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PSW appeal - Need advice

Only for UK Tier 1 (Post-Study Work) points system

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

Summer Tjan
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Joined: Sun Sep 30, 2012 11:04 pm

Post by Summer Tjan » Mon Dec 24, 2012 3:48 pm

Hi all ...

An update, I just recieved a scanned reciept of application to appeal at upper tribuna from my lawyerl. The funny thing is I have not recieved any decision from first tier tribunal yet. Is it possible such case happen? Kindly advice if you guys have any ideas. Thanks in advance.

An update from friends, there will be a test case of group hearing in mid Jan as there are a lawyer with 4 similar cases n another lawyer with 17 similar cases. Thus the judges decide to hear all 21 cases in one go. It will be hearing with 2 lawyers, 2 judges n 21 appeallants. Hope the big numbers will help for more favourable decision for appealants :).

Kind regards,
Summer

sfkakbar
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Location: United Kingdom
Contact:

psW ACCA NARIC

Post by sfkakbar » Wed Jan 16, 2013 6:24 am

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
_________________

dreamfriend
Junior Member
Posts: 94
Joined: Sun Apr 15, 2012 1:50 am

Post by dreamfriend » Wed Jan 16, 2013 4:40 pm

Bigspin wrote:My PSW visa application got rejected. I appealed the decision and on the tribunal day home office representative withdrawn the appeal. She said they are going to reconsider my application.

how long will it take? any guess? it's been a four weeks now.
Is there any update about your case ? I'm in same situation.

TB9
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Posts: 18
Joined: Fri Oct 19, 2012 7:32 pm
Location: London

An update !

Post by TB9 » Wed Jan 16, 2013 8:05 pm

Hi All !

I have got an update and hope this might answer to some extent.

Subject:
My PSW application was rejected as my final result was declared after 5th April 2012.

I applied to first tier tribunal and decision was partially allowed. That was, they put a stay on my removal under the act and Judge asked me to apply to Upper tribunal. In her written decision she added a line quoting EMPHASIS ADDED for UKBA to consider my application again.

So she directed me to apply to Upper tribunal for further course of action.

My strong ground was - even after receiving the final degree, I did not submit it to UKBA. Reason being, they have stated in my acknowledgement letter to not to send anything until and unless asked.

So I just simply followed the rule.

Being eligible for PSW is a later thing, but UKBA should have atleast asked for my document, in case if its missing. They just rejected me directly.
So, I took it as a strong ground and with the directions of First Tier Judge, applied in Upper tribunal.
Taking this issue as a debatable argument my permission to appeal was granted in 12 working days.

After that, I was just waiting for a date from tribunal but all of a sudden after a couple of days, I realised that Upper Tribunal has refunded my Appeal Fees (£140)

So, my concern now is this is a Good sign??

It was natural for me to search all over Internet and what I have got so far is, Tribunal only refunds in 2 situations. If either of the parties withdrawn the case or any other financial issues. In my case, I am sure I have not withdrawn, so I hope it should be of some good news to me.
fingercrossed

What makes me anxious is, amount was refunded last Friday and I have not received any letter from UKBA or Tribunal defining the current stage.

Anyways, I hope this information would be of some help to all in the same boat.

Will keep you all updated.

Till then Keep calm and carry on. Have faith in your doings.

Take care.

Summer Tjan
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Posts: 17
Joined: Sun Sep 30, 2012 11:04 pm

Post by Summer Tjan » Fri Feb 01, 2013 2:03 pm

Hi all ...

An update from my friend, he told me there is a case in upper tribunal that students win over the late result of MBA. Please check the link below:

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

Hopefully this information help for the people applying in MBA background.

While for ACCA background, so far no result. If anyone has winning case, kindly share the information. Thanks lots.

Kind regards,
Summer

hassan5805
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Posts: 496
Joined: Wed Oct 24, 2012 10:58 am

Post by hassan5805 » Sat Feb 02, 2013 10:16 pm

Summer Tjan wrote:Hi all ...

An update from my friend, he told me there is a case in upper tribunal that students win over the late result of MBA. Please check the link below:

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

Hopefully this information help for the people applying in MBA background.

While for ACCA background, so far no result. If anyone has winning case, kindly share the information. Thanks lots.

