Mr. Kobir’s Story/ 2 Comments /
When Mr. kobir approached us to represent him, it seemed that all hope was lost, having been previously represented by four previous firms, including two city firms and with a negative opinion from an immigration Judge.
The story of Mr. Kobir, is one which is resonant with many a student, who left their country to come to the UK to study and better their future. In our cleint case, he had sold almost all he had in Bangladeshi to take this trip with his wife.
He was a diligent student and in his seventh year of study in the UK, he made an application to renew, his error was that he forgot to include the application fee for his two children, a nominal sum of £100, his application was returned as ‘invalid’ by UKBA…thus began his battle from 2009 until the most recent decision finding in his favour.
We are supportive of the decisive great Judgement by Belinda Bucknell QC, which found as unreasonable and in breach, our clients and his family Article 8 Rights, by the particular practices by United Kingdom Border Agency. This is a practice which is of normal occurance accross the board on all applications under the immigration rules. Where due to unintentional error, applicant forgets to include certain fees, and then are faced with a return of their application as invalid.
Many a times, it is too late to rectify the error, as their leave had at this point, prior to the return expired. They are therefore asked to return to their home country and apply.The full Judgement can now be found on the web by typing in Kobir, R(on the application of) v Secretary of State for Home Department (neutral Citation no: (2011) EWHC 2515 (Admin) case no: CO/696/2011, judgement was 6th October 2011. This case is of real relevance to anyone who is a student Tier 4 and all who make application in all categories under the UK Immigration Rule.
This decision is a victory by Mr. Kobir, through K C Law Chambers Solicitors expert representation.
Full Judgement to follow on site soon.
Written by Auldrea Samms (Assistant Solicitor)
K C Law Chambers Solicitors