PSW on ACCA Fundamental Papers

Anyone got hearing date yet???

Here is an upper tribunal decision that has been reported today:

http://www.bailii.org/uk/cases/UKUT/IAC ... _2012.html

I find that there was no material error of law in the determination of the Immigration Judge.  I have considered the terms of the Rules.  It is quite clear that what is required in order to obtain points in the post-study work category is for the applicant to have a United Kingdom recognised degree, at Bachelor, Master or PhD level or one of the various other qualifications set out in Appendix A.  The appellant did not have a degree at Bachelor, Master or PhD level.  The argument that because the qualification  is  awarded by a UK recognised body and that the ACCA is a body which is found on the DIUS website and is therefore a recognised body is wrong. It does not follow that the fact that degree awarding bodies are found on the website that every body on that website is entitled to issue a degree.  That is a non-sequitur.

it is totally wrong decision because there is some error in the decision. lawyer from appellant suggested there is no definition in immigration rules about degree, which is totally wrong. there is definition in paragraph 6 of immigration rules about degree and that cover the degree requirement. neither representative cited that nor Immigration Judge has in their own effort consider that part.

[/[para 13- He stated that a degree was not defined in the Immigration Rules. In any event he relied on the judgment in Pankina which stated that guidance was not part of the Rules and that given that the guidance referred to the fact that all the United Kingdom universities and some higher education colleges were recognised bodies the ACCA must be a recognised body. He argued that the ACCA qualification was in fact the equivalent of a degree and therefore the appellant should have been awarded the required 20 ]

How exactly do you think the definition of a UK recognised bachelor degree in para 6 of the rules helps a person wanting to claim that ACCA fundamental papers are a UK recognised bachelor degree?

Hi Everyone,
I applied in March, Did biometrics in May, and got refusal in Sept.
The hearing was 2 weeks ago.
Recieved the decision yesterday.
Decision: Appeal Allowed.

Thank You ALLAH for Your Kind Blessings.
Now waiting for UKBA`s response, if they appeal against this decision in Upper Tribunal, then it will take long to know, otherwise they will contact me to submit my passport and will grant me Visa InshALLAH.
Normally I dont visit here much but I will update you guys as soon as any progress comes in.

khansforpeace wrote:Hi Everyone,
I applied in March, Did biometrics in May, and got refusal in Sept.
The hearing was 2 weeks ago.
Recieved the decision yesterday.
Decision: Appeal Allowed.

Thank You ALLAH for Your Kind Blessings.
Now waiting for UKBA`s response, if they appeal against this decision in Upper Tribunal, then it will take long to know, otherwise they will contact me to submit my passport and will grant me Visa InshALLAH.
Normally I dont visit here much but I will update you guys as soon as any progress comes in.

mashalla Congrats buddy.. really happy for you.. please pray for us aswell because ours hearing aswell in few weeks time..

Greenie wrote:How exactly do you think the definition of a UK recognised bachelor degree in para 6 of the rules helps a person wanting to claim that ACCA fundamental papers are a UK recognised bachelor degree?

http://webarchive.nationalarchives.gov. ... roduction/

degree level study" means a course which leads to a recognised United Kingdom degree at bachelor's level or above, or an equivalent qualification at level 6 or above of the revised National Qualifications Framework, or levels 9 or above of the Scottish Credit and Qualifications Framework.

"a UK Bachelors degree" means

(a) A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level; or

(b) A programme of study or research, which leads to a recognised award for the purposes of section 214(2)(c) of the Education Reform Act 1988, of a qualification designated by the awarding institution to be of Bachelors degree level.

http://www.legislation.gov.uk/ukpga/198 ... ed-degrees

214 Unrecognised degrees.

(1)Any person who, in the course of business, grants, offers to grant or issues any invitation relating to any award—
(a)which may reasonably be taken to be an award granted or to be granted by a United Kingdom institution; and
(b)which either—
(i)is described as a degree; or
(ii)purports to confer on its holder the right to the title of bachelor, master or doctor and may reasonably be taken to be a degree;shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2)Subsection (1) above does not apply as respects anything done in relation to any recognised award; and for the purposes of this section a “recognised award” means—
(a)any award granted or to be granted by a university, college or other body which is authorised by Royal Charter or [F1by or under]Act of Parliament to grant degrees;
(b)any award granted or to be granted by any body for the time being permitted by any body falling within paragraph (a) above to act on its behalf in the granting of degrees; or
(c)such other award as the Secretary of State may by order designate as a recognised award for the purposes of this section.

