QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF FAZAL-E-HAQ||Claimant|
|THE SECRETARY OF STATE FOR THE HOME DEPARTMENT||Defendant|
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(Official Shorthand Writers to the Court)
Mr D Mankwell (instructed by the Treasury Solicitors) appeared on behalf of the Defendant
Crown Copyright ©
THE DEPUTY JUDGE:
"10 Removal of certain persons unlawfully in the United Kingdom
(1) A person who is not a British citizen may be removed from the United Kingdom, in Accordance with directions given by an immigration officer, if-
(a) having only a limited leave to enter or remain, he does not observe a condition attached to the leave or remains beyond the time limited by the leave;
(b) he uses deception in seeking (whether successfully or not) leave to remain."
"Thank you for the application ... it will now be passed to a casework unit. Until the application is looked at by a caseworker, we cannot tell whether we will be able to complete it quickly. If there is any problem with the fee payment or the validity of the application, or more information or evidence is needed, a caseworker will contact you in writing or by telephone".
"IN TIME APPLICATION
Applicant is applying for further leave to remain as a student. Leave expired 31/12/07. Bank statements do not cover the last three months. Therefore application is rejected and all documents listed below return back to applicant's home address."
The letter of 22 January 2008 concluded by stating:
"If you do not return your application within 28 days in a manner that complies with all the above-mentioned requirements, the application will be invalidated and the fee (if any) will be refunded."
That 28-day period expired on 19 February 2008.
(a) that the previous leave to remain had been obtained by deception, the claimant having enrolled at a bogus college, Lloyds College;
(b) the claimant's previous leave had by that point expired, and he did not meet the requirements of paragraph 60 of HC395;
(c) that as he had no leave to remain he had no right of appeal.
"Dear Mr Haq
It has recently come to our attention that the college you were last granted leave to remain to study at is not a bona fide education establishment.
The Immigration Rules require that anyone wishing to enter or remain in the United Kingdom as a student must have been accepted on a course of study which is to be provided by an organisation which is included on the Register of Education and Training Providers (formerly known as the Department for Education and Skills' Register of Education and Training Providers) and is able and intends to follow:
[It then sets out various requirements]
As part of an application for leave to remain as a student signed by you on 27 November 2006 you submitted an enrolment letter by Lloyds College where you claimed to have been studying since April 2006. We are aware from our own enquiries that Lloyds College is not, and never has been, a bona fide educational establishment and that it is reasonable to believe that this would have been known to any person claiming to have studied or be enrolled there.
Therefore, we are satisfied, on the basis of the evidence available, that you have obtained leave to remain in the United Kingdom by means of deception.
Moreover, as you have since remained beyond the expiry of that leave, you are now an overstayer, and so have no lawful basis of stay in the United Kingdom.
On 20 March 2008 you made a late application for further leave to remain as a student. In view of the fact that your last leave to remain was obtained by deception that you now submitted your passport with your new application showing that leave endorsed therein, it is considered that you are again seeking to rely on that deception in order to gain further leave to remain. Your previous leave has now expired, and you do not meet the requirements of the Immigration Rules relating to Paragraph 60 of HC395. Your application is therefore refused, and as you have no leave to remain in the United Kingdom, you have no right of appeal against this decision."
Then a little later:
"A decision has also been taken to remove you from the United Kingdom pursuant to powers contained in Section 10(1)(b)of the Immigration and Asylum Act 1999. Enclosed is form IS151A which sets out your immigration status and liability to detention."
On form IS151A, which is dated 8 April 2008, it states:
"I have considered all the information available to me and I am satisfied that you are either:
[A) is not ticked] B) is ticked]
"a person in respect of whom removal directions may be given in accordance with section 10 of the Immigration and Asylum Act 1999 (administrative removal) as:
i) a person who has failed to observe a condition of leave to enter or remain, or remains beyond the time limited by the leave;
ii) a person who used deception in seeking (whether successfully or not) leave to remain;
iii) person whose indefinite leave to enter or remain has been revoked under section 76(3) of the Nationality, Immigration and Asylum Act 2002 (person ceasing to be a refugee),
iv) a member of the family of such a person."
