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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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rajabrave
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Post by rajabrave » Sat Aug 24, 2013 10:36 pm

azizch wrote:Hi Rajabrave, My JR is also on hold due to Khatel and others..... but I did nt receive eny letter to file JR again on new bases. Further do any one have any news about Khatel appeal to SC??? Hope In sha ALLAH CMR will be positive.
Yes brother the letter which JR ppl get it,clearly notify that khatel case was trying to lodge appeal but it was out of time,05-08-2013..so refused...& on basis of Raju case already decided in court so they asking ppl to withdraw the case on basis of Raju determination or send us new grounds....so u need to wait if u didnt get any letter..

wasimch
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Post by wasimch » Sun Aug 25, 2013 5:11 am

vishwen wrote:DEAR ALL,
I went to first tier tribunal on Monday 19/8/2013 for my appeal, regarding the new refusal sent but the ukba in march 2013. BUT THE PRESENTING OFFICER OF UKBA WAS NOT THERE, it was only the judge, my solicitor and me. my solicitor submit all the documents to the judge, and even told the judge, that how come my friends study with the same college, and was awarded after PSW was closed and been ranted visa, we showed all the evidence, including those who recently go visa a well, but the judge said she will give her decision within two weeks. my solicitor is confident we will win the case, as there was no CROSS EXAMINATION, I mean there was no challenge in the case. AND ALSO WE MENTIONED THAT THE CASE WAS ALREADY CHALLENGED IN THE HIGH COURT, AND THE PERMISSION FOR JUDICIAL REVIEW BEEN GRANTED. We told the judge, its all the mistakes by UKBA, and the judge was laughing. FINGERS CROSSED, THAT I WILL GETA POSITIVE DECISION.
Hi Vishwen me and my friend already won the psw case from First Tribunal but after 5 working days HO applied in Upper Tribunal and got the permission, my Upper Tribunal Hearing Was on 8th Aug 2013 during hearing judge asked me do u have any reference who got the psw after submitted application but i did nt tell him, judge asked me u will get the result in 10 working days but still waiting. your situation is different I am sure u will won the appeal and get visa.

vishwen
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Post by vishwen » Mon Aug 26, 2013 8:31 am

Brother , dI'd the ukba presenting officer was present. Was there any argument in your case. Why you didn't show any evidence. Because like my case, I don't think they can challenge it in the upper tribunal, because they were not present for the hearing.

wasimch
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Joined: Thu Jun 20, 2013 9:47 am

Post by wasimch » Mon Aug 26, 2013 7:42 pm

vishwen wrote:Brother , dI'd the ukba presenting officer was present. Was there any argument in your case. Why you didn't show any evidence. Because like my case, I don't think they can challenge it in the upper tribunal, because they were not present for the hearing.
Brother I don't have any evidence they got psw after submitted application so that't y i did nt tell to judge even judge asked to my solicitor to provide the evidence they got psw after submitter application, so vishwen I will need your help in this situation, please

challenge
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Post by challenge » Mon Aug 26, 2013 8:33 pm

Hi all,

Even my JR was on hold and last week received a letter from HM courts and tribunal service stating

"could you please provide the court with the most up-to-date position of this matter by close business on 06 september 2013"

azizch
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Joined: Tue Jun 25, 2013 12:33 pm

Post by azizch » Mon Aug 26, 2013 9:57 pm

challenge wrote:Hi all,

Even my JR was on hold and last week received a letter from HM courts and tribunal service stating

"could you please provide the court with the most up-to-date position of this matter by close business on 06 september 2013"
How you can provide the up to date position as the JR was on hold because of TSOL. I think Court should ask TSOL about it. So what you are going to do now? any plans?

vishwen
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Post by vishwen » Tue Aug 27, 2013 8:10 am

Brother, what kind of help you need, call me or private me your number, I will explain everything to you.

wasimch
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Post by wasimch » Tue Aug 27, 2013 8:54 am

vishwen wrote:Brother, what kind of help you need, call me or private me your number, I will explain everything to you.
Vishwen plz send me your mobile no or skype ID I will tell u in detail. and what time is suitable for u.

vishwen
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Post by vishwen » Wed Aug 28, 2013 1:34 am

Brother, private me your mobile number, I will call you and see if we can sort out something. I' m still waiting for the decision from the first tier tribunal. Isshallah that I will get a good news.then I will withdraw my claim from JUDICIAL REVIEW.

azizch
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Post by azizch » Fri Aug 30, 2013 1:51 pm

As at CMR today, UT fixed a number of appeals to be heard together on 8.10.13 to consider PSW cases and effect of RAJU/KHATEL decision. Was anyone present there at CMR or have some more information....?