I personally don't see how that part of the immigration rules means PSW should be given to people with an ACCA qualification.

A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level;

you need to read the definition at least 10 or more times before you get the actual meaning of the definition.
and even if you dont get it then I dont know you have try hard until you get it.

NAHID wrote:A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level;

you need to read the definition at least 10 or more times before you get the actual meaning of the definition.
and even if you dont get it then I dont know you have try hard until you get it.

ACCA's Royal Charter doesn't authorise it to award degrees, and there hasn't been an Act of Parliament to give ACCA degree awarding powers either.

NAHID wrote:A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level;

you need to read the definition at least 10 or more times before you get the actual meaning of the definition.
and even if you dont get it then I dont know you have try hard until you get it.

there is no need for me to read it 10 times, the definition is clear and it is clear to me that ACCA fundamental papers are not a UK recognised bachelors degree. If you had to read it 10 times and 'try hard' until you get the meaning of the definition in order to come to the opposite conclusion, then perhaps that might suggest that you are mistaken.

guru stated......." UK Recognised Bachelor Degree" is there any such word in the definition of the Bachelor degree. I do not see anything in the definition you have posted.

I know its not easy to get the real interpretation and understand the real beauty of the contraction of the definition. I salute the drafter of the definition. whoever s/he is they are really great and had consider it very widely. I am sorry for those who could not get it.

NAHID wrote:guru stated......." UK Recognised Bachelor Degree" is there any such word in the definition of the Bachelor degree. I do not see anything in the definition you have posted.

I know its not easy to get the real interpretation and understand the real beauty of the contraction of the definition. I salute the drafter of the definition. whoever s/he is they are really great and had consider it very widely. I am sorry for those who could not get it.

PaperPusher wrote:

NAHID wrote:A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level;

you need to read the definition at least 10 or more times before you get the actual meaning of the definition.
and even if you dont get it then I dont know you have try hard until you get it.

ACCA's Royal Charter doesn't authorise it to award degrees, and there hasn't been an Act of Parliament to give ACCA degree awarding powers either.

I'll repeat myself then.

I don't understand how that part of the immigration rules helps people who have applied for PSW on the basis of their ACCA qualification. I would be grateful if you could explain how it helps.

Maybe you have to study ACCA in order to 'get it'?

khansforpeace wrote:Hi Everyone,
I applied in March, Did biometrics in May, and got refusal in Sept.
The hearing was 2 weeks ago.
Recieved the decision yesterday.
Decision: Appeal Allowed.

Thank You ALLAH for Your Kind Blessings.
Now waiting for UKBA`s response, if they appeal against this decision in Upper Tribunal, then it will take long to know, otherwise they will contact me to submit my passport and will grant me Visa InshALLAH.
Normally I dont visit here much but I will update you guys as soon as any progress comes in.

Guys I have recieved a letter that UKBA has re-appealed to Upper-Tribunal against the decision of First-Tier Tribunal in my case. Now waiting for another letter to know the date of hearing, but I think it takes longer to appear in UT, so lets hope for the best.

hassan5805 wrote:

khansforpeace wrote:Hi Everyone,
I applied in March, Did biometrics in May, and got refusal in Sept.
The hearing was 2 weeks ago.
Recieved the decision yesterday.
Decision: Appeal Allowed.

