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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 1943
Experience:  I am a qualified solicitor and an expert in UK law.
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Singapore: I had an accident with no deaths or injuries and

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Singapore: I had an accident with no deaths or injuries and was charged in singapore subordinate court for dangerous driving and sentenced to $1500 and suspended from driving for 6 months on 28 Nov 2012 . the Police officer had confirmed with me that it was not on any criminal record. I applied for tier 4 general student visa on 15 June 2013 and was refused entry under section 320 (18A). Why is this so? How can I appeal? When can I apply again so that I visa application is accepted?
Submitted: 9 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 9 months ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Have you been given a right to appeal?
Where you given appeal form?

Kind regards
Customer: replied 9 months ago.

I was provided an appeal form for administrative appeal.

Expert:  UK_Lawyer replied 9 months ago.
Thank you for your reply.

Paragraph 320 (18A) and S-EC.2.5.(a) in Appendix FM of the Immigration Rules provides for a discretionary refusal of entry clearance where a person has been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record within the preceding 12 months of submitting their application. Examples of non-custodial sentences may include fines, Cautions, Warnings and Reprimands or suspended sentences.

Please note that a caution is not a conviction. It is an out of court disposal which is recorded on an individual's criminal record. Since it is not a conviction the applicant should not be refused under paragraph 320(7A) if they fail to declare it on the application form.

If you feel that the conviction is not a criminal offence then you need to fill the administrative review form and explain to the immigration officer why you did not disclose your fine or if you did disclose it why you feel that it is not a criminal offence and should not be used to refuse your application. Because the refusal under paragraph 320(18a) is discretionary you can the entry clearance officers to exercise discretion in your favour by explaining everything surrounding the offence and what you were informed.

If the immigration officer does refuse to exercise discretion then you may wish to apply again, but you should wait at least 12 months before reapplying. Please see following link regarding administrative review :

http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/administrative-review/

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 9 months ago.

Hi.. Sorry this took long to reply. You mean.. 12 months to reapply would refer to 12 months after date of the court sentence for suspension or 12 months after my recent application or should the appeal fail, 12 months after the appeal?

Expert:  UK_Lawyer replied 9 months ago.
Thank you for your reply.

I meant 12 months from the date you were convicted. But you should appeal and also the reconsideration. This will show the home office that you genuinely did not believe that your offence was one which warranted disclosure for the application form.

I hope this clarifies the matter.

Kind regards
Customer: replied 9 months ago.

Hi!


 


Okay thank you. :) one more. The problem is I did disclose it with a document from the traffic Police. He had indicated 'Disqualification of driving license for 6 months.' or something like that although it was just a suspension. Its alright right? So since I disclosed it, I should still appeal on grounds that it is:


 


1. Not considered a criminal record as per informed by the traffic police officer as well.


 


Should I put anything else to make my argument stronger? Such as my sole intention is to study and not drive in the UK? Would it have any impact.? Or no?


 


And at the time I reapply (if required) I should indicate this traffic offence again isn't it?


 


Thanks!

Expert:  UK_Lawyer replied 9 months ago.
Thank you for your reply.

If you did disclose it then you should inform the immigration officers that it was not a criminal offence, this is what you were informed. And yes you can include the points you mentioned above.

You would need to include details of the driving offence again, but also include any mitigating circumstances surrounding your conviction in the application form when you reapply.

I hope this clarifies the matter if so kindly rate my answer positively.

Kind regards
Expert:  UK_Lawyer replied 9 months ago.
I hope this clarifies the matter if so kindly rate my answer positively.

Kind regards
Customer: replied 9 months ago.

Hi, thank you for the response. Pardon me for my lack of understanding, but what do you mean by mitigating circumstances?


 


lastly, i suppose my concern would be placed under the following:


 


If you think that we have made an error in refusing your visa application under the points-based system, you can ask us to check our decision. This is an administrative review. The review will look at whether your claimed points were correctly assessed by the entry clearance officer.


 


where it is granted limited rights to appeal right?


 


nevertheless, i will definitely try for an appeal submission regardless.


 


Thank you for your help. :)

Expert:  UK_Lawyer replied 9 months ago.
Thank you for your reply.

What mitigating circumstances means is a circumstance that does not make you look bad as a person but which reduces the penalty associated with the offense. So things can be stated which makes it look less of your fault.

What you have mentioned above is like an appeal but instead of a judge the immigration officer manager looks at the application again and decides whether a decision was made correctly or not.

What limited rights of appeal mean is that you can only appeal to an immigration judge if you feel that my not allowing you to enter the UK the immigration officer is breaching your human rights, ie a right to private or family life.

I hope this clarifies the matter if so kindly rate my answer positively.

Kind regards

UK_Lawyer, Solicitor
Satisfied Customers: 1943
Experience: I am a qualified solicitor and an expert in UK law.
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