Then there is a box with "Specific statement of reasons":
"On 22 December 2006 you were granted leave to remain in the United Kingdom until 31 December 2007 as a student in order to study at Lloyds College and provided evidence in support of that application from that college that is known to be bogus. We are satisfied for the reasons given in the enclosed letter that the leave you were granted was obtained by deception. Moreover, as that leave has now expired you are liable to removal as an overstayer."
The first issue in summary
"(1) This section applies if-
(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave;
(b) the application for variation is made before the leave expires; and
(c) the leave expires without the application for variation having been decided.
(2) The leave is extended by virtue of this section during any period when-
(a) the application for variation is neither decided nor withdrawn,
(b) an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought against the decision on the application for variation ...
(c) an appeal under that section against that decision is pending (within the meaning of section 104 of that Act)."
The first issue: Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2007.
The form set out in Schedule 5 is prescribed for an application for limited leave to remain in the United Kingdom;
(a)as a student,
for the purposes of the immigration rules."
(1) The following procedures are prescribed in relation to an application for which a form is prescribed by regulations 3 to 14;
(b) the application shall be accompanied by such documents and photographs as specified in the form; and
(c) each part of the form shall be completed as specified in the form."
(1) A failure to comply with any of the requirements of regulation 16(1) to any extent will only invalidate an application if:
(a) the applicant does not provide, when making the application, an explanation for the failure which the Secretary of State considers to be satisfactory,
(b) the Secretary of State notifies the applicant, or the person who appears to the Secretary of State to represent the applicant, of the failure within 28 days of the date on which the application is made, and
(c) the applicant does not comply with the requirements within a reasonable time, and in any event within 28 days, of being notified by the Secretary of State of the failure."
The material facts on the first issue
"SECTION 8 - DOCUMENTS AND PHOTOGRAPHS
For your application to be valid and complete, you must provide the documents and photographs listed in this section which are relevant to your application. Tick the boxes next to the relevant items to show the documents and photographs you are providing ..."
Then one of the boxes ticked is the last box and that provides this:
"Evidence of your finances. Documents such as bank statements, building society savings book(s), pay slips or other formal documents as evidence of your ability to meet the costs of your course and to maintain and accommodate your self and any dependants without taking employment or engaging in business, or having recourse to public funds. If a relative or friend is supporting you, please provide a letter from him/her confirming this together with bank statements or other documents of the kind described above as evidence of their financial situation. See Note 4 below.
Note 4: The document showing the finances available to you and/or the person supporting you should cover at least the last 3 months ...".
"Dear Mr Haq.
Re: Mr Fazal E Haq Pakistan 25 August 1979.
APPLICANT FOR LEAVE TO REMAIN IN THE UNITED KINGDOM
Thank you for your application to remain in the UK. For the reasons set out below, we are returning the application form and documents received from you. Please read this letter carefully to ensure that your application proceeds:
The Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2007 prescribe forms which must be used for applications for limited or indefinite leave to remain in the United Kingdom.
The Regulations also prescribe the procedures which must be followed in relation to such applications, as follows:
(a)the form must be signed and dated by the applicant ...
(b) the application must be accompanied by the relevant photographs and documents specified in the form.
(c) Each part of the form must be completed as specified in the form.
Your application for limited leave to remain in the United Kingdom which was posted on 28/12/07 does not comply with the above mentioned requirements for the reason(s) indicated next to the box(es) ticked below."
Ticked below is this box:
"You have not provided all the photographs and documents that are relevant to your application as specified in the Documentary Evidence section of the form. The missing item(s) is/are identified by a red cross to it/them in the relevant part of the form." ...