Thank You ALLAH for Your Kind Blessings.
Now waiting for UKBA`s response, if they appeal against this decision in Upper Tribunal, then it will take long to know, otherwise they will contact me to submit my passport and will grant me Visa InshALLAH.
Normally I dont visit here much but I will update you guys as soon as any progress comes in.

mashalla Congrats buddy.. really happy for you.. please pray for us aswell because ours hearing aswell in few weeks time..

thanks hassan sb.

keep on fighting you will win at the end.

I am also going for judicial review..

Oh tht good brov when you going to file your case for judicial review..How much is going to be cost for you..

I have submitted my case today. I have spent 1800 pound. My case grounds for prepared by a barrister. I have to pay separate amount for hearing of barrister. It will cost me round about 3000 pound.

ohh tht too much.. hve u got any idea how long it will take?? as i heared sme people sme people already going for judicial review.. not sure if it is true.. but well hope for good.. anywz did you loose your appeal in lower or upper tribunal or either you going str for JR..

I m going straight for JR. No one can say anything about the time. it will take more than 2 or three month. Some peoples cases are pending from last 1 year.According to my barrister my chances are 50 50. My three friends win their cases in lower court. They also got the letter from home office for re-appeal. In upper court chances are minimum. We can just pray nothing else.I have found two cases in upper tribunal in which ACCA students lost their cases. I cant understand that why home office used to offer hsmp visa to acca students. if they dont think that acca is a recognised body.

ssunny1985 wrote:. I cant understand that why home office used to offer hsmp visa to acca students. if they dont think that acca is a recognised body.

a recognised body is not just 'an organisation that people know about' it is specifically defined as an organisation with degree awarding powers, which ACCA is not.

Greenie wrote:

ssunny1985 wrote:. I cant understand that why home office used to offer hsmp visa to acca students. if they dont think that acca is a recognised body.

a recognised body is not just 'an organisation that people know about' it is specifically defined as an organisation with degree awarding powers, which ACCA is not.

My question is that why Border agency is used to give hsmp visa to ACCA qualified students. If Acca is not a recognised body and do not have any awarding powers. Why border agency have this kind of double standards. One place they are issuing visa to ACCA students and considering acca equal to master degree on the other hand they are keep saying that its not a recognised body.

ACCA is not a recognised body, as defined in UK law not just immigration law

A recognised body is one that has been granted degree awarding powers by Royal Charter or Act of Parliament. The fact that for one category of the rules, UKBA accepted vocational/professional qualifications of equivalent level to academic qualifications as scoring the necessary points under the qualification category does not mean it is therefore obliged to do so for another competely separate category in particular when it specifically set out which qualifications were accepted and made no provision for vocational/professional qualifications of an equivalent level to qualify. The rules for PSW were specifically drafted to restrict eligbility to those who had been awarded specific qualifications as set out in the rules, presumably to limit the numbers who were able to qualify for an otherwise simple category (as opposed to tier 1 general which also required applicants to score points in other areas such as previous earnings).

The fact that (and I assume you are talking about tier 1 general and not HSMP but the argument remains the same), for Tier 1 General it was specifically set out in the Appendix that vocational/professional qualifications of equivalent level were accepted, but in PSW it did not, actually disproves your point, I do hope that you are not paying your barrister to make such a poor and misguided argument.

ssunny1985 wrote:

Greenie wrote:

ssunny1985 wrote:. I cant understand that why home office used to offer hsmp visa to acca students. if they dont think that acca is a recognised body.

a recognised body is not just 'an organisation that people know about' it is specifically defined as an organisation with degree awarding powers, which ACCA is not.

My question is that why Border agency is used to give hsmp visa to ACCA qualified students. If Acca is not a recognised body and do not have any awarding powers. Why border agency have this kind of double standards. One place they are issuing visa to ACCA students and considering acca equal to master degree on the other hand they are keep saying that its not a recognised body.

HSMP was a completely different scheme.

ACCA does have awarding powers. It can award their professional qualifications. No doubt it is equivalent to a bachelor's degree or master's degree, but that doesn't mean it is a degree. PSW wasn't open to all qualifications, just degrees.