ok guysrajamahmood85 wrote:very good.PaperPusher wrote:http://www.bailii.org/uk/cases/UKIAT/2009/00031.html
Cambridge College of Learning (CCOL) never ran a Postgraduate Diploma in Business Management course or a Postgraduate Diploma in IT course. Accordingly for a person applying for leave to remain under the Tier 1 (Post-Study Work) scheme to rely on a certificate of an award of such a diploma following a course will amount to a false representation and so will fall foul of para 322(1A) of the Statement of Changes in Immigration Rules HC 395. Such a person will also be unable to meet the requirements of para 245Z because he or she could never have undertaken such a course.
today i recieved letter from Ait after my hearing with them, appeal has been dismissed as already told to you guys.
i am posting some points from the letter.
submission made by H.O in my hearing- tribunal had stated that it considered that no person claiming to have undertaken a pgdm frm ccl can have done so without knowing that such claim amounted to a false rep.
decision and reasons- in immigration appeals the burden of proof is on the appellant(thats news to me i thought it was on H.O)
reason for refusal- the tribunal in test case have found that ccl never offered such course.the decision of the tribunal also goes so far as to say that students claiming to have studied on that course would have known that to claim to have taken such course amounted to false representation. nevertheless in this case the respondent has applied provision 322a of the immig rule which does not req that any false rep should hv been made to the applicants knowldge. so bearing in mind the findings in test case i am satisfied that the respondent was right in refusing the appellants application under para 322a.
i have been given 5days time to appeal against the above.
will keep on posting.