NVQ student wins visa appeal at AIT

NVQ student arrives in London after winning her appeal at the AIT (Asylum and Immigration Tribunal) against her 2007 entry clearance refusal in Manila. 

The Filipina student appealed to the AIT after Entry Clearance Officers at the British Embassy Manila refused her student visa because they did not believe she was coming to the UK to study, and that the NVQ in Health and Social Care she was taking at Majestic College in London was below her Filipino Masters Degree.  

The refusal came as a complete shock since she had twice visited family in the UK and on both occasions fully complied with the terms of her visit visa. 

On her last visit in 2007 she decided that she would like to study in the UK for a National Vocational Qualification (NVQ) in Health and Social Care at Majestic College, as this would improve her career prospects at home or abroad. 

After returning to the Philippines, to apply for her student visa and submit her VAF and documents, she was refused (under paragraph 57) without being interviewed or given the opportunity to explain her intentions. 

She tried to visit the British Embassy in Manila to talk to an Entry Clearance Manager and explain her position, but was turned away.

She instructed appeal specialists Bison UK to represent her and prepare her ’skeleton argument’ and ‘bundle’. Bison UK’s appeal specialist Jerry Turner refuted the ECO’s “unsubstantiated and wild” claims before Mr RBL Prior, an Immigration Judge, on 30 January 2009. 

He pointed out that if she had intended to overstay she would have done so on her “two previous visits”, and that she was entitled to change course or career regardless of the level of study. 

At the appeal hearing in Hatton Cross the independent judge considered the evidence before him, listened to the arguments and allowed the appeal stating in his determination that the “decision of the Respondent appealed against was not in accordance with the law and the Rules”. 

Judge Prior noted that she had not overstayed in 2003 or 2007 and accepted her letter of appeal in which she stated: 

“If my intentions were not genuine, and I am just after work, I should have just overstayed there. 

“My intention for my application for a student visa is purely to gain an internationally recognised qualification in the field of care which I believe I could utilise in the future”. 

She has proved that she fully intends to follow the NVQ course and study by attending Majestic College the very next day after arriving in London.

If you need any immigration advice or an appeal against a refusal please email:  

info@immigrationmatters.co.uk  or visit www.immigrationmatters.co.uk

Student visa applications refused after 31 March 2009 under Tier 4 of the points based system will not be subject to an appeal. In these cases a new Administrative Review System will apply.

Students refused under the old Rules will still be able to appeal to the AIT.