We are therefore returning your application to you. In order to ensure that your application proceeds, you must return the application using the enclosed return address label. If you do not return your application within 28 days in a manner that complies with all the above-mentioned requirements, the application will be invalidated and the fee (if any) will be refunded. In that event, if you still wish to apply for leave to remain in the United Kingdom, you will have to make a new application. Making a new application at a later date could affect appeal rights, as you will only have a right of appeal against the eventual decision if the application is made before the end of an authorised stay in the United Kingdom ..."
Analysis - first issue
"a failure to comply with any of the requirements of regulation 16(1) to any extent will only invalidate an application if the 17(1)(a) to (c) criteria are met".
The defendant's case is simply: (1) there was a failure to comply with 16(1)(b); (2) the 17(1)(a) to (c) criteria were met; and (3) therefore the application is invalid.
"For your application to be valid and complete, you must provide the documents and photographs listed in this section which are relevant to your application. ..."
Therefore, the lack of validity of a form which does not so comply is made clear on the face of the form and Regulation 17(1). It is set out in Regulation 16(1)(b) and the safeguard is in Regulation 17(1), whereby the form will only be validated if the three criteria are met, which they were in the present case. It seems to me that that is the end of the matter on the claimant's first submission. However, I was referred to the decision in Campbell v the Secretary of State for the Home Department  EWHC 261 (Admin). That was a decision of Maurice Kay J, as he then was, dealing with invalidity of an application form, obviously prior to the 2007 Regulations. He said this at paragraphs 11 and 12:
"11. In my judgment, it cannot be said that the application form complied in all respects with the formal requirements imposed by the form itself and with the specifications made clear by the form. Nor, in my judgment, can it properly be said that there was substantial compliance. Moreover, I find that there is no developed doctrine of substantial compliance in this area. Miss Collier relies on the case of Sithole v Secretary of State for the Home Department, a decision of the Immigration Appeal Tribunal notified on 9th August 2000, in which Collins J effectively held that there was no doctrine of substantial compliance in this area and that the requirement in relation to the filling and submitting of forms are very stringent. He reached that decision placing some reliance on the earlier case of The Queen v The Secretary of State for the Home Department ex parte Immigration Law Practitioners Association  IAR 189. He also placed importance on the fact that the Immigration Rules are not purely rules of procedure, they are rules "which are laid down to govern the practice to be followed in the regulation of entry into or stay in the United Kingdom", adding that Rule 32 "is, in our judgment, as clear as it could be.
12. On behalf of the claimant, Mr Muquit seeks to rely on a passage in Macdonald, Immigration Law and Practice, fifth ed, at paragraph 4.8, referring to "the draconian consequences of non-compliance", and suggesting that the appellate authority should lean in favour of the doctrine of substantial compliance "whenever reasonably possible." That suggestion is unsupported by authority and makes no reference to the case of Sithole. It is, in my judgment, no more than a suggestion."
(1) Campbell is not binding on me.
(2) Nevertheless, Maurice Kay J made it clear that there is no doctrine of substantial compliance in this area.
(3) The warning referred to in Campbell was a note to the then form stating:
"We are unlikely to grant your application unless the documents establishing the financial resources available to you cover the last three months."
(Although the warning is not the same on the 2007 form, nevertheless there is a clear warning at the top of page 11, section 8 of the form.)
(4) There is the yet further protection of the three criteria in Regulation 17(1), which have to be met before a form can be treated as invalid.
(5) Regulation 17(1) makes it clear, on its face, that an application will be invalid if there is a failure to comply with any Regulation 16(1) requirement, so long as the three Regulation 17(1) criteria are fulfilled.
(6) In short, even without the case of Campbell, I would have no hesitation in rejecting the claimant's argument on this point. Having regard to Campbell it does, however, strengthen, rather than weaken, the defendant's case.
"5. On 10 September 2007, her application to remain as a spouse was rejected. The sole reason given for the rejection was that although a cheque had been submitted with the application the bank had returned the cheque unpaid, because there were insufficient funds in the claimant's account. Promptly after receiving that refusal, and after the Christmas holiday, the claimant resubmitted the application this time with a cheque that was cleared by the bank. The application was resubmitted on 29 December 2007.
