Judicial review

ceejayblackman · Post by **ceejayblackman** » Fri Jan 28, 2011 5:14 pm

I applied for my tier 1 general in october 2010, provided all needed document as requested by the UK agency. My application was refused reason given that my previous earn was not complete to earn me the 25 point to make up 80point needed in section A.
From my calculation my earning was above the required ,but the UK Agency reasons were
1. That I provided a electronic copy of my bank statement and each page where not stamped,so due to that myself employed could not be taken into account.
But I know the statement was not stamped on each pages,but I provided a duplicated of my statement and a covering note from the issuring bank with a letter headed. And this was stated in the guidiance note that you can provide a copy of your bank statement but the bank must include a covering note to satifiy its authenticity (which I did) or alternatively you stamp all pages.
The case worker decided to refuse me based on not stamping and forgetting the coveering letter which was plainly writting.
i can not appeal because I still have a valid stay and I cant not reply because my maintaince is short off the required .

Can any one tell me what I can do to over turn this wrongful decision.

Thank you
Blackman

Post by **geriatrix** » Fri Jan 28, 2011 5:24 pm

Though the text below is from the current guidance, I believe this statement appeared without any changes in the guidance applicable at the time of application (October 2010).

Tier 1 (General) policy guidance wrote:139(ii) Personal bank statements showing the payments made to the applicant: Bank statements provided must be on official bank stationery, and must show each of the payments that the applicant is claiming. If the applicant wishes to submit electronic bank statements from an online account he/ she should also provide a supporting letter from the bank on company headed paper confirming that the documents are authentic. Alternatively an electronic bank statement bearing the official stamp of the bank issuing the statements will be accepted. This stamp must appear on every page of the statement. For the purposes of this guidance an online bank account is one that operates solely over the internet and sends their bank statements to their customers electronically (for example over the internet or via email).

So was your account an "online account"?

regards

ceejayblackman · Post by **ceejayblackman** » Fri Jan 28, 2011 8:10 pm

sushdmehta wrote:Though the text below is from the current guidance, I believe this statement appeared without any changes in the guidance applicable at the time of application (October 2010).
Tier 1 (General) policy guidance wrote:139(ii) Personal bank statements showing the payments made to the applicant: Bank statements provided must be on official bank stationery, and must show each of the payments that the applicant is claiming. If the applicant wishes to submit electronic bank statements from an online account he/ she should also provide a supporting letter from the bank on company headed paper confirming that the documents are authentic. Alternatively an electronic bank statement bearing the official stamp of the bank issuing the statements will be accepted. This stamp must appear on every page of the statement. For the purposes of this guidance an online bank account is one that operates solely over the internet and sends their bank statements to their customers electronically (for example over the internet or via email).
So was your account an "online account"?

regards

Thank you for your recently send information regarding the electronic statement and online account. I will like to state this and electronic print out i any printout printed from an electronic means.I requested for a copy of my statement from my bank and they printed out an electronic copy and duplicate which a covering letter to authenticate the statement. Also my account could be acessed via internet and also bank counter system. This is what it stated:
If you wish to send electronic bank statements from an online account you should also send a supporting letter from the bank on company headed paper confirming that the documents are authentic. Alternatively, electronic bank statements with the official stamp of the bank that issued the statements will be accepted. The stamp must appear on every page of the statement it never said strictly online account for we all know an account in the uk are both online and walk in.

Post by **geriatrix** » Fri Jan 28, 2011 8:16 pm

In other words, yours is not an online account!

ceejayblackman wrote:it never said strictly online account for we all know an account in the uk are both online and walk in.

The way I understand it, it says so pretty clearly and strictly - making a distinction between the two types of accounts (as is in reality). But we may differ on our inference here, which is understandable!

UKBA (in-country and overseas) seems to be pretty much consistent in their interpretation of the statement, which you'll observe, if you search for posts mentioning refusals on similar bases.

Irrespective, the question is whether the judge will interpret the requirement my way or yours? Unknown .. until you seek his legal opinion through JR.

regards

ceejayblackman · Post by **ceejayblackman** » Fri Jan 28, 2011 9:00 pm

sushdmehta wrote:In other words, yours is not an online account!

ceejayblackman wrote:it never said strictly online account for we all know an account in the uk are both online and walk in.
The way I understand it, it says so pretty clearly and strictly - making a distinction between the two types of accounts (as is in reality). But we may differ on our inference here, which is understandable!

UKBA (in-country and overseas) seems to be pretty much consistent in their interpretation of the statement, which you'll observe, if you search for posts mentioning refusals on similar bases.

Irrespective, the question is whether the judge will interpret the requirement my way or yours? Unknown .. until you seek his legal opinion through JR.

Thank you for your reply, Just a question for you if you have an account that can be accessed online and can also go to the bank to get a statement ,if you requested for a copy of your account statement from the bank via the phone an they now printed it out from their online system and also sent a covering not on the bank letter headed,from your point of view is that not an electronic copy and the letter attached is meant to authenticate its authenticity.

regards

mulderpf · Post by **mulderpf** » Sat Jan 29, 2011 5:51 am

The provision for online accounts was made for accounts where the bank doesn't have proper old-school branches. The fact that you can access your account via internet banking doesn't make it an online account - otherwise all accounts would fall into this category and there's no point in specifying "online account". In the UK I believe that smile.co.uk is an example of a bank with such accounts.

Furthermore, if you requested a copy of your account statement on the phone, then you should request that it's printed on bank stationery (as per the first part of the guidance not covering online accounts).

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