Victims of ETS Scam

jahubali · Post by **jahubali** » Mon Aug 10, 2015 2:32 pm

HI
EVEN I WON IN FIRST TIER TRIBUNAL BUT TODAY I RECEIVED LETTER FROM COURT THAT H.O APPLICATION TO APPEAL TO THE UPPER TRIBUNAL,I COMPETED MY 10 YRS AS WELL EVEN MY ILR CASE IS ALSO PENDING,

jahubali · Post by **jahubali** » Mon Aug 10, 2015 2:53 pm

Hi.
my name is ali,i applied for my Tier 1 entrepreneur visa on june 2013
with Toeic english certificate but my document was send back due to payment
issue,but wen i received my document passport was not there,Then i took
bank demand draft and resend my documents.i dint received any result from
H.O till june 2014.then i decided to switch over from Tier 1 to Tier 2(work
permit) with home office permission with priority service(which is supose
to be 10 working days)on june 2014,even then i dint get any response from
home office till august 2014,i a mean while i received a call from home
office saying that my passport was not there,they suggested me to take a
new passport,as am from India,i went to indian high commission to obtain
new passport and i got it in 4 wk time,i send the new passport to home
office even then i dint get any response from H.O Then i decided to contact my local M.P through him i received the removal
Order from H.O(for toeic).Then i applied in court i went for hearing on 7 july 2015 the Jurdge served on my favour,But unfortunately today i received letter from court saying that H.O for permission to appeal to the upper tribunal
WAT MY QUESTION
1.DID ANY ONE WON IN THE UPPER TRIBUNAL?
2.I COMPLETED MY 10 YEARS AS WELL EVEN MY APPLICATION IS PENDING IN
HOME OFFICE
IS THERE ANY ONE GONE THROUGH THIS SITUATION PLEASE CONTACT ME

THANK YOU SO MUCH FOR YOUR TIME

jahubali · Post by **jahubali** » Tue Aug 11, 2015 6:28 am

lucky007 wrote:
arifahsan wrote:Hi atmone
My first tier tribunal was also adjourned(Reason was shortage Judge) first time and made another date of hearing. I won the appeal and later they got the permission to appeal to the upper tribunal. My understanding Home Office don't want to accept any arguments for toeic issue. Be well prepared for hearing. Seems judge also very strictly approach regarding Toeic cases.
Just waiting for upper tribunal hearing date.
Thanks
Hey,

When home office got permission at ut I mean how long ur waiting for hearing date? I got permission 20th of may and still waiting for hearing date.

Hello Arifhasan
Even I won my first tier tribunal.but today I received the letter from Court that H.O application for permission to Upper tribunal.can any one give me some suggestion my mail id is xxxxxxxxxxxxxxxxxxxxxxx

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noorali26 · Post by **noorali26** » Wed Aug 19, 2015 7:58 pm

hi all i really need help I applied a tier 4 visa in march 2014 now im applied a JR coz they send me refusal called deception so my question is i applied JR in march 2015 and still waiting to het the permission my solicitor said wait could anyone tell me please how would long i waot to get the permission for Jr and hearing date ?? thanks
forgot to mention the case its toiec tier 4 student visa

arifahsan · Post by **arifahsan** » Mon Aug 24, 2015 2:25 pm

arifahsan wrote:Dear All

I won the appeal in first tier tribunal last may. After 4 days Home office permission to appeal against First tier tribunal decisions which is granted today.

Now my question are in upper tribunal hearing what sort of preparation do i have to take? Judge will see from the beginning(First tier tribunal) to end or just fresh claim?

Can i submit new evidence to upper tribunal?

Thanks in advance.
Arifahsan

Dear all,
Just received the determination letter from upper tribunal and judge dismissed the home office appeal agianst first tier tribunal judgement. Now want see home office will appeal court of appeal or not?
The decision was made by judge very straightforward and pointed out about my previous educational qualifications, achievements and family life.
Best of luck for all who really victims of ETS false allegations.
Regards
Arifahsan

mrizwan9 · Post by **mrizwan9** » Tue Aug 25, 2015 6:09 pm

Slam dear Arif
My flr fp has been refused due to Toeic issue.
I got right of appeal and report to home office every second week.
I really need your help.
I need to know about ur solicitor and grounds of appeal.