6. On 4 February 2008, that application was refused. The sole reason given for the refusal was that the application had been made when the applicant's leave to remain had expired. Similar reasons were given in respect of the applicant's daughter. Of course the only reason why leave had expired was because the earlier application, which had been made when leave had not expired, was invalid for the sole reason that the bank had not cleared the cheque.
7. As was observed by Dobbs J, that decision was in accordance with the rules. The rules make it clear that if the fee does not accompany the application, and/or the cheque that accompanies the application is not subsequently met by the bank, then there is not a valid application. In terms of the rules it can fairly be said that the decision was impeccable. That, of course, is not the end of the matter. The defendant is given a discretion, and she is given a discretion on the basis that it will be exercised with a modicum of intelligence, common sense and humanity. It might be asked, in these circumstances, what possible reason there could have been for not exercising the discretion in this claimant's favour. Certainly it is apparent from the letter of 11 April 2008 that no consideration whatsoever was given to the impact of removing the claimant and her daughter upon their family life, and upon the family life of the claimant's husband."
"I have just received my application yesterday and come to know that you have returned my application for some more information. You have mentioned that not enough passport size pictures were provided. Unfortunately I was unable to send my application with in specified time period as I just received my papers today.
I am sending you back my application after careful inspection. I already have provided my Passport size pictures attached at the front of my application and have provided the source of finance. (Find attached the bank statements and covering letter from my financer.)
I am sending you another application with my original application and have a humble request to consider my original application and grant me leave to remain to complete my remaining studies. You can deduct my fee from the details of credit card provided in the original application."
He then deals with what he is then studying and says:
"Due to busy time schedule for ICAEW exams I was unable to attend some of my classes of my Masters Degree programme. ...
Then he finishes:
"I have a very humble request to pay my application your kind consideration and provide me the opportunity to complete my studies to aspire my dreams."
"evidence of your ability to meet the costs of your course and to maintain and accommodate yourself and any dependants without taking employment or engaging in business, or having recourse to public funds."
Second issue in summary
The Immigration Rules relevant to the second issue
"6. In these Rules the following interpretations apply:
"a bona fide private education institution" is a private education institution which:
(a) maintains satisfactory records of enrolment and attendance of students, and supplies these to the Border and Immigration Agency when requested;
(b) provides courses which involve a minimum of 15 hours organised daytime study per week;
(c) ensures a suitably qualified tutor is present during the hours of study to offer teaching and instruction to the students;
(d) offers courses leading to qualifications recognised by the appropriate accreditation bodies;
(e) employs suitably qualified staff to provide teaching, guidance and support to the students;
(f) provides adequate accommodation facilities, staffing levels and equipment to support the numbers of students enrolled at the institution; and
(g) if it offers tuition support to external students at degree level, ensures that such students are registered with the UK degree awarding body."
"57. The requirements to be met by a person seeking leave to enter the United Kingdom as a student are that he:
(i) has been accepted for a course of study, or a period of research, which is to be provided by or undertaken at an organisation which is included on the Register of Education and Training Providers, and is at either;
(a) a publicly funded institution of further or higher education which maintains satisfactory records of enrolment and attendance of students and supplies these to the Board and Immigration Agency when requested; or
(b) a bona fide private education institution; or
(c) an independent fee paying school outside the maintained sector which maintains satisfactory records of enrolment and attendance of students and supplies these to the Border and Immigration Agency when requested; and
(ii) is able and intends to follow either:
(a) a recognised full-time degree course or postgraduate studies at a publicly funded institution of further or higher education; or
(b) a period of study and/or research in excess of 6 months at a publicly funded institution of higher education where this forms part of an overseas degree course; or
(c) a weekday full-time course involving attendance at a single institution for a minimum of 15 hours organised daytime study per week of a single subject, or directly related subjects; or
(d) a full-time course of study at an independent fee paying school ..."
