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 1^st 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