Visa Refusal

[jpamela]

i was refused a visa because the bank certificate that i submitted was not genuine..i had a consultancy who processed my bank cert in order to expediate the process of obtaining pertinent bank document but they did not deposit the amount that i had them deposit..i was so stupid to believe that the bank document that they presented to me was genuine..what should I do, should I file for administrative review or should I file a fresh application? if I file for an administrative how can I state that the decision was incorrect where in fact it was not incorrect it was just that I do not have knowledge that the document was not authentic. what i fear now is in my refusal letter it was stated that my future application MAY attract an automatic refusal of 10 years because i was refused under paragraph 320(7A)..Is it possible to file an administrative review just to make an appeal that my future application will not merit an automatic refusal?

if i will file for fresh application with genuine bank cert would that still merit an automatic refusal of 10 years? would it help if i will include in my new application all the affidavit of complaints that i will be filing against those who misled me about the authenticity of my account just to prove that it was not my intention to submit a false document? please enlighten me on what to do..thanks

[7by7]

Which country? Your reference to Para 320(7A) makes me suspect it's the UK.

The applicant is responsible for everything in the application.If a consultancy provided you with a false document and you accepted it without checking, then I'm afraid that the fault lies with you; see the declaration on the application form which you signed.

All you can do is apply again, this time submitting genuine documents and an explanation of what happened last time. Maybe the ECO will accept your explanation.

And don't use that consultancy any more!

[stament]

What's a bank certificate? Do you mean bank statement?

[the scouser]

On the assumption that it is the UK in which you intend to study, I'm afraid I'm of the opinion that it's not worth wasting your time and money on either an admin review or a re-application.

Tier 4 visa refusals do not carry a statutory right of appeal, only, as you say, an administrative review, which means that the decision is looked at again by a different Entry Clearance Manager. As, by your own admission, counterfeit documentation was submitted in support of your application, the reviewing ECM cannot possibly come to a different conclusion. Indeed, one would think that as you will have had to have made the application at the visa application centre in-person, you would have looked at the papers the agent had prepared on your behalf and have identified the bank certificate as bent; i.e. you had the opportunity to not submit the application and obtain a genuine bank certificate that properly reflects your financial position, but chose to proceed regardless.

Paragraph 320 of the Immigration Rules states, insofar as it is relevant:-

Grounds on which entry clearance or leave to enter the United Kingdom is to be refused....

(7B) ...where the applicant has previously breached the UK's immigration laws by:

...(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);

unless the applicant:

...(ii) used Deception in an application for entry clearance more than 10 years ago...

You will note the imperative in the opening sentence; i.e. grounds upon which entry clearance is to be refused. In other words, the ECO is obliged by law to refuse any subsequent application you make within ten years on the basis of this deception that has been perpetrated. It is feasible to have accusations of deception withdrawn, thereby facilitating a subsequent re-application without threat of refusal under 320(7B), but in such a cut-and-dried instance as this, the chances are highly unlikely.

You're not the first to have had their life ruined by a soi-disant, unregulated adviser with no real knowledge of UK immigration law, and whilst some people persist in the belief that such companies' guarantees of 100% per cent success are genuine, you won't be the last.

Scouse.

[7by7]

What's a bank certificate? Do you mean bank statement?

From Checklist – General/Adult Student Visa (PBS Tier 4)

Evidence of any outstanding course and accommodation fees and required maintenance funds as specified in the points based system policy guidance. For example bank statement, fixed deposit certificate, letter from your bank, bank book.

(My emphasis)

[ThaiVisaExpress]

I t would be interesting to know who prepared the application.

[theoldgit]

^^^^

Indeed, it's just a pity he will not be allowed to name and shame.

Just proves how important it is to use an accredited agent.