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新西兰留学签证拒签申诉陈词样例
SUPPLEMENTARY NOTES FOR
STUDENT VISA
APPLICANT : MS A
[A] EVENTS LEADING TO THIS APPLICATION
In Apr 1999, Ms A attended a seminar hosted
by xxx Girls High School and us in Zhengzhou,
Henan. She and her parents were later interviewed
by Mrs xxx, the Deputy Principal of xxx
Girls.
She was considered a suitable student and
was given a Letter of Offer. . Her application
was lodged on 29 Apr 1999 and was given
an application reference number xxx. Her
request was refused on 16 Jul 1999 and the
reasons for the refusal was given as:
"Although you have provided funds in
support of your application, based on your
family's combined income, it is considered
that you have insufficient means to maintain
long term studies in New Zealand."
Her second application was lodged on 14
Sep 1999 and was given an application reference
number xxx. The application was again refused
and Schedule 14A contains the official reasons
in the second refusal. As can be seen, the
reasons given were non-specific and the
letter was couched in general terms. Schedule
15A is the copy of the Decision Notes that
you were kind enough to provide me in our
subsequent meetings.
According to the Notes, the visa officer
based her decision on the following points:
(1) Result of her telephone enquiry indicated
that the parents did not go to work at the
furniture store regularly.
(2) The wages figure contained in the balance
sheet provided by the father were not consistent
with the salary sheets. She therefore came
to the conclusion that one of the two documents
must have been falsified.
(3) Name cards of the father's partners
and price lists submitted were considered
irrelevant to the case. The visa officer
indicated that the parents did not produce
their own name cards and the employer's
letter was not written on proper letterheads.The
visa officer considered that the bank deposit
books should be stamped by two employees
from the bank, but one book had only one
stamp.
The officer also discovered that a person
by the name of B who is supposed to work
at the bank was on the list of employees
of the company.
[B] OUR BRIEF REPLY
Going through the various documents contained
in the file and looking at the second visa
officer's rejection, I have to admit that
the documentation produced together with
some of the findings of the visa officer,
do lead one to conclude that there are certain
aspects of doubtful circumstances.
We would however, like to address the various
points raised by the visa officer to clarify
matters and to demonstrate that our client
satisfies the present requirements and should
be eligible for the issue of a student visa.
We shall now proceed to deal with the various
points one by one as follows.
[C] THE CASE OF THE ABSENT BOSS
In reply to the query from the visa officer
handling our first application, we had submitted
an Organisation Chart of the father's business;
a copy is enclosed at Schedule 4A. As can
be seen, the furniture store is the retail
arm of the trading company of which the
father is the Legal Representative. Apart
from the furniture business the company
is also involved in other trading activities.
As the furniture business has been reasonably
well established, the father does not report
to the retail store on a daily basis.
There are quite a number of sales personnel
in the retail store and given the relatively
quick staff turnover, which is the norm
of the sales industry and the difference
in age, sex, cultural standards and individual
personalities of the staff, it is possible
that the telephone enquiry was received
by a relatively new member who did not know
too much about the organisational structure
of the company and who was not a proper
person to answer such an enquiry.
We do admit that the father does not go
to the retail shop everyday, but that does
not mean that he is not involved with the
business. In this regard, we have already
given you a copy of the company's Trading
License confirming that the father is the
Legal Representative of the organization.
[D] THE CASE OF FALSIFIED INFORMATION
Schedule 5A contains copies of balance sheets
of the company, which you were kind enough
to provide when I visited your office. According
to the visa officer, the wages figure for
1997 and 1998 were $ 31,000 and $ 48,000
respectively but they were at variance with
salaries records because there were 13 employees
and the amounts indicated in the balance
sheets were much too low. I am afraid it
is a bit embarrassing for me to say this,
but I believe the visa officer has little
accounting training because one does not
extract expenses from Balance Sheets. One
looks for expenses in Profit and Loss Statements.
The figures given in the balance sheets
were accruals; in other words, they were
amounts outstanding at the date of the balance
sheets as unpaid wages. They are not total
amount of wages for the year. I am a professional
accountant, a qualified CPA in Australia
and I would request that you accept my explanations.
[E] THE CASE OF THE BUSINESS CARDS
The visa officer considered that production
of business cards of the father's partners
and price lists of the company were irrelevant
to the application. We wish to advise that
the business cards and the price lists were
some of the additional documents required
by the first visa officer; Schedule 16A
refers. Our submission might not have indicated
this and I do not blame the second visa
officer for feeling a bit puzzled upon receiving
those documents with no attached explanations.
The father of the student, being the Legal
Representative of the business is of course
in possession of business cards. The company,
being a trading company in nature, also
has its own letterheads. We apologize that
our previous documents issued by the company
were not printed on proper letterheads.
I believe their office staff must have been
a bit hard pressed for time in meeting lodgment
deadlines with the result that some of the
details regarding the company were not sent
to you on proper company letterheads. I
would venture to suggest that the mere fact
of such an omission should not be used as
a reason for rejection.
[F] THE MYSTERY OF THE TWO "BC's"
I must commend on the alertness of the visa
officer in picking up the fact that the
company bookkeeper's name was BC and one
of the two bank officials is also called
BC.
Life is full of surprises and coincidences
and this is certainly a case in point. I
do not for a moment question the wisdom
of the visa officer in doubting that the
two BC's are in fact one and the same person.
The reason is quite simple. There are just
too many coincidences.
Admittedly, given the large population in
China there are bound to be numerous examples
of people with the same names particularly
if we are talking about people with one
surname and one given name, as in our case.
But the surname of "B" is quite
an uncommon one, so is the forename of "C".
For two persons with the same names are
a coincidence but it is not unlikely, even
for rare names like BC.
Upon investigations, we noticed that both
ladies are living at the same address! Now
this will trigger alarm bells, but we have
been advised that the address is apparently
a compound housing over 100 people. For
two different persons with the same names
living in the same compound is surely a
coincidence that may create doubts on the
part of a suspecting visa officer.We have
been assured by our associates in Henan
that the two ladies concerned are two different
persons, and in support of this claim, they
have produced the 2 ladies' respective identity
cards at Schedule 7A & 9A. Also enclosed
at Schedule 8A, is copy of a letter from
the bank providing further details regarding
their BC.
We would suggest that our client's claim
be given the benefit of the doubt.
As regards the query that only one stamp
is used in one of the bankbooks, we have
been advised that while there are two columns
printed on the bankbook, some branches of
the bank use only one column. And it is
the practice of that particular branch,
whose bankbook was questioned by the visa
officer, to use only one column.
[G] OUR SUBMISSION
We hope we have demonstrated that through
some misunderstanding and certain unusual
coincidences, our client has been the victim
of two rejections, which have significantly
delayed her proposed departure for studies
in New Zealand.
We enclose updated Summary of Deposits of
the parents together with copies of bankbooks
and deposits. As can be seen at Schedule
11A to 13A, the family has liquid funds
in excess of RMB 771,600 and USD 21,197.
The young lady is going to study in New
Zealand for 5 1/2 years. Working on an average
of RMB 100,000 per annum, she will require
RMB 550,000. The family is in possession
of enough funds for the purpose.
As this is the third application, and given
the interesting nature of the case, we would
request that the student and her parents
be afforded an opportunity of an interview
in case you still require any further explanations.
[H] PREPARATION OF THIS SUBMISSION
This submission is prepared by Preston Chow
& Associates after consultation with
the parents and the student's father. We
have explained the contents of this submission
to the father in Chinese and requested him
to sign below to certify that he agrees
to the various points advanced above.
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