A evs4{LRa) Revo708 ese NOTICE OF IMMIGRATION DECISION In compliance with the Immigration (Notices) Regulations 2003 made under section 105 of the Nationality, Immigration and Asylum Act 2002 REFUSAL OF ENTRY CLEARANCE. Post reference: ISLAMABAD\1545459 ‘To: MUHAMMAD IRFAN ARSHAD Date of Birth: 34 May 1983 Nationality: Pakistan ‘The evidence that the Entry Clearance Officer has taken into account In order to reach a decision, | have taken into account: + That the burden of proois on you, the applicant ‘The standard of proof is to a balance of probabilities Your completed appication form Your passport Supporting evidence that is documented by checkist, and is attached to the application form for reference The relevant Immigration Rules You have applied for an entry clearance to the United Kingdom as a student for 2 years. You propose to study CIMA at London College of Accountancy & Management. The requirements to be met by a person seeking leave to enter the United Kingdom as a student are that he: (i) has been accepted for a course of study, oF a period of research, which is to bbe provided by or undertaken at an organisation which is included on the Register of Education and Training Providers, and is at either; (2) a publicly funded institution of further or higher education which ‘maintains satisfactory records of enrolment and attendance of students ‘and supplies these to the Border and Immigration Agency when requested; or {(b) a bona fide private education institution; or (¢) an independent fee paying schoo! outside the maintained sector which ‘maintains satisfactory records of enrolment and attendance of students, and supplies these to the Border and Immigration Agency when requested; and {iis able and intends to follow either: (a) a recognised full-time degree course or postgraduate studies at a(b) a period of study and/or research in excess of 6 months at a publicly funded institution of higher education where this forms part of an overseas degree course; or (c) a weekday fulltime course involving attendance at a single institution for a minimum of 15 hours organised daytime study per week of a single subject, or directly related subjects; or (0) a fulttime course of study at an independent fee paying school; and (i) ifunder the age of 18 years is enrolled at an independent fee paying school (na full time course of studies which meets the requirements of the Education Act 1944; and {(w) fhe has been accepted to study externally for a degree at a private education Institution, he is also registered as an extemal student with the UK degree awarding body; and (v) he holds a valid Academic Technology Approval Scheme (ATAS) clearance certificate from the Counter-Proiiferation Department of the Foreign and ‘Commonwealth Office which relates to the course, or area of research, he tends to undertake and the institution at which he wishes to undertake I; ifhe intends to undertake either, {)) postgraduate studies leading to a Doctorate or Masters degree by research in one of the disciplines listed in paragraph 1 of Appendix 6 to these Rules; or (i) postgraduate studies leading to a taught Masters degree in one of the disciplines listed in paragraph 2 of Appendix 6 to these Rules; or (ti) a period of study or research, as described in paragraph 87(i)(b), in tone of the disciplines listed in paragraph 1 or 2 of Appendix 6 to these Rules, that forms part of an overseas postgraduate qualification; and (vi) intends to leave the United Kingdom at the end of his studies; and (vil) does not intend to engage in business or to take employment, except part- time or vacation work undertaken with the consent of the Secretary of State; and (vil) is able to meet the costs of his course and accommodation and the ‘maintenance of himself and any dependants without taking employment or ‘engaging in business or having recourse to public funds; and ‘The Entry Clearance Officer's decision | have refused your visa application on this occasion because | am not satisfied, on the balance of probabilities, that you meet all ofthe requirements of paragraph 87 of the Immigration Rules. This decision was made on the merits ofthis application. However, if you have a previous application and immigration history, this may have ‘been considered ‘The Entry Clearance Officer's reasons and supporting evidencerequirements of the Immigration Rules, We advise applicants that the failure to submit such documentation may result in refusal of the application. This decision has been made on the basis of the evidence you have supplied. The onus is on applicants to demonstrate that they meet the requirements of the relevant rules. You have deciared that the information you have provided is complete and true to the best of your knowledge. | have carefully considered your application, |Lam satisfied that you meet the requirements of paragraph 87 of the Immigration Rules, except for the follawing: You propose to study a course at Loncon College of Accountancy & Management ‘As evidence you have been accepted on a course of study, you have shown an Unconditional offer letter and a further letter stating that the last date for you to start the course Is 11 August 2008. This date has now passed and you have not submitted any further evidence to show you will be accepted for your course of study ‘after this date. | am not satisfied therefore that your acceptance on this course is stil valid 57(i) ‘The total cost of your course tuition will be £3,000. The British Council guidance (www educationuk.org) estimates that you require a minimum of £8000 (Londony£7800 (outside London) for your accommodation and living expenses per year. On this basis | calculate your studies will cost you about £21,000 which | accept can be spread out over the duration of your studies, ‘As evidence of funds you have provided your uncles’ UK bank statement, which has an available balance of £7,407 as of 31 May 2008, which is not sufficient to meet your costs. | have noted that the balance of the account never covers the cost of your study. | am therefore not satisfied that you are able to meet the cost of your ‘course and maintain and accommodate yourself without taking employment or without recourse to public funds. 57(vill) For the reasons stated in the paragraphs above, | am not satisfied that you intend to leave the UK after your period of study. 87 (vi) | therefore refuse your application Your right of appeal: ‘Your application does not attract a full right of appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002. Your right to appeal is limited to any or al of the grounds referred to in section 84(1}(b) and (c) of the Nationality, Immigration and Asylum Act 2002 namely: (b) the decision is unlawful by virtue of section 19B of the Race Relations Act 1976 (c. 74) (discrimination by public authorities); (c) that the decision is unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant's Convention rights,