Kind regards,
Summer
yah no one sharing information on the basis of Acca

vinny
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Post by vinny » Sat Feb 02, 2013 10:29 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Summer Tjan
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Joined: Sun Sep 30, 2012 11:04 pm

Post by Summer Tjan » Sat Feb 02, 2013 10:57 pm

Thanks all for the further comments ... please keep updating each other, especially the success story of ACCA in upper tribunal, desperately needed :(.

Take care :)

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sun Feb 03, 2013 12:26 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

gondal786
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Post by gondal786 » Wed Feb 20, 2013 9:00 pm

dreamfriend wrote:
Bigspin wrote:My PSW visa application got rejected. I appealed the decision and on the tribunal day home office representative withdrawn the appeal. She said they are going to reconsider my application.

how long will it take? any guess? it's been a four weeks now.
Is there any update about your case ? I'm in same situation.
any update i have same position aswell?

Summer Tjan
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Posts: 17
Joined: Sun Sep 30, 2012 11:04 pm

Post by Summer Tjan » Mon Feb 25, 2013 10:41 pm

Hi Big Spin ...


I asked my solicitor regarding this withdrawal matter, he said it will take at least 2 months before UKBA turn around and give you the visa. Hope this information helps.


Summer

a2yousaf
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lets unite

Post by a2yousaf » Mon Feb 25, 2013 10:56 pm

PLZ LIKE PAGE: PSW Appeal CASES (on fb)

http://www.facebook.com/PswAppealCases? ... ppealCases

Summer Tjan
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Posts: 17
Joined: Sun Sep 30, 2012 11:04 pm

Post by Summer Tjan » Tue Feb 26, 2013 8:44 pm

Hi all ....

I have attended my upper tribunal today. Won with the basis of Khatel & others case. In his oral decision, the judge determined that my first tier tribunal which I won based on ACCA is a minor error in law. However since I have my MBA with result date 15 May 2012, I won the upper tribunal. Such a relieve :).

However upon discussion to other friend in similar situation, he told me ukba has taken Khatel & others to Court of Appeal. Thus it may change all of winning cases using the same basis. Anyone has idea about the truth or update on this matter? Please kindly advise :).

Hopefully this information helps .... take care :).

Summer

wasimraza121
Junior Member
Posts: 52
Joined: Mon Feb 18, 2013 10:13 pm

Post by wasimraza121 » Tue Feb 26, 2013 9:30 pm

Khatel and others case will be heard in the Court of Appeal. Hearing date still not decided.
Summer Tjan wrote:Hi all ....

I have attended my upper tribunal today. Won with the basis of Khatel & others case. In his oral decision, the judge determined that my first tier tribunal which I won based on ACCA is a minor error in law. However since I have my MBA with result date 15 May 2012, I won the upper tribunal. Such a relieve :).

However upon discussion to other friend in similar situation, he told me ukba has taken Khatel & others to Court of Appeal. Thus it may change all of winning cases using the same basis. Anyone has idea about the truth or update on this matter? Please kindly advise :).

Hopefully this information helps .... take care :).

Summer

Summer Tjan
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Post by Summer Tjan » Tue Feb 26, 2013 9:36 pm

Hi Wasimraza,


Is it possible for ukba to appeal against my winning after the 14 days pass if Khatel case is not heard yet by that time?

Is this also mean no psw issued until Khatel case settled?

Thanks for the info :)


Kind regards,
Summer

freebeee
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Post by freebeee » Wed Feb 27, 2013 11:58 am

Hello Bigspin,
Have you got any update about withdrawn appeal decision as I am in same situation is already been 3 months

laghari_iam
Junior Member
Posts: 50
Joined: Tue Feb 19, 2013 2:37 pm

advice please

Post by laghari_iam » Wed Feb 27, 2013 4:57 pm

been waiting for pre action protocol reply from high court, today its 19th day still hasnt heard anything from them, guys please advice shall i wait more or claim for JR?

gondal786
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Joined: Tue Feb 19, 2013 11:14 pm

Post by gondal786 » Thu Feb 28, 2013 7:53 pm

freebeee wrote:Hello Bigspin,
Have you got any update about withdrawn appeal decision as I am in same situation is already been 3 months
one of mine friend got letter yesterday to send his passport for visa,its good news for those who's appeal withdrawl by HO

laghari_iam
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Posts: 50
Joined: Tue Feb 19, 2013 2:37 pm

Post by laghari_iam » Thu Feb 28, 2013 10:53 pm

I agree with you one of my frnd has sended his passport as well and his appeal . Been withdrawn at UPper tribunal.. that means the ones who's appeal has been withdrawn are the lucky ones now.

a2yousaf
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Its time to Unite

Post by a2yousaf » Fri Mar 01, 2013 2:54 pm

Please like the page on FB.

