Re: Tier 4 leave to remain(extension) refused

[gj6ab5657]

Hi! there, just wondering to ask you to all, any one know about what happened next? on this case

One of my relative has applied UK student visa LEAVE TO REMAIN(extension) through agent from London and he got refusal with reason ''submitted CAS letter not genuine-In your application , you submitted a false CAS number'' and he got refusal under para.322(1A), of the immigration Rules. with future application 10 years banned

In above case wasn't any involvement of applicant but agent had cheated him and took £2000 for collage Admission and tuition fees.

after this student applicant has reported into police and fraud investigation team and appealed his UKBA decision through solicitors. can any one suggest in this case UKBA or tribunal will change decision because wasn't student applicants fault? for false representation to UKBA

please give your suggestion because 3 out of 10 solicitors gave hope for win appeal is this true?

Thanks in Advance..

[Deviser]

he got refusal under para.322(1A), of the immigration Rules. with future application 10 years banned

I think this kind of refusal does not carry 10 years direct ban. Its comes with 1 year direct ban and 2, 5, 10 years indirect ban with some conditions.

Anyhow, did he mentioned in application form that he is using any agent's services? Did he speak to the college and why did your friend do not visit the college to confirm when he got CAS from agent? Did he attend classes? If yes, than how can he do that on false CAS/enrollement, and, if he did not attend the classes how can he prove he is a genuine student?

Most of solicitor just want money. Now a days, they are just ripping-off student who are in same situation. I know a student who paid £8000 to solicitors and now going home with ban.

[gj6ab5657]

he got refusal under para.322(1A), of the immigration Rules. with future application 10 years banned

I think this kind of refusal does not carry 10 years direct ban. Its comes with 1 year direct ban and 2, 5, 10 years indirect ban with some conditions.

Anyhow, did he mentioned in application form that he is using any agent's services? Did he speak to the college and why did your friend do not visit the college to confirm when he got CAS from agent? Did he attend classes? If yes, than how can he do that on false CAS/enrollement, and, if he did not attend the classes how can he prove he is a genuine student?

Most of solicitor just want money. Now a days, they are just ripping-off student who are in same situation. I know a student who paid £8000 to solicitors and now going home with ban.

Thanks Deviser for the prompt reply ,
1) yes you are right about barred for re-application time period respectively 1,5,and 10 years but was solicitors word if even in writing very less chance to get re-visa before 10 years.

2) He hasn't mentioned in application form that he is using any agent's services

3) yes my friend went in the college but on the reception and principal has confirmed not been issued from college and even he hasn't attended class because agent was keep saying to him you no need to go attend class until your visa come back with stamp from UKBA he was completely mis-guided by agent and that's matter been reported in his police complain/fraud investigation team

how about chances to win appeal to First-tier Tribunal in this case?

[Deviser]

he hasn't attended class because agent was keep saying to him you no need to go attend class until your visa come back with stamp from UKBA

Whatever the agent said, how any student can believe that he do not need to attend classes even he paid for that course? Its clearly shows that he was just trying to prolong his visa and was not intended for study.

he was completely mis-guided by agent and that's matter been reported in his police complain/fraud investigation team

Than what police said? Did they arrested that agent or raid on his office or home? Did you sent any information to UKBA about that?

how about chances to win appeal to First-tier Tribunal in this case?

You can try but I am hopeless. The case has many flaws in student point of view.

The circumstances of the case are clear. May be student was misguided by agent, but student himself was not intended to be wise. He try to prolong his stay by 'anyway' and when refused, now trying to blame some agent.

The only thing which may help you is police investigation report (in your favour) + solicitor efforts, but in this case, their is a risk of some thousands of sterlings.

[gj6ab5657]

he hasn't attended class because agent was keep saying to him you no need to go attend class until your visa come back with stamp from UKBA

Whatever the agent said, how any student can believe that he do not need to attend classes even he paid for that course? Its clearly shows that he was just trying to prolong his visa and was not intended for study.

he was completely mis-guided by agent and that's matter been reported in his police complain/fraud investigation team

Than what police said? Did they arrested that agent or raid on his office or home? Did you sent any information to UKBA about that?

how about chances to win appeal to First-tier Tribunal in this case?

You can try but I am hopeless. The case has many flaws in student point of view.

