Tier 1 (Post-Study Work) and false representation and deception
VVT (LCPS: no post graduate diplomas) India [2011] UKUT 162 (IAC) (31st March 2011)This case concerned VVT, an Indian citizen appealing before the First-tier Tribunal against the refusal of his application for permission to remain in the United Kingdom. The respondent in this case was the Secretary of State for the Home Department.
Appellant history
VVT was given leave to enter the UK as a student on September 7th 2005, until December 31st 2006. This leave was granted two extensions- once from November 24th 2006 until December 24th 2007, and again from December 21st 2007 until July 31st 2009. He subsequently applied for permission to stay further as a Tier 1 (Post-Study Work) migrant.
Paragraphs 245Z(c), 245Z(d) and 245Z(e) of the Immigration Rules stipulate that an applicant must have a certain number of "points" to succeed in their application. A minimum of 75 points (earned via "attributes") is required, as well as mandatory English language skills and adequate funds for personal maintenance. In order to obtain these 75 points, VVT claimed to have a Post-Graduate qualification in Information Technology from the London College of Professional Studies (LCPS), providing a number of documents which purported to support this.
His application was rejected on December 10th 2009 on the grounds of "false representation," specifically the submission of fake academic documents. Paragraph 322(1A) of the Immigration Rules clearly cites the submission of any false credential as grounds for refusal. Providing false information is also considered an offence under the Immigration Act 1971, and in submitting his application VVT would have had to sign a declaration indicating his awareness of this.
Because the documents were deemed invalid, VVT was awarded 0 of the 75 points. Additionally, the Secretary of State was unconvinced that VVT had met Appendix B of the Immigration Rules (mandatory English language requirements). VVT was warned that, given his offence, the UK Border Agency might consider taking further action against him.
VVT subsequently appealed under section 82 of the Nationality, Immigration and Asylum Act 2002, claiming that his application had not involved deception or misrepresentation, and furthermore that the Secretary of State had not adequately proved otherwise.
The case
The Tribunal observed that there had been a number of similar recent appeals involving LCPS and the alleged submission of fake documents. It was hoped that a handful of pilot cases could be heard ahead of the bulk, in order to set useful precedents. Unfortunately, owing to various circumstances, VVT's case became the only one to serve as a "lead."
The Tribunal noted that the standard of proof when examining issues around the Immigration Rules is the "balance of probability." The burden of proof was said to fall on the Respondent, as established in paragraphs 98-102 of NA and Others (Cambridge College Of Learning) Pakistan, with regard to Re B (Children) 2008.
The appellant claimed to have been awarded a Postgraduate diploma in IT from LCPS in December 2008, upon the completion of his course. The appellant provided several items of copied documentation (the original documents being held elsewhere along with his initial application) to support his claims, including copies of his enrolment letter, academic transcript and degree certificate.
General conclusions
For future reference in cases involving LCPS, the Tribunal noted that it had established two things: a) that LCPS Student ID numbers contained six digits, not seven or more, and b) that LCPS did not teach any non-accredited courses nor itself award or issue post-graduate degrees in any subject.
Specific conclusion
It was the conclusion of the Tribunal that LCPS did not in fact teach the course that VVT claimed to have been awarded a diploma in, that the documents supplied by him purporting to be proof of such were therefore manifestly false, and that VVT was certainly aware that this amounted to false representation and deception.
Thus. VVT's appeal was dismissed.
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