Many thanks

T1rre · Post by **T1rre** » Mon Aug 31, 2015 8:29 pm

Please help me ,
I have apply for judicial Review against my TOEIC case result for deportation , I have receive this toe letter from upper tribunal today , please advise me what action I can take now , and what exactly mean 'stuck'

noorali26 · Post by **noorali26** » Mon Aug 31, 2015 8:56 pm

when did u apply for judicial review also which letter upar tribunal send you ?

T1rre · Post by **T1rre** » Mon Aug 31, 2015 9:21 pm

We have apply for Judicial Review on December 2014 .

We got this reply today from upper tribunal, please advice me what action we need to take .
Upper Tribunal
Immigration and Asylum Chamber

Judicial Review

Notice of directions

The Queen on the application of

Muhammad Usman Binyameen
Applicant
V

Secretary of State for the Home Department
Respondent

AND All Other ''ETS''/ ''TOEIC'' Case

Direction of the president, The Mr Justice McCloskey,

(1) in Light of the recent Court of Appeal decision , the stay previously ordered in this case and in all kindred case viz those with an ETS/ TOEIC element is hereby terminated.

(2) the general prohibition on removal from United Kingdom is also terminated. With effect from 17 August 2015. This issue will thenceforth be the subject of executive and / or judicial decision on a case - by - case basic.

(3) The upper tribunal is in the process of transmitting to all judicial review applicants the attached sample notice.

Second Page........
Directions of the lawyer of the Upper Tribunal :-
---------------------------------------------------
Your case has been reviewed following decision of the court of appeal in Shiraz Mehmood & Shahbaz Ali & SSHD (2015) EWCA Civ 744 and the following direction are made.

(1) if the applicant considers that his case is merits, he is to lodge within 7 days from the date this order is sent amended ground ( with applicant fee) presenting his claim in the light of authorities binding on the tribunal.

(2) failure to comply with paragraph (1) will have the effect that this claim will stuck out automatically under ruler 8(1) (a),

(3) Costs reserved

Please note that tribunal will not consider it discourteous if you do not send in any reply in this direction, in order to allow paragraph (2) above to take its course.

T1rre · Post by **T1rre** » Mon Aug 31, 2015 9:58 pm

Re: Victims of ETS Scam
Postby Obie » Fri Jun 12, 2015 8:58 pm

further dissappointing judgement on ETS.

Judges ruled that JR is not the appropriate avenue, that appeal is the best, and appellant can only appeal after they have left the UK.

So much for the British Judiciary these days, especially in the Immigration field.

Gazi, R (on the application of) v Secretary of State for the Home Department (ETS – judicial review) (IJR) [2015] UKUT 327 (IAC) (27 May 2015)

---------------
I want to ask what action you have taken after this letter ?
Does home office give you any letter ?

Sumonnub2003 · Post by **Sumonnub2003** » Tue Sep 01, 2015 3:09 pm

Hi K4

Any updates about your application , and can u send me a mail plz , email

Thanks

Sumonnub2003 · Post by **Sumonnub2003** » Tue Sep 01, 2015 3:31 pm

Hi all,

Any one here had a interview about ETS already

hammad14 · Post by **hammad14** » Thu Sep 03, 2015 10:08 am

Hi All
Finally the TOEIC saga is over, the stay on all TOEIC/ETS cases both in court and home office has been terminated, the home office have started working on all cases we all will be receiving letters for an interview or straight decision from them soon, hope we all get our approval soon, if some of you already have received any letter or approval please share with us

thanks

Mike91 · Post by **Mike91** » Thu Sep 03, 2015 4:45 pm

hammad14 wrote:Hi All
Finally the TOEIC saga is over, the stay on all TOEIC/ETS cases both in court and home office has been terminated, the home office have started working on all cases we all will be receiving letters for an interview or straight decision from them soon, hope we all get our approval soon, if some of you already have received any letter or approval please share with us

thanks

Thank you for your post.Is this news is authentic dear Hammad? If so where you have obtain this news from.also is it any good for people who have got Judicial Review in the process ? Please do let me know.much appreacited .Thank you .

hammad14 · Post by **hammad14** » Thu Sep 03, 2015 6:08 pm

Mike91 wrote:
hammad14 wrote:Hi All
Finally the TOEIC saga is over, the stay on all TOEIC/ETS cases both in court and home office has been terminated, the home office have started working on all cases we all will be receiving letters for an interview or straight decision from them soon, hope we all get our approval soon, if some of you already have received any letter or approval please share with us

thanks
Thank you for your post.Is this news is authentic dear Hammad? If so where you have obtain this news from.also is it any good for people who have got Judicial Review in the process ? Please do let me know.much appreacited .Thank you .

