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   Web Issue 3239 August 29 2008   
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Graduate wins right to stay in UK after visa error
DAMIEN HENDERSONJuly 11 2008

A South African university graduate who faced deportation from Scotland because of a visa mix-up has won her battle to stay after a campaign led by her local church.

Josie Pasane, 25, arrived in the UK seven years ago with her mother and sister but, unlike them, did not apply for an extended visa because of what she claims was mistaken advice from immigration officials that she should apply at a later date.

She was ordered to leave the country by the UK Border Agency and later had an appeal against the decision turned down. However, after a meeting with officials from the agency in Glasgow yesterday she will be granted indefinite leave to remain in the UK.

The U-turn follows a campaign involving her church congregation in Broughty Ferry, near Dundee, and politicians. It was supported by Dundee Council. A petition signed by more than 3500 people calling for her to be allowed to remain in Scotland had earlier been handed to Immigration Minister Liam Byrne.

Ron Ferguson, The Herald columnist and religious affairs commentator who supported the campaign, last night welcomed what he called a "common sense" decision.

However, he added: "It does make you wonder about the number of cases in which there is no-one to speak up on behalf of those going through such circumstances."

Dundee MP Stewart Hosie said: "It is fantastic news for her and the family and I hope now they can get on with their lives.

"I understand the Home Office apologised to the family for any misunderstandings. I don't think the Home Office could have failed to recognise the feelings of the community through the petition."

Ms Pasane is expected to receive written confirmation of the decision in days. The family arrived in the UK in 2001 and they settled in Broughty Ferry, where mother Catherine Pasane works as a charge nurse with the elderly.

Josie went on to get a degree from Abertay University and her younger sister, Mammie, 22, is studying at Edinburgh University.

In 2004, the family decided to apply for permanent residence in Britain. They claim officials advised them if Mammie and her mother went through the £500-each process there and then, Josie could defer her application until her visa ran out in 2008.

Josie's application was refused in January this year. The family took their case to an Asylum and Immigration Tribunal in Glasgow in May but the immigration judge found he was not in a position in law to allow the appeal.

He did acknowledge that she had proven herself to be an "excellent member of society" and said it would take Home Office "discretion" to allow her to stay.

At the tribunal, a Home Office representative acknowledged that if she had made her application at the relevant time, it was likely it would have succeeded.

Following the hearing, Ms Pasane said: "I feel wonderful, knowing that I'll be able to stay with my mum and my sister. It's been a great day.

"Even people who did not know me have given me their support - that's just amazing."

She confirmed officials offered their apologies during the hearing.

The UK Border Agency said it could not comment on individual cases.


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