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India _ Country Condition Update

New list of acceptable financial institutions in India

 

The UK Border Agency has published a new list of banks in India whose financial statements will no longer be accepted for student visa purposes. It is said that this is set to affect thousands of students from India wishing to study in the UK. The new list has exonerated 1,900 banks and lists only 85 banks that operate in India and whose financial statements will be accepted for student visa purposes.


When applying for a student visa under the points-based Tier 4 category, an applicant is required to demonstrate evidence of possessing the necessary funds to purse a course of study and maintain themselves in the UK for the duration of their studies. In light of the new list related to acceptable banks, as of 24th November 2011 financial statements of only those banks listed will be accepted. Where an applicant provides a bank statement from one of the 1, 900 Indian banks that have been banned, their application will not be considered and is likely to be refused.


Banks whose financial statements will no longer be accepted are on a list categorised as 'Cooperative banks scheduled urban cooperative banks' and 'Cooperative banks non-scheduled urban cooperative banks'. The 85 banks operating in India whose statements will be accepted are on a separate list which includes 'Scheduled commercial banks'.


The UK Border Agency states that the purpose of the change is “to ensure that we can verify that student visa applicants hold the required maintenance funds to support themselves and pay for their course in the UK."

 

Verification checks will be made on any documents provided in order to ensure that they are genuine and not fake.  

 

The list is subject to concurrent reviews as additions and amendments may be made in the future. Similar lists of financial institutions have been published for other countries including Pakistan and the Philippines.


Should you require any further information on applying or extended your student visa, please do not hesitate to contact us either by telephone (020 7569 3035) or email (info@ergensharif.co.uk).


October 2011

Naik v Secretary of State for the Home Department & Anor [2010] EWHC 2825 (Admin)

This case concerned Dr. Naik, an Indian National and leading Muslim writer and public speaker who was seeking to enter the UK to speak at various events in 2010, was excluded by the Secretary of State on 16th June 2010 on the basis that it was conducive to public good and in accordance with the Home Office’s published guidance on ‘unacceptable behaviors’. Dr. Naik had visited the UK on several occasions before and held a multiple entry visit visa valid until 2013. His visa was subsequently revoked. Dr. Naik lodged judicial review proceedings to challenge the Secretary of State’s decision to exclude him from the UK on the basis of procedural unfairness, legitimate expectation and the violation of the right to freedom of expression pursuant to article 10 of the European Convention on Human Rights.

Dr Naik is considered an important and influential figure in the Muslim world having spoken at thousands of public events worldwide.  He established the Islamic Research Foundation, a non-profit organization based in Mumbai.  He is also the Chairman of Islamic Research Foundation International, a charity based in the UK and regulated by the Charity Commission.  He has made several statements in the past which led the Secretary of State to ban him from the UK including the statement: “As far as a terrorist is concerned, I tell the Muslims that every Muslim should be a terrorist” and “Beware of Muslims saying Osama Bin Laden is right or wrong. I reject them”.

The Secretary of State made reference in their submissions to reports in India linking Dr. Naik’s broadcasts to the terror attacks in Mumbai and known/caught terrorists in the past including Kafeel Ahmed (failed terror attack on Glasgow airport in 2007) have been linked to Dr. Naik and his broadcasts. Dr. Naik rejected any suck links in his defence.

News of Dr. Naik’s intended visit to the UK was also covered in the media. The Sunday Times published an article entitled “Muslim preacher of hate is let into Briton” on 30th May 2010. The article raised various concerns and allegations about Dr. Naik. This media coverage subsequently resulted in various discussions between Dr Naik’s representatives and the Home Office leading to the Secretary of State to personally exclude Dr. Naik from the UK on the grounds that it was conducive to public good. The Deputy British High Commission in Mumbai notified Dr. Naik that entry to the UK was to be refused for “engaging in unacceptable behaviour by making statements that attempt to justify terrorist activity and fostering hatred”.

The Court in the matter held that whilst there had been some procedural unfairness in the Secretary of State’s decision dated 16th June 2010, they had the power to exclude those who fell within the policy of ‘unacceptable behaviours’. The Court referred to the Immigration Rules stating that pursuant to paragraph 320(6), an applicant is to be refused where the Home Secretary has personally directed their exclusion on non conducive grounds.
 

"Grounds on which entry clearance or leave to enter the United Kingdom is to be refused…

(6) where the Secretary of State has personally directed that the exclusion of a person from the United Kingdom is conducive to the public good;”

The Court held that in any even, Dr Naik's exclusion was held to be necessary for, and proportionate to , the legitimate aims of protecting national security, preventing crime and protecting the rights of others.Therefore, his exclusion and any interference with Article 10 ECHR had been justified.
 
 

visas issued to Indian and Bangladeshi students

The BBC has reported that, since the introduction of the points based system, there has been a sharp increase in the number of student visas issued to applicants of Indian and Bangladeshi origin. Whilst the UK Border Agency has maintained that the amount of visas issued is ‘roughly’ the same as the preceding year, the BBC has reported that applicants from certain Countries have been awarded visas more so than applicants from other countries.

24th November 2009

 

 

 

 

 

 

 

 

 

 
 
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