PSW refusal and submitted Judicial Review..

Tobacco26 wrote:Hi evribody
i won case in first tier tribunal few mnths ago nd till dat time khatel case was not decided in coa...home office appealed agnst decision and aftr few days of my decision khatel case decided so court allowed thier appeal nd few days ago i had hearing at upper tribunal where jugde had no other option excpt followng khatel case decision...mean m gonna lose
my solictr told if u appeal to coa agnst descn there is no chanc they allow ur appeal fr hearing cz by law u hv no point to appeal on..ultmtly u wil hav to leav cntry widn givn time period.
is there anybdy who got the same situation or cud advise me smthng helpful???

I had the same issues like you. Best solution is now switch into any other visa categories (Which I did already) if you can manage sponsor. But before you apply make sure your case get exhausted from court, you will still get 28 days to make a fresh application. I have applied for tier 2 and after my bio metric case worker sent me a letter to wait until case get exhausted from court therefore wait until you get letter from court. So don't worry bro there is still hope those we lost because of khatel case.

azizch wrote:Just wait for UT hearing on 8 Oct as it will decide the future of all others with same issues. Hope for any thing +ive there insha ALLAH.

Thanx Aziz bro..Insha ALLAH

hotash wrote:

Tobacco26 wrote:Hi evribody
i won case in first tier tribunal few mnths ago nd till dat time khatel case was not decided in coa...home office appealed agnst decision and aftr few days of my decision khatel case decided so court allowed thier appeal nd few days ago i had hearing at upper tribunal where jugde had no other option excpt followng khatel case decision...mean m gonna lose
my solictr told if u appeal to coa agnst descn there is no chanc they allow ur appeal fr hearing cz by law u hv no point to appeal on..ultmtly u wil hav to leav cntry widn givn time period.
is there anybdy who got the same situation or cud advise me smthng helpful???

I had the same issues like you. Best solution is now switch into any other visa categories (Which I did already) if you can manage sponsor. But before you apply make sure your case get exhausted from court, you will still get 28 days to make a fresh application. I have applied for tier 2 and after my bio metric case worker sent me a letter to wait until case get exhausted from court therefore wait until you get letter from court. So don't worry bro there is still hope those we lost because of khatel case.

i think u still had visa wen u made anothr aplcatn for tier 2..??
my pblm is that my visa was expired few mnths back and according to my solictr dnt knw he is rite or not that i hv no other optn excpt leaving this country and make fresh aplication frm home cntry in ani other catgry.
pls advise me smthng if u have any idea how to deal wid this situation when i hv no visa.
thanx fr ur suggestion

Any applicant who is applying for leave to remain must not have remained in the UK for longer than 28 days after the expiry of their original grant of leave, on the date of their application. This is commonly known as overstaying.
The 28 day period of overstaying is calculated from the latest of:
- the last day of their latest grant of leave to enter or remain
- the end of any extension of leave they were given under sections 3C or 3D of the Immigration Act 1971, or
- the date the applicant is deemed to have received a written notice of invalidity, in line with paragraph 34C or 34CA of the Immigration Rules, relating to an in-time application for leave to remain.

My visa was expire May 2012. Please read the above quote. You are under section 3C, Immigration act 1971. therefore, you still have right to make a fresh application, but make sure you wait until your case get exhausted from court. when you receive a final letter from court that you have no further right of appeal, make sure you apply within 28 days from letter dated. Even you can withdraw your appeal but the day you withdraw your appeal it is recommended to apply on the same day, 28 days start from the day withdraw your appeal. my recommendation, wait until your case last day.

I strongly suggest you to find sponsor as soon as possible this is because khatel case will strongly effect on all other PSW applicant on 08.10.2013. Khatel didn't get permission from SC. Only 93 case get permission each year in SC. Also Zane malik does not have much stronger ground to get permission. Pls dont get upset that is my findings so far.

If you need further you can inbox me privately.

hotash wrote:Any applicant who is applying for leave to remain must not have remained in the UK for longer than 28 days after the expiry of their original grant of leave, on the date of their application. This is commonly known as overstaying.
The 28 day period of overstaying is calculated from the latest of:
- the last day of their latest grant of leave to enter or remain
- the end of any extension of leave they were given under sections 3C or 3D of the Immigration Act 1971, or
- the date the applicant is deemed to have received a written notice of invalidity, in line with paragraph 34C or 34CA of the Immigration Rules, relating to an in-time application for leave to remain.

My visa was expire May 2012. Please read the above quote. You are under section 3C, Immigration act 1971. therefore, you still have right to make a fresh application, but make sure you wait until your case get exhausted from court. when you receive a final letter from court that you have no further right of appeal, make sure you apply within 28 days from letter dated. Even you can withdraw your appeal but the day you withdraw your appeal it is recommended to apply on the same day, 28 days start from the day withdraw your appeal. my recommendation, wait until your case last day.

I strongly suggest you to find sponsor as soon as possible this is because khatel case will strongly effect on all other PSW applicant on 08.10.2013. Khatel didn't get permission from SC. Only 93 case get permission each year in SC. Also Zane malik does not have much stronger ground to get permission. Pls dont get upset that is my findings so far.