PSW Appeal CASES.


We have to be on the same page to take this matter seriously before the HO decides our future.


Aamir.
a2yousaf@yahoo.com

sam1983
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Posts: 23
Joined: Wed Nov 28, 2012 11:25 am

Upper Tribunal Decision

Post by sam1983 » Thu Mar 28, 2013 4:58 pm

I applied in April for PSW without results and My results came in may and got refused under section 85A. Got refused in first tier tribunal. Applied to Upper tribunal for permission to appeal

I got a letter from Upper tribunal today dated 25th march that my permission to appeal is granted and it is unnecessary to hold an oral hearing and it can be dealt with on papers. So I Don't have to attend the court for a hearing. It also stated that this is based on Khatel's case.


Also on the last line it states that

"Subject to any submissions or observations either party may wish to make to me within 21 days from the date of posting of this decision, I propose to decide this appeal without a hearing and to allow the appellant's appeal. - Upper Tribunal Judge 20 March 2013"

wasimraza121
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Re: Upper Tribunal Decision

Post by wasimraza121 » Thu Apr 04, 2013 5:14 pm

sam1983 wrote:I applied in April for PSW without results and My results came in may and got refused under section 85A. Got refused in first tier tribunal. Applied to Upper tribunal for permission to appeal

I got a letter from Upper tribunal today dated 25th march that my permission to appeal is granted and it is unnecessary to hold an oral hearing and it can be dealt with on papers. So I Don't have to attend the court for a hearing. It also stated that this is based on Khatel's case.


Also on the last line it states that

"Subject to any submissions or observations either party may wish to make to me within 21 days from the date of posting of this decision, I propose to decide this appeal without a hearing and to allow the appellant's appeal. - Upper Tribunal Judge 20 March 2013"

so you have to wait till 22april,2013

sam1983
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Re: Upper Tribunal Decision

Post by sam1983 » Tue Apr 09, 2013 2:38 pm

sam1983 wrote:I applied in April for PSW without results and My results came in may and got refused under section 85A. Got refused in first tier tribunal. Applied to Upper tribunal for permission to appeal

I got a letter from Upper tribunal today dated 25th march that my permission to appeal is granted and it is unnecessary to hold an oral hearing and it can be dealt with on papers. So I Don't have to attend the court for a hearing. It also stated that this is based on Khatel's case.


Also on the last line it states that

"Subject to any submissions or observations either party may wish to make to me within 21 days from the date of posting of this decision, I propose to decide this appeal without a hearing and to allow the appellant's appeal. - Upper Tribunal Judge 20 March 2013"

After the details I posted above, I got a letter from the Upper Tier Tribunal last week outlining the response of the UKBA that was submitted. It states that the SSHD, the Secretary of State for the Home Department has gone against the decision. The UKBA has requested the upper tribunal to go to court of appeal as Khatel case is still pending in court of appeal and all cases will be decided on the outcome of this Khatel case.

Summer Tjan
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Joined: Sun Sep 30, 2012 11:04 pm

Re: PSW appeal - Need advice

Post by Summer Tjan » Wed Jan 22, 2014 4:24 pm

Hi all ...

It has been a long time since last update as there was no news at all. I have been contacting my local MP for help and ukba on 17 Sept 2013 stating they sought permission to COA to appeal against me.

As I never recieved any news from ukba or UTT regarding this permission, I wrote to UTT and COA to ask for their written statement regarding my status. Both courts replied to me in written stating no futher proceeding from ukba.

Thus, I asked MP help again to write to ukba n they replied on 25 Nov 2013 insisting that they did ask the permission on 14 March 2013. Today, 22 Jan I recieved a letter from UTT saying ukba sought permission to appeal to COA on 11 January 2014.

So all my members & moderators here .... please kindly give me suggestions and opinions on this matter. All your inputs are highly appreciated.

Many thanks,
Summer

Summer Tjan
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Re: PSW appeal - Need advice

Post by Summer Tjan » Fri May 09, 2014 2:18 pm

Hi all ...

Just want to inform you all about this great news. Finally I get my visa and BRP card today. A PSW visa valid until 7 May 2016.

Thank you all for the advices, suggestions, story sharings and supports. This forum has give me lots of hope to keep strong. Hope you all will also get your visa soon.


Take care and be blessed,
Summer Tjan

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