The circumstances of the case are clear. May be student was misguided by agent, but student himself was not intended to be wise. He try to prolong his stay by 'anyway' and when refused, now trying to blame some agent.

The only thing which may help you is police investigation report (in your favour) + solicitor efforts, but in this case, their is a risk of some thousands of sterlings.

That's right Deviser I'm completely agree with you and even my shelf blame to my friend because he should not trust anybody for anonymous/unknown agent and even he is not been registered with ''The Law Society''

just for kind your knowledge police has taken all details from my friend but not hear from any thing about any progress or seems arrested any body let's see what happens further I'll post when any updates - Thanks for taking time for this reply

[gj6ab5657]

he hasn't attended class because agent was keep saying to him you no need to go attend class until your visa come back with stamp from UKBA

Whatever the agent said, how any student can believe that he do not need to attend classes even he paid for that course? Its clearly shows that he was just trying to prolong his visa and was not intended for study.

he was completely mis-guided by agent and that's matter been reported in his police complain/fraud investigation team

Than what police said? Did they arrested that agent or raid on his office or home? Did you sent any information to UKBA about that?

how about chances to win appeal to First-tier Tribunal in this case?

You can try but I am hopeless. The case has many flaws in student point of view.

The circumstances of the case are clear. May be student was misguided by agent, but student himself was not intended to be wise. He try to prolong his stay by 'anyway' and when refused, now trying to blame some agent.

The only thing which may help you is police investigation report (in your favour) + solicitor efforts, but in this case, their is a risk of some thousands of sterlings.

That's right Deviser I'm completely agree with you and even my shelf blame to my friend because he should not trust anybody for anonymous/unknown agent and even he is not been registered with ''The Law Society''

just for kind your knowledge police has taken all details from my friend but not hear from any thing about any progress or seems arrested any body let's see what happens further I'll post when any updates - Thanks for taking time for this reply

just updates:about above case- student has appealed his matter through Solicitor and got the appeal date next Tuesday 27/11/12 let see what happens in the court hearing will update after court decision.

[gj6ab5657]

Dear boards members & Guru's

Above topic regarding first tier tribunal judge has immigration(Leave to remain on student) and human rights appeals are dismissed

Is there any chance to appeal to upper tribunal and get success?

or he(with wife and one year old son) has to go back to India only one option?

Is there any advice so he can stay in the UK? please help.... Thank you in Advance.

[askhan]

no harm in trying luck. but this case is very weak. and evidence is all against to your friend....

[farhan984]

1. Student should get admission in a University at their campus and not through an agent unless agent is an authorized one.

2. Case is weak if the student had not filled Representative section in Tier 4 application form.

[farhan984]

I think this kind of refusal does not carry 10 years direct ban. Its comes with 1 year direct ban and 2, 5, 10 years indirect ban with some conditions.

I would agree with this.

[esic_sonia]

1. Student should get admission in a University at their campus and not through an agent unless agent is an authorized one.

2. Case is weak if the student had not filled Representative section in Tier 4 application form.

What he probably did was ... got CAS letter and filled the form himself.

[k77]

What kind of agent he was by telling your friend not to go to college.If you miss 10 contacts with the college, it is their legal duty to report that student to home office.

The case is very weak ,if he has not filled the representative section of the form.If the agent is registered with college or uni atleast your friend should complain to that college or uni about him for providing such a bad service on their behalf.

[esic_sonia]

What kind of agent he was by telling your friend not to go to college.If you miss 10 contacts with the college, it is their legal duty to report that student to home office.

The case is very weak ,if he has not filled the representative section of the form.If the agent is registered with college or uni atleast your friend should complain to that college or uni about him for providing such a bad service on their behalf.

Complaining about college or uni would still not help him. He can go back and apply again, if they have not banned him.

[gj6ab5657]

What kind of agent he was by telling your friend not to go to college.If you miss 10 contacts with the college, it is their legal duty to report that student to home office.

The case is very weak ,if he has not filled the representative section of the form.If the agent is registered with college or uni at least your friend should complain to that college or uni about him for providing such a bad service on their behalf.

Complaining about college or uni would still not help him. He can go back and apply again, if they have not banned him.

