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PSW refusal and submitted Judicial Review..

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

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

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wasimraza121
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Post by wasimraza121 » Sun Mar 24, 2013 1:02 pm

vishwen wrote:dear wasimraza,

the points you mentioned are very good and clear to understand.

i think the ukba is very confused and they are trying to clear the mess,
because some students who been awarded after 4th april 2012 has got their visa, and i got eveidence of that as well.

but the question is that when they refused me last year, because of date of award, i send them PAP, then afterwards, they withdraw the original decision and said they will re-considered the case again. after one month, they send a letter and refused again, this time i went for JR, 2 weeks ago, i received a leeter from the high court that my file has been pass to the judge for permission for JR. Now, on thursday, i received a letter from ukba, saying they consider my case again, and refused again which mean for the 3rd time, and this time they give me right of appeal.So wasimraza, how will you explained this situation to me, its very confused right now.

the best thing would be to make further reference whoever have PSW after 4th april. but put genuine reference. please don't say my friend's friend got. that's the only option.

again UKBA could have easily made the PSW application invalid after 6th april but they did not. it is like we are a football moving from here and there! ! !

rony_iebc
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court of appeal updated news...

Post by rony_iebc » Mon Apr 01, 2013 3:53 pm

dear all,
I called last week court of appeal to know abt our khatel case .
But they didnot conform me which date it ill b listed(it takes long time).They also told me its depends on case merit (how important).Our case reference no is C520130631 & court of appeal T&T no 02079477215.So dear all of my friends plz call this no and request them to put hearing date early.
[/b]

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

Re: court of appeal updated news...

Post by wasimraza121 » Tue Apr 02, 2013 1:33 am

nice job done... please continue your effort
rony_iebc wrote:dear all,
I called last week court of appeal to know abt our khatel case .
But they didnot conform me which date it ill b listed(it takes long time).They also told me its depends on case merit (how important).Our case reference no is C520130631 & court of appeal T&T no 02079477215.So dear all of my friends plz call this no and request them to put hearing date early.
[/b]

laghari_iam
Junior Member
Posts: 50
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Re: court of appeal updated news...

Post by laghari_iam » Tue Apr 02, 2013 2:23 am

rony_iebc wrote:dear all,
I called last week court of appeal to know abt our khatel case .
But they didnot conform me which date it ill b listed(it takes long time).They also told me its depends on case merit (how important).Our case reference no is C520130631 & court of appeal T&T no 02079477215.So dear all of my friends plz call this no and request them to put hearing date early.
[/b]
\

did they confirm you that khatel case is in queue for its hearing date and it will take time?
so this is true that they've got permission and now they are just waiting for hearing date, isnt it?

asifleo13
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Location: London

DEAR Vishwen

Post by asifleo13 » Tue Apr 02, 2013 3:48 am

Hi Vishwen, can you please give me the court letter which allows to work till your decision is pending?

kelamyne
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psw (Oxford Brookes Uni) application was returned by UKBA

Post by kelamyne » Tue Apr 02, 2013 7:28 pm

I applied for leave to remain under Tier 1 PSW on 20/06/2011 on the basis of ACCA fundamental levels and got refused. I appealed against the decision in the first tier tribunal and my appeal was not allowed in first tier tribunal and was given the right to appeal in the Upper tribunal which I did. And my appeal was heard before the judge in the Upper tribunal on 3rd of February 2012.

In the meantime, I received Bachelor Degree OBU on 28th of March 2012 from Oxford Brookes University and I intended to make a fresh application again as I have an academic degree now and I made sure all the requirements are met this time. . My other concern was that I had only few days as the PSW route was closing down from 6th April 2012 and I would not be able to make the application once I go beyond 5th of April 2012. To do so I contacted Tribunals about the updates of my pending appeal following the hearing held on 3rd of February 2012 and the possible date of the out come of the decision by the judge. This was to ensure that I could know the decision before the Tier 1 Route closes down from 6th of April 2012 and allow me to have time to make the new fresh application. The clerks were unable to help as there were no updates available on my case at that time. I addressed my circumstances and enquired about the withdrawal rules and procedure .i could not withdraw my appeal as my hearing was heard already and tribunal legislation would not allow me to withdraw my appeal. nor i could wait as psw was closing down.so i made the fresh application on 5th april and wrote a cover letter to the case worker explaining my circumstances.received ack letter on 20th may nd never received my biometric.in the mean time i received the determination from UTT and i didn pursue it further..as i already made the fresh application..and when evryone started to receive their biometric i contacted ukba about mine and they said it has been sent..bt i nvr received it..despite requesting several times i never received it..and i was told to write to ukba customer complaints and i did so and received a letter that they are delaing with it..finaly on 4th october they returned my application stating that i had a pending appeal..well i had bt i could not withdraw it..as it was already heard and i explained it on my cover letter..as they took 6 months to respond and by then my appeal was closed,i dont know what to do..i went to solicitiors and was advised for a JR i lodged it and nothing heard since october..i have qualified ACCA and just dont know what shall i do..shall i wait for the outcome or leave as it is taking long time..already been 2 years..any ideas about the merit of my case?

