My Tier 4 Student Visa Application Has Been Refused Under Paragraph 320

[honey26]

My tier 4 student visa application has been refused under paragraph 320(7A). A CAS statement I lodged in is stating 'you have been awarded for international scholarship package which includes your tuition fee and accommodation'. I was asked to attend an interview and more than once, I told the ECO there was no scholarship and all the cost are being borne by me. I rang my university afterwards and was confirmed this is a 'partial scholarship' package and I have been granted a discount on my tuition fee and free accommodation. I was unaware of this and I did not receive any formal letter from the university to explain this is a partial scholarship package. Furthermore, I hired a solicitor to help me along with the student visa application and she did not spot the error either. Anyway, I am going to apply for application of administrative review with a letter from university to confirm that I gave an unknowingly false representation. My question is will the administrative review quite straight forward? What else do I need to lodge in with the application of administrative review? My solicitor is quite confident with the whole process and even mentioned to apply for judicial review if they respond is not satisfactory. She seems confident to overturn the refusal decision and I will be issued entry clearance. But I rather re-apply for a fresh student visa application if the ECM does accept me gave unknowingly false representation but the refusal still stand. Any suggestions would be appreciated.

[7by7]

Where is this solicitor that you speak of? In the UK or Thailand. It does seem odd to me that what appears to be an elementary error was not spotted by a competent adviser.

All I can suggest is that you get confirmation from the university that the CAS was incorrect and what the actual situation is and submit this with your appeal.

If your adviser is not qualified and regulated in the UK then you may want to consider changing them for one who is.

[ThaiVisaExpress]

It seems very strange is your solicitor is UK based ?

Edited August 16, 2010 by ThaiVisaExpress

[Eff1n2ret]

"But I rather re-apply for a fresh student visa application if the ECM does accept me gave unknowingly false representation but the refusal still stand."

The trouble is that any new application may be refused under Para 320 7B "..the applicant has previously breached UK immigration laws by (d) using Deception in an application for entry clearance..... (whether successful or not)", and then you're banned from further applications for 10 years. I suspect you have little choice but to fight the decision on the current application.

[honey26]

My solicitor is UK based. I dont think she has gave me any professional advise at all, that is why i turn to here. I really dont know whether i should go for a administrative review first then apply for a fresh application or apply for for a new application straight away?

[7by7]

As Eff1n2ret says, any new application within the next 10 years is likely to be refused as they believe that you used deception in this one. Para 320(7A) of the immigration rules states "whether or not to the applicant's knowledge" so saying that you were unaware of the misinformation in this application will probably not be enough for any future application to be successful; you need to have this refusal reviewed.

As you were refused under Para 320(7A) then that refusal will stand, but if the review accepts that the false information was presented without your knowledge then Para 320(7B) will not apply to any future applications you may make. See Annex 4 of this document for the procedure; particularly paras 26 to 28.

Remember that you only have 28 days from the date of the refusal in which to submit the request for a review, so you need to act quickly.

If you are unhappy with the advice you have received from your professional adviser, then all I can suggest is that you look for another one.