Czybis
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Amended grounds

Post by Czybis » Thu Sep 05, 2013 7:56 am

Hi everyone,

Everybody must have received the letter from TSOL by this time either to withdraw or amend the ground. Did any of you have submitted the amended grounds?? If yes could you please mention what was the amended ground. We must have the strong ground for defence. So pls discuss/share the strong grounds you are going to submit so everyone suffering can get relief.

I can't pay solicitor fee anymore. I discussed with my solicitor and he said I can represent myself in the court without the solicitor and defend myself. I'm thinking to proceed my JR without a solicitor. pls share your ideas.

Good luck everyone.

azizch
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Post by azizch » Thu Sep 05, 2013 5:14 pm

I did nt get any letter from TSOL yet. As upper tribunal has selected some appeals regarding psw cases and effect of CoA decision in khatel and its effect on other psw cases so fingers crossed as it depends on upper tribunal and the appellants how and which grounds they present in hearing. In JR one amended ground may be the reference of people who got psw even after late results.....

zamanam
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Khatel, ACCA PSW &Malik -his abilities, experience integ

Post by zamanam » Sat Sep 14, 2013 7:58 pm

I think Zane Malik neither has skills or abilities to win the ACCA PSW case - nor have history or experience to win this ACCA or khatel type cases - but I also would question if he is trust worthy?

I think in this case link below he represented treasury solicitor - who knows what sort of relationship he has there and also why he missed deadline of Khatel to go higher!!

I don't know if he is dodgy or just incompetent or both - but sure very greedy these all malik law lot!!

http://www.bailii.org/uk/cases/UKUT/IAC ... 8_iac.html

vishwen
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Post by vishwen » Wed Sep 18, 2013 4:43 pm

<<<<<<<<<<<< GOOOOOOOOOOOOOOD NEWSSSSSSSSS >>>>>

HI GUYS, I GOT DECISION FOR MY FIRST TRIBUNAL DECISON TODAY AND I WON MY APPEAL REGARDLESS OF KHATEL& OTHERS :D :D :D :D :D :D

I DON'T KNOW ON WHICH GROUND I WON THE APPEAL, I WILL GO AND SEE MY SOLICITOR TOMORROW AND WIL LET YO KNOW

GOOD LUCK TO EVERYONE

challenge
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Post by challenge » Wed Sep 18, 2013 5:10 pm

@ vishwen

Really some Good News after long time :D

But what about your JR??

Hope something good happens on 8/10/13 as well.

vishwen
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Post by vishwen » Wed Sep 18, 2013 5:36 pm

I WIL SPEAK TO MY SOLICITOR TOMORROW, I NEED TO WAIT IF THE UKBA WILL CHALLENGE THE CAS FURTHER, WHICH IDON'T THINK SO, BECAUSE THEY DIDN'T COME FOR THE HEARING IN THE FIRST TIER TRIBUNAL. I THINK MY SOLICITOR WILL WITHDRAW THE...... JR ...., BUT WILL CLAIM FOR COST.

LETS WAIT AND SEE WHAT HAPPEN, ALL I KNOW IS THAT THE GROUND OF THE DECISION HAVE NOTHING TO DO WITH KHATEL& OTHERS.

WILL KEP YOU UPDATE TOMORROW, WHEN I WILL HAVE MY DECISION IN MY HAND.

