Monday, March 23, 2015

VISA REVIEWS AND APPEALS - A SUCCESSFUL REVIEW DECISION

Unofficial Review in 2007 To UK embassy in Colombo against a Student Visa Refusal

The 2nd Secretary, Immigration.
British High Commission.
Colombo.

Dear Sir,
                  Report a Genuine Mistake in the Refusal for a Quick Review

As a registered recruitment agent/consultant of the North East Wales Institute of Higher Education (NEWI) - a full member of the University of Wales, we have counseled a total of six (6) students for January 2007 entry. Five(5) of these students have had their visa's granted, thanks to BHC Colombo, but this student had his visa's refused. Both NEWI and we firmly believe that this student is a genuine candidate, and possess the ability and intentions to study in the UK at Master's level as prayed in his application.

We therefore humbly request that you re-consider the reasons behind your visa refusal for this student at your earliest convenience.

REFUSAL NO     :--   COL  / 2449XX
FULL NAME       :--   J B Anuradha K Bandara
PASSPORT NO   :--   N 14122XX

01.      Dear Sir, The ECO's Refusal mainly based on the fact that he was " not satisfied about the funds shown are sufficient for 1-year study in UK."

The applicant has shown £ 7515, other than the amount already paid to NEWI £. 6450  ( Its together £. 13,965). Unfortunately, by mistake, the ECO has NOT CONCERNED OR NOT SEEN the total amount paid to the NEWI, £. 6450  (Please Refer, Sections 7 & 9 of the Covering Letter) The position was already mentioned in the NEWI's Unconditional Offer Letter too. 

02.      The ECO also was not satisfied about " Why the applicant chosen MBA, how MBA will benefit his future, whether the expenditure match with his economical circumstances."

We, believe that, may be the ECO has not seen explanations in the Covering Letter as it was pages long.  (Please Refer, Sections 4 & 8 of the Covering Letter)

Dear Sir, we humbly request you to re-consider your ECO's decision and grant Student Visa for this Student Applicant.


  Result -- Review was allowed / Student Visa Granted

VISA REVIEWS AND APPEALS - RANJANI'S FAMILY VISIT VISA APPEAL



APPEAL BEFORE AIT BY SENIOR SOLICITOR, SFA


SECTION 03 D :GROUNDS OF APPEAL

 IN THE FIRST TIER TRIBUNAL (Immigration and Asylum Chamber)

                                             BETWEEN

                                             M. RANJANI
Enterprizes, Galle Road, Molligoda, Sri Lanka.


APPELLANT
                                                                                                                     

                                               AND

Entry Clearance Officer Chennai Visa Section British High Commission Sri Lanka.
                                                                                               

 RESPONDENT


GROUNDS OF APPEAL


1 I, the Appellant hereby appeal against the Decision dated 11/01/2012 (12/01/2012 as per the passport seal) made by the Entry Clearance Officer( The ECO ), Chennai Visa   Section, British High Commission, Sri Lanka. 
(Post References: Chennai / 134xxxx)

2 .I, the Appellant appeal under the grounds specified below ;

GROUNDS OF APPEAL

A. The ECO’s decision is not in accordance with the Immigration Rules
           
B. The ECO’s decision is otherwise not in accordance with the Law.

C. The ECO should have exercised differently, a discretion conferred by.

3.  I, the Appellant, a Sri Lankan National living in Sri Lanka, applied for the 1st time, for Family Visit Visa to visit my Daughter and her family in the United Kingdom.

4. My application for Family Visit Visa was refused without any valid reason
under UKImmigration Law and thereby my Human Rights were disregarded.

5 . The ECO’s refusal has NO VALIDITY underUK Immigration Rules.

