Cotenst case againt HSMP initial refusal

[briltek]

Hi all,
My hsmp application was refused on the grounds of Qualifaication. Interestingly enough, I recieved a comparability letter from UK NARIC but they still turned down my app stating that your transcript shows you have finished your bachelor in 3years plus 8 months.

The caseworker guidance notes (available on bia home office site) defines Bachelor Hons degree in terms of "one which is completed in atleast 3 years if study taken full time"

I opted for appeal but they didn't change their stand and again refusal letter was sent to me

I want to contest my case + sue them in the immigation tribunal. I firmly believe that my case is very strong as caseworker guidance notes and NARIC letter are on my side of table.

All i need is valuable opinions and suggestions on whether its feasible, how much it will cost in terms of lawyers fee and time span

Thanking you all in advance

regards
briltek

[gordon]

Firstly, I am sorry to hear of the refusals. The grounds for refusal seem odd, but a number of cases have been cited on this board where caseworkers have made determinations about substantive degree work and equivalency, seemingly outside the NARIC framework. Some have been like yours (finishing a four-year course in less time); a related example was the downgrade of a conferred master's degree to PGDip status where the master's degree was unrelated to first-degree work. In practice, it seems that caseworkers are granted some latitude in interpreting NARIC equivalency.

My understanding is that initial refusals are reviewed by a caseworker and manager, and that a review is processed by another caseworker and manager; in other words, two different caseworkers have refused your case on that basis, and two different managers have confirmed those refusals. So I think you have an uphill battle on your hands if you plan to sue, to say the least -- if indeed your refusal even attracts any rights of appeal.

On a more general note, I think your experience demonstrates that applicants should not submit evidence (eg the marksheets) that is not directly relevant and was not otherwise requested. Each piece of evidence submitted can legitimately be evaluated, and can form the basis for a refusal. You might be better off just re-applying -- without the marksheets (from what I understand, a new application is reviewed without reference to previous ones).

AG

[flanker]

The caseworker guidance notes (available on bia home office site) defines Bachelor Hons degree in terms of "one which is completed in atleast 3 years if study taken full time"

According to Immigration Rule Paragraph 6:

"a UK Bachelors degree" means

(a) A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level; or

(b) A programme of study or research, which leads to a recognised award for the purposes of section 214(2)(c) of the Education Reform Act 1988, of a qualification designated by the awarding institution to be of Bachelors degree level.


I cannot see why your degree is not a Bachelor's.