rajabrave
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Re: DEAR Vishwen

Post by rajabrave » Wed Apr 03, 2013 8:14 pm

asifleo13 wrote:Hi Vishwen, can you please give me the court letter which allows to work till your decision is pending?
Yes Today i met with MR Zane Malik the barrister of Khatel case in Court of appeal...so next week he'll get the Hearing Date,because Mr Zane got an Email from court & UkBa aswel for deciding the hearing date.../so they gave to court 3-4 different date in MAY & June..So MR zane told me he'll let me know next week when hearing Date will decided next week.& he told me that there is great chances Case will decide same day as they have not enough evidence....IN SHA ALLAH...So guys Just pray for the Best...Just most probably more 50-60 days we'll get Good news IN SHA ALLAH...

rony_iebc
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DEAR Vishwen,rajabrave

Post by rony_iebc » Wed Apr 03, 2013 9:41 pm

Vishwen
rajabrave wrote:
asifleo13 wrote:Hi Vishwen, can you please give me the court letter which allows to work till your decision is pending?
hi dear,plz can u give me a idea how can i get right to work until my decision outcome.Last couple of months i was suffering bcoz my visa was expired.without job is really difficult to survive here. plz plz plz dear if possible help u.....thanks.

rajabrave
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Posts: 39
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Re: DEAR Vishwen,rajabrave

Post by rajabrave » Wed Apr 03, 2013 9:47 pm

rony_iebc wrote:
rajabrave wrote:
asifleo13 wrote:Hi Vishwen, can you please give me the court letter which allows to work till your decision is pending?
hi dear,plz can u give me a idea how can i get right to work until my decision outcome.Last couple of months i was suffering bcoz my visa was expired.without job is really difficult to survive here. plz plz plz dear if possible help u.....thanks.
Brother i m also suffering in same condition but unfortunatly if ur apply for JR then u cant work under the Law..i can undrstand ur condition As i mentioned earlier that i met today Mr Zane Malik so he explained me u cant work now bcx u had to applied for work permission at time JR..So he ask me to wait 50-60 days more then case will b over & we'll get visa IN SHA ALLAH....

wasimraza121
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Re: DEAR Vishwen,rajabrave

Post by wasimraza121 » Wed Apr 03, 2013 11:43 pm

rajabrave wrote:
rony_iebc wrote:
rajabrave wrote:

I have sent a prvt message please reply
asifleo13 wrote:Hi Vishwen, can you please give me the court letter which allows to work till your decision is pending?
hi dear,plz can u give me a idea how can i get right to work until my decision outcome.Last couple of months i was suffering bcoz my visa was expired.without job is really difficult to survive here. plz plz plz dear if possible help u.....thanks.
Brother i m also suffering in same condition but unfortunatly if ur apply for JR then u cant work under the Law..i can undrstand ur condition As i mentioned earlier that i met today Mr Zane Malik so he explained me u cant work now bcx u had to applied for work permission at time JR..So he ask me to wait 50-60 days more then case will b over & we'll get visa IN SHA ALLAH....

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

Re: DEAR Vishwen,rajabrave

Post by wasimraza121 » Thu Apr 04, 2013 9:56 am

rajabrave wrote:
rony_iebc wrote:
rajabrave wrote:
asifleo13 wrote:Hi Vishwen, can you please give me the court letter which allows to work till your decision is pending?
hi dear,plz can u give me a idea how can i get right to work until my decision outcome.Last couple of months i was suffering bcoz my visa was expired.without job is really difficult to survive here. plz plz plz dear if possible help u.....thanks.
Brother i m also suffering in same condition but unfortunatly if ur apply for JR then u cant work under the Law..i can undrstand ur condition As i mentioned earlier that i met today Mr Zane Malik so he explained me u cant work now bcx u had to applied for work permission at time JR..So he ask me to wait 50-60 days more then case will b over & we'll get visa IN SHA ALLAH....




i have sent a message please reply

kelamyne
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Post by kelamyne » Fri Apr 05, 2013 9:56 am

how did u meet zane malik?did u pay £250 for meeting him?did you go to malik law chambers?

rajabrave
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Breaking News

Post by rajabrave » Fri Apr 05, 2013 2:56 pm

Court of Appeal will hear SSHD's appeal from Khatel & others (PSW lead cases) on 11/12.06.13. I will keep you posted.

mahe
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Contact:

appeal

Post by mahe » Sat Apr 13, 2013 2:21 pm

hi do u knw any one who has won thr appeal in first tier tribunal. if yes thn whats next ?????? thnk u

rajabrave
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Re: appeal

Post by rajabrave » Sat Apr 13, 2013 2:25 pm

mahe wrote:hi do u knw any one who has won thr appeal in first tier tribunal. if yes thn whats next ?????? thnk u
Then wait for Khatel Case to b clear on 10/11-06-2013...ok

drey2
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permision refused

Post by drey2 » Fri May 03, 2013 9:09 am

Date Details of events
January 29th 2012 My visa was due to expire on 30th January. As I had not yet received my results for my course and did not want to become an ‘Overstayer’. I submitted an application to extend my student visa.I received my results for my March 30th 2012 Tier 1 Post Study Work (PSW) visa form and additional supporting evidence sent to Home Office due to change in circumstances.
April 11th 2012 Application for student visa rejected due to maintenance funds dipping below required amount by six pounds for a total of one day.
Appeal lodged as advised by lawyer.
Appeal rejected and decision on maintenance upheld.
July 12th 2012 Permission to appeal again was refused.
September 19th 2012 permission to appeal to upper tribunal refused
December 13th 2012 Post Study Work application returned as invalid due to appeal.
what i do not understand is