6 I the Appellant respectfully submit and present this appeal and say that…………………………..

7 .I, the Appellant’s entry clearance application was refused on following   
findings of the ECO as his refusal reads

8. I the Appellant would like to forward my explanations as how the ECO was wrong in his findings and made injustice to my Family Visit Visa application to see my Daughter, Granddaughter & Son-in-Law in UK……………………………………………………………………………………

·         The ECO’s decision was a mere presumption ………………………………….
·         I cannot understand why the ECO could not see these explanations and facts in my Cover Letter, unless one read in blind eyes.
·         That decision by ECO, completely out of the Immigration Laws.
·         The ECO’s decision is completely Bad in Law.
·         It is obvious that a Tenant is not legally entitled to sublease or sublet a room of the rented property but there’s no Rule, Regulation or Law according to UK housing regulations or any other Laws to say that ‘One must have the written permission from the Land Lord to let your mother stay in a VACANT ROOM in your Leased property.’
·         It is unfair by the ECO to say in this way.


09. ECO’s Decision is Purely a Mistake and BAD in LAW

·         Apart from above mentioned facts to say that the ECO was wrong in his findings and conclusions, there are more facts to say that the ECO was VERY POOR on assessing my application.
·        
10. VIOLATION OF HUMAN RIGHTS of the Appellant
·         It is regret …………………………………………

13. The Appellant rely on further arguments such as ;
a.     The ECO has made an error by ………………….
b.    The decision was otherwise not accordance……………….
c.    The ECO should have called for further evidence
d.    The ECO’s decision is thereby “Bad in Law


M. RANJANI
APPEAL BEFORE AIT BY SENIOR SOLICITOR, SFA


SECTION 03 D :GROUNDS OF APPEAL

 IN THE FIRST TIER TRIBUNAL (Immigration and Asylum Chamber)

                                             BETWEEN

                                             M. RANJANI
Enterprizes, Galle Road, Molligoda, Sri Lanka.


APPELLANT
                                                                                                                     

                                               AND

Entry Clearance Officer Chennai Visa Section British High Commission Sri Lanka.
                                                                                               

 RESPONDENT


GROUNDS OF APPEAL


1 I, the Appellant hereby appeal against the Decision dated 11/01/2012 (12/01/2012 as per the passport seal) made by the Entry Clearance Officer( The ECO ), Chennai Visa   Section, British High Commission, Sri Lanka. 
(Post References: Chennai / 134xxxx)

2 .I, the Appellant appeal under the grounds specified below ;

GROUNDS OF APPEAL

A. The ECO’s decision is not in accordance with the Immigration Rules
           
B. The ECO’s decision is otherwise not in accordance with the Law.

C. The ECO should have exercised differently, a discretion conferred by.

3.  I, the Appellant, a Sri Lankan National living in Sri Lanka, applied for the 1st time, for Family Visit Visa to visit my Daughter and her family in the United Kingdom.

4. My application for Family Visit Visa was refused without any valid reason
under UKImmigration Law and thereby my Human Rights were disregarded.

5 . The ECO’s refusal has NO VALIDITY underUK Immigration Rules.

6 I the Appellant respectfully submit and present this appeal and say that…………………………..

7 .I, the Appellant’s entry clearance application was refused on following   
findings of the ECO as his refusal reads

8. I the Appellant would like to forward my explanations as how the ECO was wrong in his findings and made injustice to my Family Visit Visa application to see my Daughter, Granddaughter & Son-in-Law in UK……………………………………………………………………………………

·         The ECO’s decision was a mere presumption ………………………………….
·         I cannot understand why the ECO could not see these explanations and facts in my Cover Letter, unless one read in blind eyes.
·         That decision by ECO, completely out of the Immigration Laws.
·         The ECO’s decision is completely Bad in Law.
·         It is obvious that a Tenant is not legally entitled to sublease or sublet a room of the rented property but there’s no Rule, Regulation or Law according to UK housing regulations or any other Laws to say that ‘One must have the written permission from the Land Lord to let your mother stay in a VACANT ROOM in your Leased property.’
·         It is unfair by the ECO to say in this way.


