Urgent Case Student visa refusal with NO right of appeal
May 30, 2013 at 5:38 pm #776
I have wrote down my case in clear timeline below , any help or advice is much appreciated:
2009- October 2012: Student visa for BSc London metropolitan university
September 2012 : Made my application to UKBA with offer MSc City University London and in payment option, Wrote down my direct debit account info (Natwest with always having minimum £500 of balance) with my father’s bank statement from IRAN (EnBank)
November 2012: All documents were sent back to me due to the fact payment didn’t go through, so i sent them again , this time with a cheque
February 2013: They asked me to send them a new version of a Tier 4 form which has been changed in October 2012. I asked my university to send the form with a letter stating that my tuition fee £13,000 has been paid in full with a new and updated CAS. University suggested I send them a new bank statement with the form from my father account who sponsored me in the past years. Therefore the attached a letter to my form saying my statement will be sent in few days.
February 2013: I received my father’s new bank statement (with 4 months of transaction history and also showing he has enough money to support me) and handed in to my university asking them to send it.
May 2013: University received the decision from UKBA refusing my visa request with no right to appeal (because I have over-stayed more than 90 days) and the problem is that in the letter they mentioned 5 times that the bank statements are dated and the latest date is 25 October (from my first application) and also my father’s bank is on the list of unauthorized according to the UK (due to sanctions against Iranian banks).
University is refusing to show me any evidence (post receipt or anything) that they have sent them my second bank statement!
I have finished all my classes and exams (except 1 in august ) But I have to work on my dissertation in the next 6 months, otherwise my Masters would not worth anything.
Is there a ways that I make a fresh application? (maybe a 6months tourist)
is there a way to complain against university not delivering my second statements to UKBA?
is there a way to sue university or refund my fee because originally they did not transfer my documents ?
is there any way I can just finish my Masters and leave the UK?
I have already called the voluntary leave department (because it was on letter if I dont , they will REMOVE me from country, I find this very offensive and inhumane!)
Thank you very much in advance for any help or advice,
you can contact me on the phone as well since my case is very urgent! 07521333959May 31, 2013 at 9:53 am #779
You have been trapped in a very sadly common situation. There are several aspects to your matter so I will try and break them down for you into manageable sections.
Regarding the university – you may well have a claim against them for failure to meet their duty of care to you. If indeed they had promised to send the required information and had failed to do so there is a potential claim for damages there which could amount to the equivalent of your course fees plus interest and loss of opportunity. However I would not be surprised if they have a clause somewhere in their terms of service that protects them against such claims where they distance themselves from liability in relation to immigration applications. Notwithstanding such a clause they cannot limit liability where the failure was their’s alone in replying to the UKBA. I would like to see the documentation before giving you specific advice about this.
As regards the UKBA situation the problem you have is, as stated above, all too common. There are 2 potential approaches to this situation. One is by an application by way of Judicial Review to the High Court. That will take time and within that time you may find that you have concluded your studies in any event. The second alternative is to exit the UK and apply for re-entry either as a student, that would require a new CAS number, or as a visitor to sit exams. The Tier 4 guidance clearly states that they do not normally give a Tier 4 visa for dissertations and writing up because that can be done from abroad. Therefore the option of obtaining a fresh Tier 4 may not be realistic. I would however have considered that the option of obtaining a visitors visa to simply return to the UK to submit your dissertation etc would have a better prospect of success.
Feel free to contact me if you wish to discuss further – http://www.solicitorsfirm.com 02084017352
cmAugust 3, 2018 at 10:17 am #3292
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