Uk Visa Appeal 2

B-02 -1 Block B Pangsepuri Seri Jati, Jalan Wawasan 5/4 Pusat Bandar Puchong 47100 Malaysia 15/10/2008 The High Commissioner British High Commission Kuala Lumpur Malaysia Sir,

MY APPEAL ON “REFUSAL OF ENTRY CLEARANCE” APP Ref No MYAC/260808/015933/1 Post Reference: KUALA LUMPUR/96691

The above subject refers, I humbly wish to thank you for giving me the opportunity to appeal for your consideration on issues you felt unclear in granting me visa. It should be noted that “An Entry Clearance” was refused based on paragraph 57 of Immigration Rules as the Entry Clearance Officer’s decision reads, “I have refused your visa application on this occasion because I am not satisfied, on the balance of probabilities that you meet all of the requirements of paragraph 57.” It is stated that “The onus is on applicants to demonstrate that they meet the requirements of the relevant rules.” Entry Refusal was based on section 57 as the Officer wrote, “I have carefully considered your application on the basis of your passport, application form, supplementary questionnaire and the papers you have provided, it has not been necessary to interview you to reach this decision. Taking into account your circumstances as described by you, I am not satisfied on the balance of probabilities that you have demonstrated that you meet the requirements of section 57.”

MY RESPONSE I humbly write to straighten genuine issues that form vital determining factors in granting me visa that seem to suffer doubts due to presentation, and also to strengthen my application with few more documents as contained in section 8 -page 7 of Form AIT-2 which reads, “If you are sending any other documents with this form to support your appeal, please list here.” Sir, while I appreciate this, I would like to state here that my educational goal goes beyond MBA at the University of Aberdeen or my PhD at the University of Birmingham. 1

I have a burden. I have a positive mental picture of what my status would be after my studies in UK, to play a convincing role in my society that suffers decay today mainly in her socio-economic life as a nation. In this regard I new that I needed a voice – a voice in defense of the less-privileged, the marginalized and to denounce huge corrupt practices contemporarily at the corridors of power in Nigeria. All is geared toward contributing in good governance to the peace and growth of the nation. Hence my Programme at the University of Birmingham is PhD in African Studies - “Nation-State and the Challenges of a Plural Society.” which comes after MBA at University of Aberdeen. Faith is logical and it requires some effort to cause intellectual revolution as Britain is a bed-rock of centuries of intellectual tradition where past and present successful leaders have passed through. My expression here is purely built on intellectual honesty to explain things the way they are in my visa application and to seek your understanding and kind consideration.

GROUNDS OF APPEAL The reason for refusal to grant me Entry Clearance was based on some issues raised. I hereby present a simple and fair explanation which I hope would help in redressing the wrong meted against me.

Correction of misconceptions 1 Reference the second paragraph of the refusal notice sent to me which reads thus: Paragraph 57(ii) ---- “I am not satisfied on the balance of probabilities that you have demonstrated that you meet the requirements of section 57. You are intending to study a MBA in International Heath Care Management at University of Aberdeen, you have provided an offer letter confirming that you have been offered an unconditional place to study there starting September 2008. I note that you have also been offered a place to study a PhD in African Studies at University of Birmingham also scheduled to start in October 2008. I am minded that there appears to be little common ground in these choices of course. I note that you have been studying an M.A in African History in Malaysia and I am therefore not satisfied that you genuinely intending to take the MBA course as claimed.”

I hereby debunk the above claim with the submissions below:

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That at the time of filing in my application for entry clearance I had only one confirmed admission letter which was for MBA at Aberdeen (See Appendix 1). That the confirmed admission letter for PhD only came after I had submitted my application for entry clearance (Please see the date of the said confirmed admission letter in Appendix 2) That without the importance attached to MBA as stated above, there wouldn’t have been any rationale for me to send a special deposit of one thousand pounds as a precondition for admission at Aberdeen while University of Birmingham did not place such a precondition for admission (See Appendix 3). This is my honest clarification on this. That as an interdisciplinary student whose first degree was in Government/Public Administration, it is certainly not out of place for me to seek to pursue a second degree in MBA (See Appendix 4). The above point was noted by the University of Aberdeen which informed their decision in granting me admission. That based on the above submission I wish to state that the decision of the entry clearance officer was wrong in assuming that I already had two admissions before applying for entry clearance and that I did not intend to pursue the MBA course offered to me by University of Aberdeen.