09. ECO’s Decision is Purely a Mistake and BAD in LAW

·         Apart from above mentioned facts to say that the ECO was wrong in his findings and conclusions, there are more facts to say that the ECO was VERY POOR on assessing my application.
·        
10. VIOLATION OF HUMAN RIGHTS of the Appellant
·         It is regret …………………………………………

13. The Appellant rely on further arguments such as ;
a.     The ECO has made an error by ………………….
b.    The decision was otherwise not accordance……………….
c.    The ECO should have called for further evidence
d.    The ECO’s decision is thereby “Bad in Law

M. RANJANI


APPEAL WAS LODGED AFTER PAYING THE FEE WITHIN FEW DAYS, RANJANI RECEIVED A LETTER FROM CHENNAI APPEAL SECTON. THEY OVERTURNED THEIR DECISION. VISIT VISA GRANTED

VISA REVIEWS AND APPEALS - KAUSHALYA'S 10 YEARS BAN REMOVED AND GRANTED STUDENT VISA.

Refusal of Kaushalya’s T4 Application together with her Husband’s Work Permit

Mine        : Chennai / 12174XX
Husband:  Chennai / 12174XX

“The documents you have provided do not demonstrate that you are in possession of the required level of funds because:

·         The HNB loan letter dated 17/01/11 you have presented has been subject to verification checks as per a document verification report, and it has been established that the loan was disbursed on the same day and there is no evidence that you are in possession of the Funds.

         I am therefore not satisfied that you have achieved 10 points under  paragraph 10 to 13 of Appendix C and the meet the requirements to be granted entry clearance under Tier 4 (General) Student. I therefore refuse you application under paragraph 245 ZV(c) of the Immigration Rules.”

In your application you submitted an HNB Loan Letter. I am  satisfied that the letter constitute false representation because verification checks have confirmed that the loan was disbursed on 14.01/2011 before you submitted your application on 24/01/201l so did not represent an available loan when you applied for entry clearance. There is no evidence that you are still in possession of these funds. As false representation have been made in relation to your application, it is refused under paragraph 320(7a) of the Immigration Rules.Any future application will also be automatically refused for the same reason under paragraph 320(7b) of the Immigration Rules HC 395(as amended) until 24.02.2021 unless a concession applies.


KAUSHALYA & HER HUSBAND WERE BAN FOR 10 YEARS BY UKBA SFAPEPARED the Administrative Review to Chennai



2.1Maintenance :Why do you think a mistake was made ?

·         My humble position is that the ECO has made a Mistake whenconsidering my application under section 320 (7a).
·         I was offered 30 points for the Visa Letter but 00 points for my maintenance.
·         The ECO has commented in following manner as per his findings.


General Grounds for Admin Review

                                       
a.    Amount required to show

·         I have applied for Glyndwr University Bachelor Degree with Pre Sessional English Course.My English Course was £5,000 & Degree 1st year was £6,450.

·         Earlier I have prepared my funds for Rs.2,500,000 for 28 days but University asked me to show £11,450 which is 2 years fee.
·         Then my student consultant advised me to show the remaining Rs.700,000.00 by a student loan.
·         After obtaining the student Loan, I withdrew that money and on the same day 14/01/2011 I deposited the same in my savings account at Multi-Purpose Co-operative Society Ltd

b.    What is the result of ECO’s Decision under 320 (7a) ?

·         The ECO has taken a harsh decision on me stating that I have furnished false information in my application when there’s no money in the student loan account.
·          This led to suspend me to apply for UK Visa for next 10 years till 24.02.2021.
·          My Husband’s application too was refused for the same reason and he too was banned for 10 years.


c.     My Request Now ?

·         I am not begging your mercy ………….
·         My main purpose of this Review is to establish the fact that I did not make false document ………….
    If I wanted ……….
·         But instead I have chosen the prestigious Glyndwr University for my higher education ………….
·          Isn’t this show how genuine me and my intention to complete my Degree.
·         Sir, it is true that I have done a wrong thing. ………….
·         But Sir, Isn’t there any ground for you to reconsider ………
·         I am still 19 years and long way to go………
·         Glyndwr will accept me for next September Intake ……..