I PRAY THAT EACH AND EVERYONE OF YO WILL WIN THE CASE, AT LEAST ALL OF YOU CAN WORK FULL TIME FOR 2 YEARS AND THEN DECIDED WHAT TO DO NEXT..........................

challenge
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Post by challenge » Wed Sep 18, 2013 6:28 pm

I pray for same

:)

Well if THE GROUND OF THE DECISION HAD NOTHING TO DO WITH KHATEL& OTHERS then its really amazing and hope UKBA doesn't pursue this case further.

vishwen
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Post by vishwen » Sat Sep 21, 2013 8:34 pm

<<< HI GUYS I WON THE APPEAL ONLY ON THIS BASIS : certificate has yet to be issued, the
applicant will be unable to provide the original
certificate of award. In these circumstances,
the applicant must provide:
ii) an original letter from the institution at
which the applicant studied towards his/her
eligible qualification. The letter must be an
original letter (not a copy), on the official
letter-headed paper of the United Kingdom
institution at which the applicant studied. It
must have been issued by an authorised
official and must confirm the:
• applicant’s name;
• title of the qualification;
• Date of the award (as defined in
paragraph 79 of these guidance notes);
• the body awarding the qualification;
• explain the reason why the applicant is
unable to provide their original certificate
of award; and
• confirm that the certificate will be issued

vishwen
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Post by vishwen » Tue Sep 24, 2013 8:58 am

Hi guys, I called my solicitor and she said 5 days is over and the ukba didn't challenge the case further. I' m happy the case are finally over.now I' m going to withdraw my case from JR. Now I will chase ukba for my visa. It will take 4 weeks to for the decision to reach the visa section, and it will take 8 weeks to process. Now the battle is over.

vishwen
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Post by vishwen » Tue Sep 24, 2013 9:44 am

Hi guys, I called my solicitor and she said 5 days is over and the ukba didn't challenge the case further. I' m happy the case are finally over.now I' m going to withdraw my case from JR. Now I will chase ukba for my visa. It will take 4 weeks to for the decision to reach the visa section, and it will take 8 weeks to process. Now the battle is over.

wasimch
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Post by wasimch » Tue Sep 24, 2013 10:08 pm

vishwen wrote:Hi guys, I called my solicitor and she said 5 days is over and the ukba didn't challenge the case further. I' m happy the case are finally over.now I' m going to withdraw my case from JR. Now I will chase ukba for my visa. It will take 4 weeks to for the decision to reach the visa section, and it will take 8 weeks to process. Now the battle is over.
Can u tell me when your case was heard because in some cases the students won their cases from the First Tribunal got the letter after 7 to 8 days that Secretary of State granted permission for the Upper Tribunal but I pray for you that you get the visa.

vishwen
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Post by vishwen » Wed Sep 25, 2013 6:57 am

My case was heard on 19 august 2013, and I got decision on the 17 September 2013. I don't think they will challenge because I got all the evidence in my bundle even the judge mentioned that it was a INCONSISTENCY OF THE DECISION MAKING FROM UKBA.even if they challenge my Jr still pending and permission already been granted, both ways it will be in my favours.I will wait till end of this week and see, by the way one of my friend got visa yesterday it been stamped from 18September2013 till 18 September 2015.

wasimch
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Post by wasimch » Thu Sep 26, 2013 11:10 am

vishwen wrote:My case was heard on 19 august 2013, and I got decision on the 17 September 2013. I don't think they will challenge because I got all the evidence in my bundle even the judge mentioned that it was a INCONSISTENCY OF THE DECISION MAKING FROM UKBA.even if they challenge my Jr still pending and permission already been granted, both ways it will be in my favours.I will wait till end of this week and see, by the way one of my friend got visa yesterday it been stamped from 18September2013 till 18 September 2015.
So it is good news for us can u tell me what was the date of award your qualification means when your University announced the result after 4th April 2012 or before.

vishwen
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Post by vishwen » Thu Sep 26, 2013 11:37 am

27 June 2013. 5 days are over and they didn't challenge the case.

wasimch
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Post by wasimch » Thu Sep 26, 2013 2:13 pm

vishwen wrote:27 June 2013. 5 days are over and they didn't challenge the case.
Plz also tell me when you competed your course work for degree. and what date was mentioned on the course completion letter by the college. I am very happy that u will get visa.

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