Correction of misconceptions 2 Reference the third paragraph of the refusal notice sent to me which reads thus: Paragraph 57(viii) The fees for the course are 11,500 pounds per year and in addition the University estimates that you will need about 7020 pounds to cover your living expenses for one year. This gives a total of about 18520 pounds per year. You have stated that your costs will be met by your brother. As evidence of his ability to meet these costs you have provided a bank statement from Intercontinental Bank in respect Emzo Oils Ltd. The statement is over drawn throughout the period covered and, whilst am aware that many businesses operate on overdrafts, since no details of the overdraft facility have been provided I am unable to determine what level of funds are available. You have provided your own bank statement in Malaysia with a balance of RM18, 525 (about 2765 pounds based on 1 pound = RM 6.70) on 25 August 2008 but this arises mainly from a series of deposits made between 22 and 25 August 2008. In view of the above, I am not satisfied that you have adequate funds available to meet the costs of your studies in the U.K. Paragraph 57 (viii)

Sir, I hereby debunk the above claim with the submissions below:

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That the account in question a viable account that runs in millions of naira with high turnover as the Entry Clearance Officer noted, as you can see in the statement of account too. But where is the Rule on overdraft account unknown to me, but known to the Entry Clearance Officer (Please check Documents Checklist Appendix 5), for sponsorship? I cannot ascertain what satisfies the Entry Clearance Officer as he/she demanded even when details of his overdraft facility have been provided in assessing the level of funds in his well-managed overdraft account. As a student, I depend on monies given to me. Series of deposits were made as a result of the way I used ATM Machine to lodge the money sent to me through a business man from Nigeria that forms the 2700pounds noted by the Entry Clearance Officer. I do not want to bring spirituality into this, but the truth is that I still lodged in more of the funds sent to me – around RM6000 with a withdrawal of RM 650. This gives the sum of Rm23877.59 as at 10/09/2008. This is a little less than 4000 pounds. The attached statement the banks sent to me later after I had submitted my documents to the Visa Centre speaks for itself even when I never knew that the Rm 18525.31 will be contested (See Appendix 6). The Entry Clearance Officer understands that decisions are relative to individuals. 3700 pounds was meant to cover my arrival and immediate requirements. I have been in campus and I do know that almost all International students receive their tuition fees/maintenance through remittance to their bank by their sponsors from one semester to another Honestly, it’s not an exaggeration to state that my brother (sponsor) His Royal Highness, Eze Emeka J. Njoku - the Dim 1 of Ibeamaukwu –Ama Athonomous Comminity is capable of training more than one person of my level in UK. He is an employer of hundreds of staff who work at Petrol stations, Royal Suites Hotels Owerri Nigeria and Trendy Fried Chicken Owerri Nigeria to mention but these few companies. This claim is true, authentic and verifiable through the British High Commission in Nigeria. Please, find attached magazines affirming the capability of my brother his Royal Highness (Appendix 7)

Other grounds of appeal I graduated in August 2008, and published a book “Idols of Nations” the same month of my graduation which I enclosed in my application. This revelation is based on the Question 90 of the Questionnaire. It takes extra work for a student to accomplish this task along with his pure academic work. Unfortunately the Entry Clearance Officer did not recognize the effort. It was because I was fully funded that made me to engage in writing books and publishing one as premised in Paragraph 57(viii). (See Appendix 8). Attached, see also (Appendix 9) “To Whom It 4

May Concern” from my supervisor at the University of Malaya to buttress my willingness to pursue the course. To see my educational career slaughtered at the altar of “assumptions and probabilities” is aching. The Entry Clearance Officer has the right to assess issues but his /her judgment is a different thing – being subject to review as this case demands. His/her decision to refuse Entry Clearance based on “balancing Probabilities” and things that satisfy him/her remain ambiguous. I have clarified the issues the Entry Clearance Officer raised, and seek for fairness in your honourable decision. Finally, in the light of the above outlined facts, I would like to state that the Entry Clearance Officer was prejudicial, biased about my intention – a wrong notion that contemporarily presents most blacks or Nigerians in particular as untrustworthy, undeserving and crooked, hence our future even the well-meaning ones are at the mercy of officials in cases like this. I look forward to your understanding and kind consideration. Yours faithfully, Njoku, Chukwunenye Clifford.

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Appendix 1

Appendix 6

Appendix 1

Appendix 6

Appendix 2

Appendix 7

Appendix 2

Appendix 7

Appendix 3

Appendix 8

Appendix 3

Appendix 8

Appendix 4

Appendix 9

Appendix4

Appendix 9

Appendix 5

Appendix 5

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