PSW on ACCA Fundamental Papers

ssunny1985 wrote:

hassan5805 wrote:

Greenie wrote:The tribunal do not grant visas (or indeed residence permits) if an appeal is allowed by the first tier tribunal but this is overturned by the Upper tier then the leave is never granted.

i think after UPP can go to JR isnt???

Inshallah We will win the case in upper tribunal. I have some positive response from my barrister. In these kind of situations courts will go with students inshallah.

inshalla wat is yr Barriester hve said??

Get your lawyer or barrister to argue the rules for psw visa rather than the guidance. The rules is different from the guidance. The rules clearly states the degree must be awarded by a UK recognised body OR listed body not and. But the guidance only says a recognised body, however the guidance cannot be interpreted as the law as the rules is law and as such supercedes the guidance. So go through the rules carefully and you will have a chance of building a strong case.

Thehappyone wrote:Get your lawyer or barrister to argue the rules for psw visa rather than the guidance. The rules is different from the guidance. The rules clearly states the degree must be awarded by a UK recognised body OR listed body not and. But the guidance only says a recognised body, however the guidance cannot be interpreted as the law as the rules is law and as such supercedes the guidance. So go through the rules carefully and you will have a chance of building a strong case.

I cannot find what you are referring to.

The points for attributes in appendix A did say:

(a) The applicant studied for his award at a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System

http://webarchive.nationalarchives.gov. ... appendixa/

If you could give a link to the bit of the rules you mean and quote them that would be great.

Hello everyone,
i am another victim of this process.
i applied back in June 2011 and was refused by HO.
Appealed against the decision and it was allowed in my favour by FTT.
HO appealed against the decision in UT and won the appeal.
I tried to appeal against the decision in Court of appeal(COA) but UT dint allow me to go to COA. I had the chance to request COA directly but unfortunately they did not consider my case worth hearing infront of Lords at COA. Now i am waiting for a written decison although i know its refused.
can anyone suggest what can be done now or my chances are all over?

Usomi wrote:Hello everyone,
i am another victim of this process.
i applied back in June 2011 and was refused by HO.
Appealed against the decision and it was allowed in my favour by FTT.
HO appealed against the decision in UT and won the appeal.
I tried to appeal against the decision in Court of appeal(COA) but UT dint allow me to go to COA. I had the chance to request COA directly but unfortunately they did not consider my case worth hearing infront of Lords at COA. Now i am waiting for a written decison although i know its refused.
can anyone suggest what can be done now or my chances are all over?

hi hope u are fine.. Did you provide UK naric certificate while your case. Can you please upload the written decision of the court and grounds of your case.

Hello,
Thank u for replying.
yes i provided UKNARIC letter, ACCA's covering letter and a PSW supporting letter from my college.
In decision the argument accepted by Judges was that there is ''no near miss'' in the law.if requirement was a degree it has to be a degree and there is no scope for an equivalent course of study.
I dont have a scanned copy at the moment, once i have that i will upload on this forum.
Regards

Usomi wrote:Hello,
Thank u for replying.
yes i provided UKNARIC letter, ACCA's covering letter and a PSW supporting letter from my college.
In decision the argument accepted by Judges was that there is ''no near miss'' in the law.if requirement was a degree it has to be a degree and there is no scope for an equivalent course of study.
I dont have a scanned copy at the moment, once i have that i will upload on this forum.
Regards

we will pray tht you win your case as i heared some people been saying tht one JR is going to hear on the 17th of april why dont you request them to adjourn till decision comes from the High court??
Another thing can you please let us know how long did they took in FTT and UPT and then court of appeal because my first tribunal hearing will be end of this month..
I will appreciate your reply..

Usomi wrote:Hello everyone,
i am another victim of this process.
i applied back in June 2011 and was refused by HO.
Appealed against the decision and it was allowed in my favour by FTT.
HO appealed against the decision in UT and won the appeal.
I tried to appeal against the decision in Court of appeal(COA) but UT dint allow me to go to COA. I had the chance to request COA directly but unfortunately they did not consider my case worth hearing infront of Lords at COA. Now i am waiting for a written decison although i know its refused.
can anyone suggest what can be done now or my chances are all over?