If you need further you can inbox me privately.

Hotash I have the same situation brother I won the PSW case from first tribunal and lost in Upper tribunal. At this stage my case is in the court of appeal for grant of the permission I don't know will happen. Brother how I make new application for Tier 4 category is it possible or not because I am interested to take admission in M.Phi. So please guide me in this situation. Can I make application for Visa or Not in other category. Thanks

hotash wrote:Any applicant who is applying for leave to remain must not have remained in the UK for longer than 28 days after the expiry of their original grant of leave, on the date of their application. This is commonly known as overstaying.
The 28 day period of overstaying is calculated from the latest of:
- the last day of their latest grant of leave to enter or remain
- the end of any extension of leave they were given under sections 3C or 3D of the Immigration Act 1971, or
- the date the applicant is deemed to have received a written notice of invalidity, in line with paragraph 34C or 34CA of the Immigration Rules, relating to an in-time application for leave to remain.

My visa was expire May 2012. Please read the above quote. You are under section 3C, Immigration act 1971. therefore, you still have right to make a fresh application, but make sure you wait until your case get exhausted from court. when you receive a final letter from court that you have no further right of appeal, make sure you apply within 28 days from letter dated. Even you can withdraw your appeal but the day you withdraw your appeal it is recommended to apply on the same day, 28 days start from the day withdraw your appeal. my recommendation, wait until your case last day.

I strongly suggest you to find sponsor as soon as possible this is because khatel case will strongly effect on all other PSW applicant on 08.10.2013. Khatel didn't get permission from SC. Only 93 case get permission each year in SC. Also Zane malik does not have much stronger ground to get permission. Pls dont get upset that is my findings so far.

If you need further you can inbox me privately.

Thanx alot brothr ur info is a big relief for me atlst for time being that i will still have 28 days to make a fresh application after final court letter.
now i will start finding any tier2 sponser
thnx again brother i will msg u privately

wasimch wrote:

hotash wrote:Any applicant who is applying for leave to remain must not have remained in the UK for longer than 28 days after the expiry of their original grant of leave, on the date of their application. This is commonly known as overstaying.
The 28 day period of overstaying is calculated from the latest of:
- the last day of their latest grant of leave to enter or remain
- the end of any extension of leave they were given under sections 3C or 3D of the Immigration Act 1971, or
- the date the applicant is deemed to have received a written notice of invalidity, in line with paragraph 34C or 34CA of the Immigration Rules, relating to an in-time application for leave to remain.

My visa was expire May 2012. Please read the above quote. You are under section 3C, Immigration act 1971. therefore, you still have right to make a fresh application, but make sure you wait until your case get exhausted from court. when you receive a final letter from court that you have no further right of appeal, make sure you apply within 28 days from letter dated. Even you can withdraw your appeal but the day you withdraw your appeal it is recommended to apply on the same day, 28 days start from the day withdraw your appeal. my recommendation, wait until your case last day.

I strongly suggest you to find sponsor as soon as possible this is because khatel case will strongly effect on all other PSW applicant on 08.10.2013. Khatel didn't get permission from SC. Only 93 case get permission each year in SC. Also Zane malik does not have much stronger ground to get permission. Pls dont get upset that is my findings so far.

If you need further you can inbox me privately.

Hotash I have the same situation brother I won the PSW case from first tribunal and lost in Upper tribunal. At this stage my case is in the court of appeal for grant of the permission I don't know will happen. Brother how I make new application for Tier 4 category is it possible or not because I am interested to take admission in M.Phi. So please guide me in this situation. Can I make application for Visa or Not in other category. Thanks

wasim bro can u tell me pls wen u appealed in coa mean what is estimated time that they decide whether to allow appeal or not..moreover cn u pls suggest that on what ground i should appeal to coa after coa has given decision on khatel..thnx

Tobacco26 wrote:

wasimch wrote:

hotash wrote:Any applicant who is applying for leave to remain must not have remained in the UK for longer than 28 days after the expiry of their original grant of leave, on the date of their application. This is commonly known as overstaying.
The 28 day period of overstaying is calculated from the latest of:
- the last day of their latest grant of leave to enter or remain
- the end of any extension of leave they were given under sections 3C or 3D of the Immigration Act 1971, or
- the date the applicant is deemed to have received a written notice of invalidity, in line with paragraph 34C or 34CA of the Immigration Rules, relating to an in-time application for leave to remain.

My visa was expire May 2012. Please read the above quote. You are under section 3C, Immigration act 1971. therefore, you still have right to make a fresh application, but make sure you wait until your case get exhausted from court. when you receive a final letter from court that you have no further right of appeal, make sure you apply within 28 days from letter dated. Even you can withdraw your appeal but the day you withdraw your appeal it is recommended to apply on the same day, 28 days start from the day withdraw your appeal. my recommendation, wait until your case last day.