Thank you esic_sonia,k77,farhan984 and askhan
for your wonderful opinion in this thread


above case updates: Immigration and Asylum First-tier Tribunal has this students appeal been refused and dismissed-but he got permission to go The Upper Tribunal and he has appealed his case to The Upper Tribunal and one of well-known solicitors gave him hope to win his case but don't know whats happened afterwards will update in the forum further detail soon- another advantage for him he has 14 month UK born baby boy so solicitor will fight on UK child born way let us see but Thanks for reading this thread and will update any out come in this case

[gj6ab5657]

any suggestions? from experts views well-come for this thread

[Greenie]

Do you have a specific question?

[gj6ab5657]

Thanks Greenie for your reply, accordingly see whole situation from my first post this student which is my relative and after inquired out of 15 experts and solicitors very few(may be only 2 ) has replied for less chance get extension his visa allow through The Upper Tribunal with his first refusal but my curiosity is it worth to pay solicitor fees third time £1500? as he is younger than me and he always takes advice from me(accept he went wrong first place when his further leave to remain in the UK for extension his visa) and all this kind of situation occur.

[gj6ab5657]

Hi! to every one,

just upgrade some more details above case but don't know whats this mean> student has appeal to upper tribunal against decision from First tier tribunal and upper tribunal has given decision as below:
*The decision of First-tier tribunal does contain an error of law and the decision in respect of the appeal against removal is set aside.
*The matter is re-made as follows:''the appeal against a refusal to vary leave is dismissed. The appeal against the s47 removal decision is not in accordance with the law and appeal is allowed to that extent''

what's does this mean? does he have to re apply for appeal in the First-tier tribunal? or can he re-apply for his visa?

your advice will be highly appreciated.

[gj6ab5657]

Hi! to every one,

just upgrade some more details above case but don't know whats this mean> student has appeal to upper tribunal against decision from First tier tribunal and upper tribunal has given decision as below:
*The decision of First-tier tribunal does contain an error of law and the decision in respect of the appeal against removal is set aside.
*The matter is re-made as follows:''the appeal against a refusal to vary leave is dismissed. The appeal against the s47 removal decision is not in accordance with the law and appeal is allowed to that extent''

what's does this mean? does he have to re apply for appeal in the First-tier tribunal? or can he re-apply for his visa?

your advice will be highly appreciated.

Is there any ones opinion? please let us know
Thanks in advance

[Greenie]

If very simplistic terms it means as follows:

He lost the appeal in respect of being granted leave to remain under tier 4. If he wants to appeal this he would need to seek permission to appeal to the court of appeal. This is very difficult.

He won the appeal with respect to the decision to remove him from the UK (the section 47 decision). This is due to a technicality of ukba not properly legislating to make section 47removal decisions lawful. However this has now been rectified and the relevant legislation is now in force.

What is likely to happen, assuming no further appeals are successfully brought by either party is that either-

1) ukba will do nothing with the expectation that your friend will either make attempts to leave the UK voluntarily

Or

2)
They will make another decision to remove him from(possibly if 1) fails. This will attract another right of appeal.

[gj6ab5657]

If very simplistic terms it means as follows:

He lost the appeal in respect of being granted leave to remain under tier 4. If he wants to appeal this he would need to seek permission to appeal to the court of appeal. This is very difficult.

He won the appeal with respect to the decision to remove him from the UK (the section 47 decision). This is due to a technicality of ukba not properly legislating to make section 47removal decisions lawful. However this has now been rectified and the relevant legislation is now in force.

What is likely to happen, assuming no further appeals are successfully brought by either party is that either-

1) ukba will do nothing with the expectation that your friend will either make attempts to leave the UK voluntarily

Or

2)
They will make another decision to remove him from(possibly if 1) fails. This will attract another right of appeal.

Thanks ''Greenie'' for your Determination now I got mean of what's the Upper Tribunal judgement

Appreciate for your reply
Thank you.

[gj6ab5657]

Hi! to all who knows all previous history in this case:
Once again little updates and curiosity about what happens next? or any ways applicant can stay in the UK legally?

first tier tribunal had refused to leave to remain in the UK but given permission to appeal to upper tribunal and Upper tribunal has suspended his leave and given permission to court of appeal, he has applied through solicitor to get permission to apply for court of appeal and been rejected again based on ''application is out of time'' but given another 14 days to re-submit application to court of appeal.

what percentage chances to win this appeal in the court of appeal - solicitors hoping will get positive response and if not than

does any one have any Idea about human rights ground UK born baby after how many years can parents apply for asylum?
or any example or similar case any one knows who got leave to remain in the UK?



any suggestion will be appreciated.