Hi,
i know a guy whose case was on hold because of the stay on toeic, last week he received his decision i dont know about the Jr to be honest

K4 · Post by K4 » Mon Sep 07, 2015 2:26 pm

hammad14 wrote:Hi All
Finally the TOEIC saga is over, the stay on all TOEIC/ETS cases both in court and home office has been terminated, the home office have started working on all cases we all will be receiving letters for an interview or straight decision from them soon, hope we all get our approval soon, if some of you already have received any letter or approval please share with us

thanks

hi hammad14

I am not able to send you PM can you email me email and I will be happy to reply

Mike91 · Post by **Mike91** » Wed Sep 09, 2015 2:53 pm

All Toiec victims receiving letter from UKBA.which they asked if you have any credibility in your case .has anyone received such letter ?

Xam · Post by **Xam** » Fri Sep 11, 2015 11:46 pm

Mike91 wrote:All Toiec victims receiving letter from UKBA.which they asked if you have any credibility in your case .has anyone received such letter ?

No Mike I did . I've been waiting almost 11 months and 2 week

I applied SET(M)
I made a phone call to Home office on Friday. Advisor said '' Still in process ''

arifahsan · Post by **arifahsan** » Mon Sep 14, 2015 4:21 pm

Sorry guys another bad news from you all.

I received today letter from Upper tribunal and where mentioned Home Office seek permission to go for Court of Appeal!

So get ready for another Battle.

vinny · Post by **vinny** » Wed Sep 30, 2015 12:00 am

Court of Appeal dismisses ETS challenges.

Xam · Post by **Xam** » Wed Sep 30, 2015 2:59 pm

vinny wrote:Court of Appeal dismisses ETS challenges.

Hello Vinny,
Thank you so much for your update. I think its old judgement ( In August).
Please keep us update.
Kind Regard
Xam

uk2005 · Post by **uk2005** » Fri Oct 23, 2015 4:32 pm

Frind of mine got ilr 2years back under 10year got 2 son both British he did apply for his citizenship last March toady hot receive latter hand writing on home pad his ilr got cancelled leave no right to leave this country sad he was optain his t1 enterpenor 2012 use fake toeic.. Which left him very confused he pass his exam etc everything
What can he do now?
Obie please pm me if you know any good solicitors on this matter please so i will pass to him
Thanks

elaineraja · Post by **elaineraja** » Thu Oct 29, 2015 2:53 pm

hello guys . i am waiting of my decision since 24sep 2014 i won appeal against home office on english course . appeal was allowed now waiting of reply from home office , i extend my student visa in oct 2012 on etc , got visa for 30 months ,got married feb 14 ,APPLY SPOUSE visa feb14 with same English course and got refusal in june 2014 stated that they ukba cant find my English speaking score . i had right of appeal . went in court 24 sep 14 . home office had no proof against me , even i asked about any evidence in written when i submit my appeal but nothing was there , appeal was allowed with 5 days time period if either side want apply upper court against this decision,now 13 months gone, my solicitor keep calling Ukba even my local mp in contact with them but not reply .

thanks

elaineraja · Post by **elaineraja** » Thu Oct 29, 2015 2:56 pm

i can attach copy of my first tier tribunal decision where appeal was allowed many thanks

elaineraja · Post by **elaineraja** » Thu Oct 29, 2015 7:20 pm

Swkhan123 wrote:Hi All,

Just a message to say please don't give up hope. My husband had his spouse visa refused due to TOEIC on 11.11.14. We had our hearing on 02.06.15 and the judge has ruled in our favour on 22.06.15.

This thread has helped provide a helpful insight in what to expect during the court processes and it was a great help to me.

Good luck to all in this situation...

hello swkhan123
my husband applied spouse visa with same this english course last year and refused on same TOIEC reason, we had court hearing on 24th sep 14 which we won case against HO because they did not bring any evidence ,now 13 months gone we didnt receive anything from them , even they not challenge first tier tribunal decision , did you get anything after won your appeal, will be very thankful if you please reply ,, many thanks elaine raja

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