Jun 10, 2017
Our client from Singapore, a Sri lankan national (currently on a working permit), has had previously refused a student visa to New Zealand. He got refused in October 2015 and in December 2016 – the reasons being raised by the immigration officer is similar to what they usually gave to the applicant: not a genuine student issued, not a bonafide applicant, the course progression and pathway, we’re not established and not credible enough, and having a similar qualification – as he had previously studied in the U.K and, that unable to demonstrate that he will return home after the completion of the intended course to New Zealand. When we had his application received for a review from his first refusal and 2nd refusal; enclosed with his documents, we believe in some points that immigration officer raised their concerns are correct but, as we note to his first application there has been an insufficient document about his “ties” to demonstrate his return incentives after completing the propose studies in New Zealand for another masters degree. We also sought some factors which are essential as to why the immigration officer resulted to decline his application twice.
Although, in our past article [post] having a refusal for a temporary entry [student visa] for admission to New Zealand, would result to subsequent refusal if one attempted again to reapply, (if nothing has changed substantially to his his/her circumstances). And always, ‘it is thumb rule for consultancy’ that after the refusal. There should be a resting period for him to reapply as he believes on what he has perceived from other agents and from unsolicited information and advice. We agree with the ‘resting period’, unless, there are available information, further explanation or evidentiary documents which are not able to submit into his application previously, which will strengthen and influence the assessment and decision of the immigration officer in meeting its criteria for student visa under the Immigration New Zealand Operational manual( INZ)for student visa requirements in accordance with section 22 of the act, of the immigration instructions.
We give to emphasize in the argument letter about a new information and credible evidentiary documents and well written statement to explain his side as to why he has to study another masters in New Zealand. And that we clearly puts a distinction and elaboration about the course necessities and how it vary from what he had in the past- in which the immigration officer only look into the level of qualification as ‘similar’ and claimed that the student enrolled for that course; only for him to get an admission entry to New Zealand. But, never made any research or clear understanding how the course differ technically in terms of content of the course description; AND in addition, his existing qualification and years of experience, are essential prerequisite for his intended course to study in New Zealand for admission at the university. All the matters in his application with the complexity of his grounds of refusal; which we addressed to argue with after submitting a complaint letter at INZ, branch office before referring to INZ, for Deputy Chief Executive Officer in relation to his application. There are no issues financially when it comes on covering the tuition fee from a certain university in New Zealand, as he had paid it already in October of 2016, prior to his second reapplication. But still his second refusal, indicates that he should have enough ‘financial resources to cover the course fee’, we note that this client then is sponsored by his cousin in New Zealand and has provided a “financial undertaking for student” alongside with its supporting documents [cousin], and his own account (savings) – this proves that our client meets regulations 11 (4) clause (e), for the maintenance funds while in New Zealand to study in support with the sponsorship.
We, also questioned the fact about the immigration officer(s) in determining his application as his proposed course for studies in NZ, is likely similar with his intended course to study in New Zealand, considering his actual working experience in relation to the course and has chosen the course only for him to get an “entry admission to New Zealand. We believe, interpret and analyze that this decision for that basis does not, take into consideration how this course is essentially different to what he has had at present. That, the immigration officers who had previously handled his applications did not necessarily make to understand the technicalities of the course, and have not done any further research on it; to have a clear understanding which is very critical part in coming up or weighing in the overall final decision in the context of bonafide student requirements. We highlights to our submission letter of what part 2 of the regulations 10 (2), (e), clause (iii, iv) (iii).
Have you been refused a student visa to New Zealand and wanting to reapply or planning to apply for a visa to New Zealand? Contact Visa Online Assistance by sending an e-mail at [email protected]