[gj6ab5657]

Hi! to all who knows all previous history in this case:
Once again little updates and curiosity about what happens next? or any ways applicant can stay in the UK legally?

first tier tribunal had refused to leave to remain in the UK but given permission to appeal to upper tribunal and Upper tribunal has suspended his leave and given permission to court of appeal, he has applied through solicitor to get permission to apply for court of appeal and been rejected again based on ''application is out of time'' but given another 14 days to re-submit application to court of appeal.

what percentage chances to win this appeal in the court of appeal - solicitors hoping will get positive response and if not than

does any one have any Idea about human rights ground UK born baby after how many years can parents apply for asylum?
or any example or similar case any one knows who got leave to remain in the UK?



any suggestion will be appreciated.

No any reply from court of appeal yet.

[gj6ab5657]

Continue from previous history....

Hi! to everyone,

briefing: UK student visa LEAVE TO REMAIN(extension) through agent from London and he got refusal with reason ''submitted CAS letter not genuine-In your application , you submitted a false CAS number'' and he got refusal under para.322(1A), of the immigration Rules.

In above case wasn't any involvement of applicant but agent had cheated him and took £2000 for collage Admission and tuition fees.

after this student applicant has reported into police and fraud investigation team and appealed his UKBA decision through solicitors.

~first tier tribunal judge has immigration(Leave to remain on student) and human rights appeals are dismissed but he got permission to go The Upper Tribunal and he has appealed his case to The Upper tribunal

Upper tribu. judgements: *The decision of First-tier tribunal does contain an error of law and the decision in respect of the appeal against removal is set aside.
*The matter is re-made as follows:''the appeal against a refusal to vary leave is dismissed. The appeal against the s47 removal decision is not in accordance with the law and appeal is allowed to that extent''

Upper tribunal has suspended his leave and given permission to court of appeal, he has applied through solicitor to get permission to apply for court of appeal and been rejected again based on ''application is out of time'' but given another 14 days to re-submit application to court of appeal.

Court of appeal judgement remains the same it means refused permission to leave

Now wondering to ask you main question is -solicitor has advised to make a new file for FLR(FP)- based on family & private life in the uk as he got baby born in the uk and he is 2 years old now

what are the chances to get visa or any other outcomes either positive or negative please

[lankool86]

I need an urgent honest legal advice.my story goes:

I came to d uk october 2007 on a student visa at london mwtropolitan university. I started and completed my international foundation course in 2008.then applied to extend my visa in 2008 to begin my llb law course still at same university. UUnfortunately wen my visa was extended in march 2009.I was suspended from uni cos I fell into financial crises for a year and half.

Furthermore, my parent financial crises ended and paid all tuition fees owed and returned back to university in september 2010. However in 2011 I put in fresh application to extend it in other for me to complete the course but was refused in december 2011 cos I submitted a scanned copy of my parent bank statement in support of my application. I appealed and that too was dismissed .

It was at this stage I sort for a legal advice which unfortunately screwed up my case further in which the solicitor adviced me wrongly and put in for discretionary leave which was during the london metropolitan university licence fiasco.This took the ukba a year to make a decision which was also refused on d grounds dat if I was to be granted it will be unfair to other applicants who applied for discretionary leave on same grounds but refused.

Moreover, it was at this junction, I went to d advice bureau to seek help which they refered me to a highly recommeded solicitor firm then a judicial review was done on my behalf. Unfortinately this as well got refused last 2 weeks.my solicitor therefore said he was goin to wtite to tge UKBA for reconsideration and also gonna put in request for appeal.

I want to know if this is a right step to take and seekin help to kbow what my other possible options are as I just got only one semester left to complete.

I will like to state here dat by October 2014 will be my 7th year I have spent in the UK..I think there should b a way round this cos I cant go bak home without completing my studies.This is because all d monsy I have spend including maintenance as well as tuition fees is rounding up to 60,000£ and if returned home I have to start from year 1 that means money nd time wasted. My attendance so far in university before this visa problem has been very satisfactory so I see no need for them nt to allow me complete it.

I also have an health problem which i am thyroid patient with multiple scoliosis and chronic asthmatic which d specialist recommends a yearly check up on me. I dont know if dis as well will help

Hope to have a positive and quik honest advice as soon as possible.Thank you.