My humble request to you;

a.     You may punish me refusing my student visa ……….

b.    You may accept my reasons and remove my banning order……….

c.      And also you may remove Banning orders against my husband too.

It’s a Great Victory that Chennai Visa Section REMOVED the Banning Order and Allowed both Kaushalya and her Husband UK Visas.

CHILAW,SRI LANKA

Visa Services
British Deputy High Commission
20 Anderson Road
Chennai
600 006


7th May 2011
Ref: 1217XXX
Tel      +91 44 4219 2151
Fax     +91 44 42192320
EmailChennai.Adminreview@fco.gov.uk
Web www.ukba.homeoffice.gov.uk/visas
DearKaushalya,

Administrative Review under the Points-based System (PBS)

I apologise for the time take to respond to your request. We do aim to complete all requests for Administrative Review within 28 days of receipt and I regret that we have been unable to meet our target and your expectations in processing your request.

You applied for entry clearance to the United Kingdom under Tier 4 of the Points Based System.  Your application failed to meet the qualifying criteria and was refused on 24/02/11. Your request for Administrative Review, dated 18/03/11 was received on 21/03/11. 

I have reviewed your application and the decision to refuse your entry clearance and I have overturned that decision.  I am satisfied that the loan letter submitted technically met the requirements of the published guidance and whilst the amount had been disbursed prior to submitting your application I am satisfied that false representations were not deliberately employed.   

Please submit your passport to the VFS office you submitted your original application. 


Yours sincerely,

G Dodgson

Administrative Reviewer

SFA Protect International Students -- FINAL GRADE AND UNFAIR FAILURES

From: Sira, No FreedomUniversity, Australia
Date: Mon, Jul 14, 2014 at 1:19 PM
Subject: AMC – FINAL GRADING
To: Student

Dear Student

Please kindly note that, after University Moderating marks for courses followed this semester, they have reduced marks for below subjects.
And you have to repeat these subjects to complete your Program.

Accounting for Managers -   
48%
Strategic Human Resource Management -  
46.5%

If you would like to appeal against marks moderated, you should submit your appeal form before 16.07.2014 (Wednesday). (appeal form attached)
Otherwise we won't be able to process your appeal.


Regards,
Sira

This type of NOTICE for Final Grading is BAD IN LAW.
No details for marks reduced &Correct time not given to appeal.
This is a real HARRASMENT.

REMEMBER, Rights of this student to discuss the issue with the Lecturer & Course Coordinator was NOT ALLOWED. Student was treated BRUTALLY giving just less than 35 HOURS to Appeal.

Our CEO, Senior Solicitor handled this case, against the No Freedom  University, Australia and they did not accept their error until the case was heard before the Ombudsman. Finally No Freedom University admitted their Wrong Decision and given UNLIMITED TIME to file a Fresh Appeal.


SFA Protect International Students -- PLAGIARISM & ACADEMIC INQUIRIES


PLAGIARISM & ACADEMIC INQUIRIES
Academic Misconduct of the Student
RE : CHARGES SHEET RECEIVED BY THE STUDENT 


Dear Ms.Kanchi

ACADEMIC MISCONDUCT - COMMITTEE OF ENQUIRY

It has been brought to the attention of the Superintendent of Examinations that there is a prima facie case of academic misconduct in regard to work submitted for the module Dissertation BUS737.

The allegation is that you have submitted work for the above module which contains a significant amount of work copied from various internet and other sources.

The Superintendent of Examinations has reviewed the work with the Programme Team and they have agreed that it constitutes a major offence as defined by the Academic Misconduct Procedure. In accordance with paragraph 5.3 of the procedure a Committee of Enquiry will be convened to consider the allegation. You will be advised of the date and venue of the hearing in due course.

I enclose a copy of the Academic Misconduct Procedure. Documentation pertaining to your case will be forwarded to you shortly. As this will be sent via email, I should be obliged if you would as a matter of urgency, confirm to me, the email address to which you wish to receive this information.

Please contact me if you have any queries relating to this matter.

