probabilities, that you meet all of the requirements of the above paragraphs of the immigration rules.

Your right of appeal


Your application does not attract a full right of appeal under section 82(1) of the Nationality, immigration and Asylum Act 2002. Your right of appeal is limited to any or all of the grounds referred to in section 84(1) (b) and (c) of the Nationality, immigration and Asylum Act 2002 Namely:

b) the decision is unlawful by virtue of section 19B of the Race Relations Act 1976 (c. 74) (discrimination by public authorities):

c) That the decision is unlawful under 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 appellants convention rights.
_____________________

The reason for issue of IS151a could be because the college lost it license or as the college lost its license that was a gap of attendance that i dint maintain as I decided to return back from the country.

As you can see my earlier post I was traveling back to my country on 22nd April 2010, Home office records show that I was issued a IS151a on that day of which I would not be aware of as I was traveling back home.

I have all my proofs of travel which can show that I was traveling on 22nd April 2010, there by proving that I was completely unaware of the IS151a issue.

Can you also please explain me on my Right to appeal.


Please do suggest me if these would help me to re appeal to home office and re-consider my visa.

Thanks,
ArunnUK.

[Mr Rusty]

Firstly, to deal with your right of appeal:-
As you have applied for a visit visa, your only grounds for appeal, as the notice says, are if you can show that the refusal infringed either the Race Relations Act or the Human Rights Act. I would not wish to say what your chances are of succeeding in an appeal on those grounds, you should take qualified legal advice, having presented all the facts. The only other immediate remedy you have is to ask for a review by the Entry Clearance Manager of the Visa Office where your application was considered.

Secondly, I would ask you the following:-
Which airport/terminal did you depart from?
Did you present your passport to an Immigration Officer before you entered the departure lounge?
If so, can you state in as much detail as possible what conversation took place?

[vinny]

They may have issued the IS151a at the airport.

[Mr Rusty]

They may have issued the IS151a at the airport.

Exactly, which is why I'm asking the questions. It's too much of a coincidence that the 151a was issued on the date the OP flew from the UK for it to have been issued by a caseworker in Croydon or elsewhere.

[Arunnuk]

Firstly, to deal with your right of appeal:-
As you have applied for a visit visa, your only grounds for appeal, as the notice says, are if you can show that the refusal infringed either the Race Relations Act or the Human Rights Act. I would not wish to say what your chances are of succeeding in an appeal on those grounds, you should take qualified legal advice, having presented all the facts. The only other immediate remedy you have is to ask for a review by the Entry Clearance Manager of the Visa Office where your application was considered.

Secondly, I would ask you the following:-
Which airport/terminal did you depart from?
Did you present your passport to an Immigration Officer before you entered the departure lounge?
If so, can you state in as much detail as possible what conversation took place?

I departed from Heathrow Airport , I do remember a cop asking me couple of questions and took a note of it before I entered the departure lounge. I gave him all the details, he asked when I entered the country and why I was leaving the country he took my passport number and the visa details. He asked when I was returning which I was not sure of mule the college lost its license and I had an emergency back home so i was honest I told him I didn't know when I would return.

I made sure to ask him why was he asking all these details he said just for future reference. He never mentioned that he was issuing a IS151a.

Which proves that I was unaware of the issue of IS151a, there by I didn't mention in my application the same.

[vinny]

Ask them where the IS151a had been issued. I agree that if you were unaware of it, then you didn't make a false statement.

Did the UKBA send you a letter limiting your stay to 60 days?

Moreover, if the UKBA had not informed you of the 60-day curtailment, then perhaps you may also argue that any issue of IS151a was inappropriate.