By paragraph 60 of the Immigration Rules:
"Requirements for an extension of stay as a student
(ii) meets the requirements for admission as a student set out in paragraph 57(i) - (viii)"
Second issue: the legal point
The second issue: the factual point
"Caseworkers should note that the definition of a bona fide private education institution in paragraph 6 of the rules should not be used to refuse an application for leave to remain as a student where adverse information about an institution comes to light during the consideration of an application. As long as the institution appears on the Register of Education and Training providers, the applicant should not be refused leave on the basis that he is not attending a bona fide private education institute."
The defendant denies any presumption and relies upon paragraph 11 of the statement, dated 13 January 2009, from Tom Gammons, a senior case worker for the UK Boarder Agency. In paragraph 11 Mr Gammons says:
"... prior to 1 November 2007, bogus colleges were able to seek to be registered without any pre-regulation checks."
"The evidence of deception should be clear and unambiguous in order to initiate action under section 10. Where possible, original documentary evidence, admissions under caution or statements from two or more witnesses should be obtained which substantiate that an offence has been committed before authority is given to initiate action under section 10 of the 1999 Act. The deception must be material - in other words, had the officer known the truth, the leave would not have been given. The evidence must always prove to a high degree of probability that deception had been used to gain the leave, whether or not an admission of deception is made. The onus - as always in such situations - is on the officer making the assertion to prove his case."
"1. This report relates to an operation which took place on 4th October 2007. Information had been received that Monteagle College and Lloyds College operated from the above address and that those who ran these establishments were involved in the facilitation of illegal entrants into the United Kingdom posing as bona fide students. A magistrate's warrant was sought from and granted by Uxbridge Magistrates' Court on 3rd December 2007 under Section 28D of the Immigration Act 1971.
2. Approximately 11.45 hours on 4th October Immigration Officers from the Eaton House Arrest and Criminal Investigation teams arrived at that address. They were accompanied by members of Eaton House Joint Intelligence Unit, seconded Metropolitan Police Officers, HM Revenue and Customs intelligence officers and a representative of the Trading Standards Office. The sixth floor was immediately secured and the operation commenced.
3. It was immediately apparent that no education was being provided at the establishment. Throughout the operation only one 'student' was encountered and he had simply attended to hand in some letters as requested. The establishment itself comprised of two officers and two classrooms. The classrooms were equipped with approximately 15-20 chairs with foldover desk sections. There was no sign of any IT equipment in either room and it appeared that no instruction had been delivered in the recent past.
4. In one of the offices information came to light that a third college, Edwards, was being run by the same individuals from the premises. Between both offices and spanning all three colleges evidence was gathered which proved that the three colleges were creating bogus student status for in excess of 650 individuals. Amongst the evidence collected were blank certificates from various universities in the UK, Republic of Ireland and the United States. These were all pre-signed and only awaited the completion of the student details. The certificates indicated that the colleges were affiliated to the various universities. In addition, stamps and embosses from the universities were also discovered which would obviously be added to the certificates before being given/sold to the students for them to then forward to the Home Office as proof of their achievements. Fictitious attendance sheets were found indicating that all students registered had attendance records sufficient to persuade the Home Office that any requested extensions of leave to remain should be granted.
5. Information was also discovered relating to members of staff who all appeared to be related to the directors of the establishments. Salaries indicated suggested earnings in the region of £45k to £55k for tutors and lecturers. However, as stated earlier, there was no trace of any lectures or tutorials taking place and these papers were handed to our colleagues from HM Revenue and Customs to investigate. All student records were seized and are being individually bagged as evidence at this time. (On the day it would have been impossible to carry out this task and they were therefore sealed in large evidence bags to be transported to the Crime Team offices). It is hoped that there is sufficient evidence that all of the registered students have gained their leave to enter or remain by deception and can be dealt with administratively as such.
6. Further documentation was found and is still being investigated which suggested that the directors of the colleges were involved in obtaining employment for their 'students' as an added bonus. It may be that some are employed within the security industry.