Hi, Thats almost the same situation with all of us. But u applied in June 11 and the rest of us applied in March 12.
Now, can u plz update us on the dates and timings plz, coz I applied in March, got refusal in Sep, Hearing in Nov, won at FTT in 1st week of Dec, HO appealled at Dec Mid, and I have recieved a letter in Dec end that UT will hear the case.
So I just wanna know how long was the process after u recieved the letter from UT that HO application has been granted for hearing at UP.
I pray that all of us be granted Visas and May ALLAH SWT help us all.
Good luck everyone.

khansforpeace wrote:

Usomi wrote:Hello everyone,
i am another victim of this process.
i applied back in June 2011 and was refused by HO.
Appealed against the decision and it was allowed in my favour by FTT.
HO appealed against the decision in UT and won the appeal.
I tried to appeal against the decision in Court of appeal(COA) but UT dint allow me to go to COA. I had the chance to request COA directly but unfortunately they did not consider my case worth hearing infront of Lords at COA. Now i am waiting for a written decison although i know its refused.
can anyone suggest what can be done now or my chances are all over?

Hi, Thats almost the same situation with all of us. But u applied in June 11 and the rest of us applied in March 12.
Now, can u plz update us on the dates and timings plz, coz I applied in March, got refusal in Sep, Hearing in Nov, won at FTT in 1st week of Dec, HO appealled at Dec Mid, and I have recieved a letter in Dec end that UT will hear the case.
So I just wanna know how long was the process after u recieved the letter from UT that HO application has been granted for hearing at UP.
I pray that all of us be granted Visas and May ALLAH SWT help us all.
Good luck everyone.

yah all of us in same situation but hope the guy whoz case in high court wins.. yah i m nt sure also how long will it take to go to upper court??

Hello everyone,
i am another victim of ACCA PSW case....
i applied back in Mar 12 and was refused by HO in Sep 12.
Appealed against the decision and it was allowed in my favour by FTT in Dec 12.
HO got the permission to appealed against the decision in UT in Jan13. In the mean time I even got MBA using ACCA as graduation degree...This is ridiculous ...

I don't know what to do - anyone knows any good lawyer??

Or in the similar situation??

Thanks
A

Hello @khansforpeace and @hassan5805
Thanx for ur replies fellows,u asked for timing of my case so here is the summary:
>I applied in June 2011,
>Refusal from HO received on 18th July,
>served them notice of appeal on 27th July,
>FTT hearing took place on 31st August 2011 [it was Eid day and what an eid it was ]
>Decision from FTT in my favour was received on 6th October 2011
>HO appealed against the decision on 13th October 2011.
>Permission granted to them on 19th October 2011.
>UT hearing took place on 9th March 2012
>Decision was made in HO favour on 19th April 2012 and received through post after a week of this date.
>I applied to UT for permission to go to COA which they refused on 31st May 2012
>I applied directly to COA they also refused firstly on papers on 12th sep 2012 and then i had the chance to go for oral permission which i did and hearing took place for permission to appeal on 5th December 2012.This was also refused but i am still waiting for written decision so that i decide what should be done now and thats y i asked everyone what can be done now,,,do i have any chance now.
Regards

Hello everyone,
I applied for JR but now I read the story of Usomi, it seems I am wasting time and money. Usomi it is better to take advice from good lawyer. On Monday I will try to ask from my lawyer. Are you representing your case through lawyer or yourself?

hello guys dnt worry allah swt makes easy for us just pray for us..

Yeap Trust on Allah inshallah We will get reward . Guys just go and find a good barrister not a lawyer because lawyer is not the right person to deal cases in upper tribunal. I have also applied for JR. Its depend on the lawyer or barrister guys my hearts says that we can win this case Inshallah.

[quote="Khan140"]Hello everyone,
I applied for JR but now I read the story of Usomi, it seems I am wasting time and money. Usomi it is better to take advice from good lawyer. On Monday I will try to ask from my lawyer. Are you representing your case through lawyer or yourself?[/quote]

Thanx for replying Khan140,
well the only success i had in this case was when the decision was made in my favour in FTT and u know what that was the hearing where i represented myself without any lawyers/barristers.
After that well reputed barrister represented me and i have paid a lot of money to them but i have not won a single bit.
U said u applied for JR, can u tell at what stage ur case is. i mean have u applied for JR after FTT/UT/COA or when.

