URGENT = TIER 4 Refused Under 320 7(B) and 245ZV

[Abdulw87]

last year i overstayed my student visa and was told by my university International Office to leave the country within 28 days.

at the airport i was given a IS151A form and my fingerprints taken.

this year i applied for a student tier 4 visa to go back to UK and complete the last year of my course and got refused. i declared on the form that i overstayed my last leave which was more than 6 months ago and left UK within 28 days (visa expired on 30/10/2010 and left on 24/11/2010).

the ECO comments also states that any further application made under the same catagory will be refused immediately untill 24/11/2011 (i.e. one year ban)

but according to 320 7(b)(i) if i leave the country on my own expense within a 28 day period from the date of expiry of my leave the general grounds of refusal dont apply.

then why did the ECO refused my application, are they dumb or they do it on purpose. i have the right of administrative review but i think that it would not change the decision because it would be the same ECO and he will refuse it again.

need advice what should i do, this is the last chance for me to complete my course if i dont start my course this year i will have to restart the course and my previous two years education and fees will be waste.

[Lucapooka]

are they dumb or they do it on purpose. i have the right of administrative review but i think that it would not change the decision because it would be the same ECO and he will refuse it again.

Yes, some are really dumb but it won't be the same ECO at the AR. It's always a different person that reviews the application looking for ECO error. I think the fact that you were given an IS151 may have led him to wrongly assume you were removed at public expense rather than left under your own steam. I think the AR will quickly overturn this.

[Abdulw87]

actually i never mentioned an IS151A form in my application i thought it was understood as it was the normal procedure, and secondly in the IS151A the officer wrote and marked that i left on my own expense.

Can i send the IS151A form when sending the case for AR or is it extra evidence and for that i need to make a new application becasue thats what guidlines of AR say

[Lucapooka]

For refusals under 320 you are permitted to provide new evidence in the AR. I think you should send this as it confirms the date of your leaving.

However (although not that it seems to have mattered) it's mandatory to mention anIS151 in any entry clearance application. On the VAF9 PBS migrant application form it is asked for in question 6.7

6.7 Have you ever been deported, removed or otherwise required to leave any country, including the UK. If yes, please provide details.

[Abdulw87]

if you look at the 320 7(B)(b) it says "breaching a condition attached to his leave",

by overstaying have i also breached a condition attached to my leave or this point refers to the remarks given on the visa like work not allowed no recourse to public funds or something like that

[Lucapooka]

by overstaying have i also breached a condition attached to my leave

Yes, you remained past the expiry date. However, as stated, this breach is normally overlooked if it's less than 28 days.

[Abdulw87]

i was searching on the internet and stumbled across a blog in which all the rules were posted but one thing caught my eye and it said "port removals result in a 1 year ban"

i was wondering was this ban applicable regardless of how much overstay one did or were they subject to the same rules as under 320 7B