7. Two individuals were arrested on the day. The first was a Mr Tariq MAHMOOD, born 07/02/1974 a Pakistani national. He gave false personal details when first encountered but made the error of leaving papers on the desk in front of him bearing his photograph and genuine details. In the interim he made several claims to Immigration Officers with regard to his current situation. He stated that he was employed as an administrator for Edwards College but his term of employment ranged anywhere between 10 days and 3 years. When his true identity was confirmed he was arrested under the Immigration Act with a view to removing him as an overstayer in the UK. However, investigations carried out by members of the Eaton House Crime Team revealed that MAHMOOD had,in 2006, submitted an application for indefinite leave to remain in the UK based on long residence. He had compiled a dossier which seemed to indicate that he had first entered the UK in 1991. Investigation of the documents contained in the dossier revealed that the solicitors' letters had been forged, Home Office letters had been produced for a reference which did not exist and that MAHMOOD'S doctor had provided him with a letter some two years after he had sadly passed away. On 2nd November 2007 at Croydon Crown Court, MAHMOOD pleaded guilty to one charge of seeking to obtain leave to remain by deception. He was sentenced to 9 months imprisonment.
8. The second individual arrested was also a Pakistani national named Dilshad PATHAN, born 13/12/1968. When initially encountered he also gave a false identity. Checks of Home Office records revealed that no one that of identity existed on record. Evidence was then recovered that linked PATHAN to both Monteagle and Lloyds Colleges, he being the director of the former. In this individual's case a decision was taken to effect an administrative removal on him, his wife and daughter. All three were served papers as persons who had obtained leave to remain in the UK by deception. All three were subsequently removed to Pakistan on 15th October 2007.
9. To summarise:
a) No students were encountered despite records existing for in excess of 650.
b)The only members of staff encountered both lacked any credibility.
c) The false certification and attendance sheets indicated that students had been provided with 'leave to remain kits' for a price.
d) As no education was being provided, none of the students can be looked upon as other than individuals who have gained leave to enter or remain by deception."
"12. Immigration Officers ("IO") Giachian and Halfpenny carried out and reported on Operation Acarus and, at the request of my team, prepared the report exhibited at TG3, referred to above, for use in evidence."
I interpose that TG3 is Mr Halfpenny's report, which I have just read:
"12. Further to the report being provided to me, IO halfpenny was contacted to ascertain the state of alleged colleges. He has confirmed that it was readily apparent that no education was or could conceivably have been provided at the address, given the state of the premises. The premises purportedly housing not one but three colleges consisted of two small classrooms void of educational or information technology equipment and two small offices. Both offices were occupied and were being used to prepare "student packages" to assist individuals gaining leave to remain/enter by deception by falsifying attendance records, progress reports and forging qualifications attained. At this time, these packages are impounded as evidence in criminal investigations against the heads of the said colleges and as such cannot be exhibited hereto, albeit should the Court require sight of these in the context of these proceedings, enquiries can be made as to obtaining these on a temporary basis. Blank University, certificates, stamps, embosses and falsified attendance records found on the premises also revealed that those purporting to run the Colleges were forging documents to assist individuals gaining full-time employment and working illegally whilst registered as a student.
13. IO Halfpenny is clear that any reasonable person who entered the premises would be in no doubt that no education was, or could be provided in the accommodation and that it was not a genuine educational establishment. Amongst other courses, the colleges advertised Bachelor of Computer Sciences, Bachelor of Information Technology, Diploma in Information Technology and MSc Management Information despite not having any computer terminals in either of the small classrooms. Furthermore, no tutors were employed at or by any of the alleged colleges. This was confirmed by one of the individuals encountered on the day of the investigation, Dilshad Pathan. Mr Pathan was linked to both Monteagle and Lloyds Colleges, he being the director of the former. On the basis of the evidence found at the address; the state and nature of the accommodation; the lack of educational equipment; and the statement of Mr Pathan (exhibited at TG4), it was evident that none of the educational opportunities advertised could have been provided by any of the three purported colleges and that all records of attendance and qualifications were falsified.