[quote="ssunny1985"]Yeap Trust on Allah inshallah We will get reward . Guys just go and find a good barrister not a lawyer because lawyer is not the right person to deal cases in upper tribunal. I have also applied for JR. Its depend on the lawyer or barrister guys my hearts says that we can win this case Inshallah.[/quote]

INSHALLAH and many prayers for everyone.
Brother can u tell how this JR works and when can u apply for this and when did u apply for it. Is it after FTT or UT decision.
Regards

my first trubunal hearing will b hear end of this month.. let see wat gonna happen just pray for everyone,,

hassan5805 wrote:my first trubunal hearing will b hear end of this month.. let see wat gonna happen just pray for everyone,,

Insha Allah everything is gonna be fine My Prayers are with you.

Hi all, I am in very tension. In Feb 2012 I applied for PSW on the basis of ACCA fundamental level. I was refused in Sep 2012. I went to lower tribunal and won my case. where I also refer Kamran case as Kamran won his case on in Lower tribunal and so I. But Home office went for appeal against me in upper tribunal and they were granted. The point was that althought ACCA is a qualifying body but now the rules are changed. My submission for PSW was after Kamran case when rules were changed and there fore the appealant cant be granted PSW as there is cleary mentioned certain degrees on which PSW is to be grant. and there is no place for eqvalient degrees or naric. So now my hearing in upper tribunal is on 30th jan. I am in very tension. I almost spend £2500 on my cases. My lawyer cost me too much and now he saying that there is no chance in upper tribunal, only hope of God. He told me that he will make argument on article 8. Is there any one who won his case in upper tribunal or know some more valid reasons for winning the case. Or anyone who know a lawyer so that I get a second opinion or adivce. thanks

i really dont knw why yr lawyer putting you off my lawyer have told me he won loads of cases in upper tribunal and the more chances to win upper tribunal instead lower.. You just keep fairh and i believe inshalla we all will win and another home office one case in Hogh court aswell which is going to b heard on 17th april and my lawyer ws saying its 90 percent chances we will win.. inshalla you just dnt worry and carry on fighting and for second opinion Ring Marfat as hes my lawyer u can find his number on previous pages as someone mentioned before.,

Hi Everyone...!!! I applied for Psw in Feb 2012 and was refused by HO in Sep 2012. I made an Appeal in FTT where I presented NARIC comparability certificate, NARIC Certificate of eqvaliency, Letter from ACCA for its eqvaliency and ACCA fundamental Level. I also mentioned Kamran case. FTT decision was in my favour as they said that appellant provided us with ample evidences. Unfortunately HO went against me for appeal in upper court and they were granted appeal. Grounds were that kamran case was a previous case now rules clearly states that PSW to be granted on Bachelors degree, PGD in education, HND scottish institutites, and master degree. But there is no such place like eqvaliency such as NARIC. I almost been charged £2500 by my solicitor till now. He said here your case is very weak as when we submitted for PSW rules were changed. ( my date of application was feb 2012 for psw). My barrister said he can only argue on article 8 and we have very little hope. But in COA we can represent many things n can debate in many things as well. Do anyone know about my situation what to do? Or any barrister who can give me some advice valid to argue in upper court?? My hearing in UC is on 30th jan 2013. Thanks

Hi dear. I didnt find number for marfat. Can you give me his number right here? I will be very thankful to you. Thanks.[/quote]

hassan5805 wrote:Hi dear. I didnt find number for marfat. Can you give me his number right here? I will be very thankful to you. Thanks.

[/quote]

Hi dear. I didnt find number for marfat. Can you give me his number right here? I will be very thankful to you. Thanks.[/list]

sfkakbar wrote:Hi dear. I didnt find number for marfat. Can you give me his number right here? I will be very thankful to you. Thanks.[/list]

his nom is 07903 161315