My PSW form, as well as all supporting documentation, for variation was kept from April until December- over eight months- before being returned to me. Had this variation been invalid why was it kept by home office for such a long period of time? Understandably Home Office does not deal with two applications at the same time and one cannot have both an appeal and an application at the same time. However, as has been mentioned previously, this was not simply a new and separate application. Even if it had been a new application (which it was not), what would have been the reason for keeping it for three months after the student visa application was rejected and had gone through two appeals and then rejecting it on the grounds of having an appeal lodged. If because of the appeal it had become invalid, why keep it? What this has in effect done, was lengthen the gap in my stay, the very thing that I wanted to avoid. and again
It was my understanding that while an application has yet to be decided, the applicant can, should his circumstances change, submit a new application if or vary the grounds of his application. However, given that my leave had by this time expired, my only option was to vary the grounds of my application. This was my intent as was stated in my Tier 1 PSW form which you ought to have on file and I believed was in the guidelines to do so, given that I had met all the requirements to vary my application. i was also refunded wrongly was paid refund for my student visa extension instead of psw .
PLS I NEED A GOOD ADVICE ON WHAT TO DO.

laghari_iam
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simple questio, a master can answer.

Post by laghari_iam » Sat May 04, 2013 1:04 am

can anyone please be kind and reply to this simple question of mine.

Is it necessary to file your JR in 90 days by the day you submitted your pre action protocol? if by any chance you go over 90 days? will they still accept it or not? please reply ASAP. thanks

vishwen
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Post by vishwen » Thu May 09, 2013 3:21 pm

>>>>>>>>>>>>>>> GOOD NEWS >>>>>>>>>>>>>>>>>>>>

DEAR ALL,

I JUST RECEIVED A CALL FROM MY SOLICITORS, THAT MY PERMISSION FOR JUDICIAL REVIEW HAS BEEN GRANTED AND THE LETTER WAS DATED ON THE 9TH MAY 2013.

I WILL KEEP YOU UPDATE.

AUHS
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Location: UK
Contact:

Post by AUHS » Sun May 26, 2013 10:40 am

vishwen wrote:>>>>>>>>>>>>>>> GOOD NEWS >>>>>>>>>>>>>>>>>>>>

DEAR ALL,

I JUST RECEIVED A CALL FROM MY SOLICITORS, THAT MY PERMISSION FOR JUDICIAL REVIEW HAS BEEN GRANTED AND THE LETTER WAS DATED ON THE 9TH MAY 2013.

I WILL KEEP YOU UPDATE.

That,s good news mate,

Whats the next step you and your solicitor are taking about it?

Please update the thread .

thanks

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

congrates!

Post by laghari_iam » Mon May 27, 2013 11:29 pm

vishwen wrote:>>>>>>>>>>>>>>> GOOD NEWS >>>>>>>>>>>>>>>>>>>>

DEAR ALL,

I JUST RECEIVED A CALL FROM MY SOLICITORS, THAT MY PERMISSION FOR JUDICIAL REVIEW HAS BEEN GRANTED AND THE LETTER WAS DATED ON THE 9TH MAY 2013.

I WILL KEEP YOU UPDATE.
congrates bro,after 35 days u'll get the visa INSHALLAH.

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Last edited by laghari_iam on Sat Jun 15, 2013 11:45 am, edited 1 time in total.

rajabrave
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Anyone knows about Timings of today hearing

Post by rajabrave » Tue Jun 11, 2013 7:39 am

Hellooo
Plz can anyone tell me ,what time hearing of Khatel & others cases....if sombody knows plz let us know thanks

wasimraza121
Junior Member
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Re: Anyone knows about Timings of today hearing

Post by wasimraza121 » Tue Jun 11, 2013 9:47 am

rajabrave wrote:Hellooo
Plz can anyone tell me ,what time hearing of Khatel & others cases....if sombody knows plz let us know thanks
khatel and others case will be heard tomorrow

rajabrave
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Re: Anyone knows about Timings of today hearing

Post by rajabrave » Tue Jun 11, 2013 11:01 am

wasimraza121 wrote:
rajabrave wrote:Hellooo
Plz can anyone tell me ,what time hearing of Khatel & others cases....if sombody knows plz let us know thanks
khatel and others case will be heard tomorrow
Ok do u know the timing of the hearing??

hassan5805
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Post by hassan5805 » Wed Jun 12, 2013 1:13 pm

one of my friend in court will let you knw the Outcome..

ideanokia6500
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Post by ideanokia6500 » Wed Jun 12, 2013 3:07 pm

any body got any news

plz update
HI

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