14. From the documentary evidence of blank certificates, embosses, stamps and attendance sheets, referred to above, that were found at the registered premises, it is clear that all attendance records for Monteagle College, Lloyds College and Edward College were falsified as were all qualifications attained and that there had never been tutors at the college.
15. Clearly the reason that UKBA provides for the grant of leave, or further leave, to remain in the UK as a student is for a foreign national to obtain a rewarding education and trading expense in the UK amongst others. However, for any individual to obtain such leave by way of registering at an establishment that is devoid of educational equipment, functional classrooms, tutors or teachers, and in which seemingly the sole purpose for existing and only productivity is falsifying results for courses not undertaken, thereby providing a false basis for immigration status, is outright deception."
The claimant's case:
"16. Even if the Claimant did not carry out any enquiries before he enrolled at Lloyds College, he claimed in his November 2006 application to have been enrolled at the college since 20 April 2006, and to have attended regularly. Based on the information gathered from Operation Aracus, any person setting foot in the registered premises of Lloyds College must have known immediately that it was not a genuine learning establishment.
17. In his application for further leave to remain to study at Lloyds College of 30 November 2006, the Claimant said that he had enrolled for a Masters in Business Administration qualification at Lloyds College, beginning on 20 April 2006 and due to complete in October 2007. He submitted documentation including an enrolment letter, details of purported progress and examination results, and his claimed attendance level had been 87%. As the college was then registered with DIUS, leave to remain was granted by UKBA in good faith.
18. Evidence found during the enforcement visit showed that this type of qualification had been falsified by the colleges, as had the attendance records seized from the premises. In his statement of October 2007, Mr Pathan also admitted that the college had not been genuine."
"Paul - I have now located the VRB containing CIO Gaichan's Q and A with the director of the colleges Dilshad PATHAN. The questioning went as follows.
Q. name, date of birth and nationality?
A. Dilshad PATHAN, PAK 13/12/68.
Q. Your position here?
A. Partner at Lloyds and Monteagle.
Q. who else works at Lloyds and Monteagle?
A. Farukh HUSSAIN, partner of firm, Yasir FAROOQUE, partner of firm, Zobi NAWAZISH, admin, Salia RASOOL, admin and that's all.
Q. has anyone else worked for Lloyds or Monteagle in the past six months?
Q.Have you ever studied at Lloyds?
A. I finished this June.
Q. Whilst you were the partner?
Q. Who is N Khan?
Q. How long have you been partner at Lloyds?
A. Since September 2006.
Q. The application made to the Home Office for HMSP visa was supported by N Khan at Lloyds.
A. I don't know.
Q. Do you know N Khan?
Q. Why did he sign a letter you sent to HO confirming your certificate was genuine?
A. I don't know.
Q. Did you write that letter?
Q. Who did?
A. I don't know.
Q. How much money did you earn from your operations at Lloyds and Monteagle?
A. £40,000 after tax.
Q. That's around £3,000 a month.
Q. Why did you tell the HO in your application that you only earned £1000?
A. I don't know.
PATHAN signed each answer given to indicate that it was a true record of what he said. Although it does not indicate directly that no tutoring was taking place, you have to ask yourself why the other partners, HUSSAIN and FAROOQUE have not as yet been in touch with the Home Office asking what has happened to their colleges. We have an admission that bogus letters were being signed by a person unknown even to one of the partners. Why would a genuine establishment do that?
With approaching 700 students on their books the two small classrooms were wholly inadequate for the purpose.
Amongst other courses they advertised were Bachelor in Computer Sciences, Bachelor in Information Technology, Diploma in Information Technology, MSc in Management Information System and MSc Computer Networking. Without a single computer terminal in either small classroom these qualifications would be quite difficult to achieve by my reckoning.
I hope this helps although I suspect it is not what you had hoped for.