University appeal and Uk boarder agency Issue

[Abankula]

Unfortunately, my studentship as a PhD student was terminated by the university in August 2011. I therefore submmitted an appeal against the decision of the university within one week i was notified of decision to terminate my programme. It took the university four months to decide on my appeal as they claimed my case was being investigated whenever i sent email to confirm the status of my appeal. Since the first stage of the appeal is not satisfactory, the university advised i have got right to proceed to the second stage which happens to be the last stage of appeal within the university. To my surprise, i got an email yesterday, 4th January from the university that i have been reported to the UK boarder agency that i have ceased to be a student of the university while i am still appealing the decision of the university. In view of this, i demanded that the university should provide me with completion procedure of the appeal process in order to seek justice and fairness through a legal procedure and they refused. Meanwhile, the university has advised that i should leave the Uk within 28 days.
I would therefore appreciate advice in this regard.

[2012]

1. Really sorry to hear about u case.
2. Watever the issue is with you and the uni HO has got no role to play in this matter.
3. As far as uni informed the HO then it is a part of the Sponsorship Duties to notify HO about it so university just followed the correct procedure.
4. Also the programme is closed so you are no longer stuyding and as far as UKBA concerned you shud leave the UK or apply with another institution within a certain time or leave the UK.

[Abankula]

Thank you 2012 for your advice.

Does the university have right to report me to UKBA while i am still appealing a decision? Since i have been reported to UKBA, why didn't the university issue a completion procedure stating that my appeal with the university has been finally decided? It would appear that the university has decided to report me to deny me of fairness and justice. What right do i have to ensure that i seek fairness and justice while i am still in the UK as i have got enough evidence against the university decision?

I will appreciate any advice please

[Greenie]

your academic appeal is a separate issue to the university's sponsorship of you. Regardless of the fact that the academic appeal is ongoing, if you are no longer studying on the course, the university is obliged to report this to the UKBA, who will now take steps to curtail your leave. You do not need to be in the UK to pursue your academic appeal.

Strictly speaking you don't need to leave the UK within 28 days, assuming you have more than 6 months remaining of your leave, the UKBA will write to you to inform you that your leave is curtailed to 60 days, although in practice they can take quite a few months to do this, you can therefore lawfully remain here until they do curtail your leave, although, if it gets beyond 60 days you should consider leaving the UK as once they get around to curtailing, if the 60 days has passed, the curtailment will have immediate effect.

[2012]

Thank you 2012 for your advice.

Does the university have right to report me to UKBA while i am still appealing a decision? Since i have been reported to UKBA, why didn't the university issue a completion procedure stating that my appeal with the university has been finally decided? It would appear that the university has decided to report me to deny me of fairness and justice. What right do i have to ensure that i seek fairness and justice while i am still in the UK as i have got enough evidence against the university decision?

I will appreciate any advice please

1. Like i explained earlier this issue is between you and the uni and HO is not a part of this.
2. However, uni is obliged to report that to the Ho under the new Sponsorship Duties and Responsibilities.
3. Why not take sum legal advice on this issue (the issue between you and the uni) as u saying that u have got enough evidence.
4. Have u considered applying to another institution?

[Abankula]

@greenie and 2012. Thank you for your advice.

I have been trying to seek legal advice in this regard. I have had the opportunity to speek with an immigration solicitor while the appeal was at the inial stage and he advised that i would have right to be in the UK if i sue the university for litigation. However, i would require a completion procedure from the university stating that the university has concluded the process before my case would be admitted in court. I have asked for this document and the university was not prepared to provide me with it. It must be stated that i am not prepared to overstay in the UK for just a minute, but i want justice to be done while i am still in the country as it will be difficult for me to pursue this case to a logical once i leave the UK.

While i continue to seek legal advice on this issue, i would appreciate any further advice.

[Greenie]

you will not be here as an overstayer until UKBA gets round to curtailing your visa as explained above.

On what basis does the solicitor suggest that you will be able to stay here whilst you sue the university? The general position in such cases is that litigation can be conducted from outside the UK.

[kumar17]

Abakunla,

sorry to hear and I feel your pain indeed.. As others have said it appears your best option would be to change courses or get a new studentship.

Without knowing specific details of your case, the decision the university has taken to curtail your course and cancel your studentship is not one that would have been taken lightly. Believe it or not,it is in the interest of your supervisors, school,university and everybody for you to complete a studentship/PhD research studies and get a PhD.... i know you say you have evidence to take on your uni but questions that come to mind include - what were the studentship conditions? linked to progress? did you meet them? was your supervisor happy with your progress. if he was i would be very surprised this happened. or gross misconduct or injustice? how far were you in your course? have you made significant progress to claim rightsto your work e.g complete Phd elsewhere?if you have answers to questions like this then you can consider a case, if not it not a fight taking up a fight with the uni will only cause stress and cost money.