Admin. Review for false represent, any options afterwards?

[Mike30]

Hello

Thanks for your help, this is great forum!

I am in the process of admin. review on my student visa application because I was accused of false representation. I do not agree with it and my case is quite complicated misunderstanding, which I am intended to solve. However, I'm afraid what would happen if I loose in administrative review. If I loose it, then I will get 10 years ban to UK automatically. My question is, will I have any more options if I loose my admin. review. Or I will not be able even to try anything during next 10 years?

Thank you.

[vinny]

RFL5.8 320 (7B) and the use of false representations, information and documents

[Mike30]

Thanks Vinny. But I still don't understand, can I make another attempt in the future to explain misunderstanding if I loose admin. review or if I loose it, then I can't even try for next 10 years. I checked your link it's not clear from there.

[vinny]

The ban is automatic unless:
you're exempted under 320(7C); or
false representations were in error; or
false representations were accidental; or
false representations were not made.

[Mike30]

I understand it, thank you. My question is not exactly this. I understand reasons how ban was put and how it can be removed.

I try to find out what instruments do I have. At the moment I have one main instrument - Administrative Review, which I'm doing. If I will not win it, will I have other instrument(s) afterwards, like, for example, going to UK court, etc. However, I'm overseas, so what is not clear for me, will I have any judicial instruments after admin. review is finished to try again.

[Greenie]

I understand it, thank you. My question is not exactly this. I understand reasons how ban was put and how it can be removed.

I try to find out what instruments do I have. At the moment I have one main instrument - Administrative Review, which I'm doing. If I will not win it, will I have other instrument(s) afterwards, like, for example, going to UK court, etc. However, I'm overseas, so what is not clear for me, will I have any judicial instruments after admin. review is finished to try again.

If AR is refused then your only judicial remedy is to apply for Judicial Review in the High Court- this is time consuming and costly.

If AR is refused and the ban stands, you will not be prevented from applying for the next 10 years but your applications will be refused for the next 10 years unless you can provide evidence to show that the original refusal was wrong.

[Lucapooka]

Have you sought assistance with the AR? Or do you think you are able to construct for yourself convincing arguments? The onus is on you to show that the decision is wrong and merely saying it's wrong but not elaborating on that may not be sufficient.

[Mike30]

Looca, thanks, I understand you. I can't say I decided 100% what to do. I stil have several weeks to think about it but now I know all I need. Thank you for your kind help. You are very nice person. And also thanks to Greenie for giving me very very clear answer. And thanks to Vinny for these links.

I don't have any more questions about UK process. Only questions left is, how can it affect Canadian/Australian/US visa. Will I not be allowed there if I'm banned from UK? I found on the internet on Yahoo QA that if you banned from UK, you will be banned from British Commonwealth countries because they share common database. If someone knows anything about it, please write here. Thank you.

[Lucapooka]

Well it may affect applications to those territories as the UK, Australia, Canada, New Zealand, United States of America have a well-defined security sharing agreement with a common intranet database. Additionally, most countries require that you declare on visa applications any previous refusals in other territories. I think it would be better to get this resolved as soon as possible even if you no longer actually want to go to the UK.