Yours sincerely

Ms.Rice

SECRETARY TO THE COMMITTEE OF INQUIRY


STUDENT’S EXPLANATION TO US

After I passed my 1st step in my Masters degree I had to enrol with the University for my Dissertation. The enrolment date was 5th of Oct 2011. But that date I couldn't enrol for my dissertation because I had an outstanding balance to pay to university. But after 2 or 3 weeks I was able to pay my outstanding and enrolled with University to submit my dissertation in January. After my enrolment the University allocated a dissertation supervisor to me. My supervisor was Mrs Green which has a very bad reputation among all international students. Because I started late I really had a tough time. And my supervisor also keeps me pushing back. She always advised me to submit my work in May. By the time I realized that my supervisor really doesn’t want me to pass my dissertation this time. Because she was always commenting on my dissertation.

Appeal CEO forwarded in student’s name

Kanchi

2, XXXX ROAD,XXXXXXUNITED KINGDOM


THE ACADEMIC REGISTRAR


Gladiator University

Dear Sir,
RE: APPEAL AGAINST THE ACADEMIC MISCONDUCT

I would like to tender my appeal for your kind perusal and as accordance to the procedure laid down in the ‘Academic Misconduct Procedure’ of the Gladiator University which was given to me with your decision.

MY GROUNDS OF APPEAL
  1. A.   Irregularities and Non Compliance in the conduct of the Academic Misconduct Procedure by the Committee of Inquiry.
  2. B.   Exceptional personal circumstances which were not    known to the Committee of Enquiry when my case was considered and which can be shown to be relevant to the academic misconduct inquiry.
  3. C.   Fair Opportunity was Not Given to prove my innocence.
         1. SUPPORTIVE FACTS TO PROVE THAT THE PROCEDURE FOLLOWED AND
        taken place in my inquiry…………………

        B.  MY HUMBLE APPLICATION

a.  I am confident that ……………….
b.  I am aware that, I am now coming out with a serious allegation…………………..
c.   If I get a chance to re sit or Re-Submit my Dissertation I am most happy to ………………..
d.   I love Gladiator and I do not want to spoil its great spirit ……...
e.   If there’s no avenue for you to consider this on special circumstances for an amicable settlement, ………………….
f.    You may consider my Grounds of Appeal and let me know the further steps in this regard.

 C.   a. I have been in this University over a year and keeping a Very Good record of attendance and having undisturbed student life.

b. All I want is to get my MSC Management ………..
c. If there’s a way, I want you to consider …………...

Thanking You,

Yours Faithfully,

Kanchi

GLADIATOR UNIVERSITY DECISION TO OFFER “PG MANAGEMENT DIPLOMA” CONSIDERING THE APPEAL SAVING THE STUDENT OF A COMPLETE EXCLUSION.

Dear Ms. Kanchi,

Academic Misconduct-Committeeof Enquiry-2ih April 2012

I am writing in order to advise you formally,on behal fo Gladiator University of the finding so if the Committee of Enquiry held on 27thApril,which consideredan allegation of academic misconductin regard to the work that you submitted forth emodule BUS737Dissertation.

The findin go fthe Committee of Enquiry was that the allegation ofacademic misconduct(vizparagraph2.3.1section(i)oftheUniversity's Academic Misconduct procedure)against you was substantiated.

TheCommitteeof Enquiry resolved unanimously that the penalty imposed should be asse to utunder Section 5.3.23 of the Gladiator University AcademicMisconduct Procedureparagraphs(i)and(iii):




1.The issue of a formal reprimand to the candidate,awritten record of which shall be kept.

2.The cancellation of the candidate's marks in whole for BUS737 with no opportunity to resubmit. You will,there fore,exit the MSc Management program but considering the Facts and materials you have brought up in the appeal papers, the University has decided to award you the Post Graduate Diploma in Management.

In accordance with the procedure,Iam conveying the above information tot he Chairof the Assessment Boardconcerned.

Yours sincerely

 Academic Registrar 

Gladiator University