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Appeal dismissed by AIT

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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bogaboga
Newly Registered
Posts: 2
Joined: Sun Feb 14, 2010 12:05 am

Appeal dismissed by AIT

Post by bogaboga » Sun Feb 14, 2010 12:28 am

Hello,

Got a letter today from AIT stating "appeal dismissed". The letter also mentions I could apply to appropriate court to review Tribunal's decision.

Applications should be made within 5 days. My question is how do I appeal against it? What should be my next step?

Background: Initially the PSW was rejected because the application was made on 28th OCT and funds were only available from 5th AUG.

Appeal was made and new bank statements were sent to be considered. The new evidence, stated funds were available from 31st JUL. Which makes it short of 3 days (per their claim). After having a hearing on paper I have received another dismissive reply.

I have been given 5 days to appeal. And an address is provided to make an application. So what do I do next? I would like to make another appeal for further reconsideration.

Thx.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Sun Feb 14, 2010 12:40 am

The next step is to apply for High Court in the given 5 days.
Immigration Directorate Instructions > Chapter 12 > Appeals > Section 4 > Annex B: Onward rights of appeal.

regards

PostMan
Member
Posts: 146
Joined: Mon Jan 11, 2010 6:22 am

Re: Appeal dismissed by AIT

Post by PostMan » Sun Feb 14, 2010 5:59 am

bogaboga wrote:Hello,

Got a letter today from AIT stating "appeal dismissed". The letter also mentions I could apply to appropriate court to review Tribunal's decision.

Applications should be made within 5 days. My question is how do I appeal against it? What should be my next step?

Background: Initially the PSW was rejected because the application was made on 28th OCT and funds were only available from 5th AUG.

Appeal was made and new bank statements were sent to be considered. The new evidence, stated funds were available from 31st JUL. Which makes it short of 3 days (per their claim). After having a hearing on paper I have received another dismissive reply.

I have been given 5 days to appeal. And an address is provided to make an application. So what do I do next? I would like to make another appeal for further reconsideration.

Thx.
Continuous appeal and so on may be wasting time, as their initial decision might be what you will always get. I can see a slim chance, unless you have money back home.
I would suggest going back home and apply from their if your qualification still have sometime.

Alternatively, unless you want to appeal in High court and then submit a new application in another category.

See an OISC adviser immediately.

bogaboga
Newly Registered
Posts: 2
Joined: Sun Feb 14, 2010 12:05 am

Post by bogaboga » Tue Feb 16, 2010 2:30 pm

OISC ?

PostMan
Member
Posts: 146
Joined: Mon Jan 11, 2010 6:22 am

Post by PostMan » Tue Feb 16, 2010 6:14 pm

bogaboga wrote:OISC ?
YES See this link for more details
The Office of the Immigration Services Commissioner (OISC)

http://www.oisc.gov.uk/immigration_advisers/

TheSpread
Newbie
Posts: 31
Joined: Wed Feb 17, 2010 12:00 am

Refusal of PSW :(

Post by TheSpread » Wed Feb 17, 2010 12:28 am

Mine has been dismissed for an almost similar reason as you. There was a point when funds were low. I did not realise that a formal student overdraft can not be accounted as Funds. In the guidance it does not state this (it says instruments like sharesm bonds, pesion funds cannot be included but nothing to do with overdrafts). If I had known this would be a problem I would have done things differently but there is not a place on the immigration information that it states anything about overdrafts...I assumed these would be included under current accounts and loans. Unfair anyway. And more so my bank statement which does date for 3 months but not exactly from date to date (5 days missing from the beginning).

So would the best option be simply to make an appeal expalining what I have said or seek legal advice?

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