I strongly suggest you to find sponsor as soon as possible this is because khatel case will strongly effect on all other PSW applicant on 08.10.2013. Khatel didn't get permission from SC. Only 93 case get permission each year in SC. Also Zane malik does not have much stronger ground to get permission. Pls dont get upset that is my findings so far.

If you need further you can inbox me privately.

Hotash I have the same situation brother I won the PSW case from first tribunal and lost in Upper tribunal. At this stage my case is in the court of appeal for grant of the permission I don't know will happen. Brother how I make new application for Tier 4 category is it possible or not because I am interested to take admission in M.Phi. So please guide me in this situation. Can I make application for Visa or Not in other category. Thanks

wasim bro can u tell me pls wen u appealed in coa mean what is estimated time that they decide whether to allow appeal or not..moreover cn u pls suggest that on what ground i should appeal to coa after coa has given decision on khatel..thnx

Brother my case is in process u give the ground to CMR all PSW application will be decided on the first week of coming month so plz wait till the decision of Upper tribunal regrading pse cases. Thanks

Hi everyone,

I have been following this forum since January. I am really thankful to this forum.

I applied for PSW on ACCA last year. It's been refused and it's been in JR since then. My visa has been expired. My case dependent on Syed/Ahmed case. So, I am waiting for the answer.

I am totally confused because lack of guidance on Judicial Review on the web and my solicitor doesn't have enough knowledge.

I hope you guys can help me. I have few questions which are as follows:

1) What is my legal status if I am on Judicial review? My visa is expired.
2) Can I work for part time?
3) If Judicial review dismissed or COA rejected or they do not give the permission to go in COA, can I apply from inside UK for any other visa or I have to go back to my country and apply from there?

I am really fixed now. I don't know what to do.

Looking forward for your reply guys.

Many Thanks.

Rishit

rishitv wrote:Hi everyone,

I have been following this forum since January. I am really thankful to this forum.

I applied for PSW on ACCA last year. It's been refused and it's been in JR since then. My visa has been expired. My case dependent on Syed/Ahmed case. So, I am waiting for the answer.

I am totally confused because lack of guidance on Judicial Review on the web and my solicitor doesn't have enough knowledge.

I hope you guys can help me. I have few questions which are as follows:

1) What is my legal status if I am on Judicial review? My visa is expired.
2) Can I work for part time?
3) If Judicial review dismissed or COA rejected or they do not give the permission to go in COA, can I apply from inside UK for any other visa or I have to go back to my country and apply from there?

I am really fixed now. I don't know what to do.

Looking forward for your reply guys.

Many Thanks.

Rishit

Bro if you see my post regarding legal status probably it will help you.

As your case in JR your last valid leave will be extended by the virtue of Section 3C, immigration act 1971. If you lose your case or get exhausted from JR your section 3C will end and you will have 28 days to apply for variation leave.

If your last visa has permission to work, you can work while your appeal is pending in accordance with status.
Thanks bro hope you got your answer

hotash wrote:

rishitv wrote:Hi everyone,

I have been following this forum since January. I am really thankful to this forum.

I applied for PSW on ACCA last year. It's been refused and it's been in JR since then. My visa has been expired. My case dependent on Syed/Ahmed case. So, I am waiting for the answer.

I am totally confused because lack of guidance on Judicial Review on the web and my solicitor doesn't have enough knowledge.

I hope you guys can help me. I have few questions which are as follows:

1) What is my legal status if I am on Judicial review? My visa is expired.
2) Can I work for part time?
3) If Judicial review dismissed or COA rejected or they do not give the permission to go in COA, can I apply from inside UK for any other visa or I have to go back to my country and apply from there?

I am really fixed now. I don't know what to do.

Looking forward for your reply guys.

Many Thanks.

Rishit

Bro if you see my post regarding legal status probably it will help you.

As your case in JR your last valid leave will be extended by the virtue of Section 3C, immigration act 1971. If you lose your case or get exhausted from JR your section 3C will end and you will have 28 days to apply for variation leave.

If your last visa has permission to work, you can work while your appeal is pending in accordance with status.
Thanks bro hope you got your answer

Brother My visa was expired on 17th May 2012, PSW applied on 4th April 2012 I won the case from First Tribunal in May 2013 and lost the case from Upper Tribunal in Sept 2013. At this stage my case is in process in Court of Appeal for permission. My question is can I apply for M.Phil or any other degree programme at this stage.

hotash wrote:

rishitv wrote:Hi everyone,

I have been following this forum since January. I am really thankful to this forum.

I applied for PSW on ACCA last year. It's been refused and it's been in JR since then. My visa has been expired. My case dependent on Syed/Ahmed case. So, I am waiting for the answer.

I am totally confused because lack of guidance on Judicial Review on the web and my solicitor doesn't have enough knowledge.

I hope you guys can help me. I have few questions which are as follows:

1) What is my legal status if I am on Judicial review? My visa is expired.
2) Can I work for part time?
3) If Judicial review dismissed or COA rejected or they do not give the permission to go in COA, can I apply from inside UK for any other visa or I have to go back to my country and apply from there?

I am really fixed now. I don't know what to do.

Looking forward for your reply guys.

Many Thanks.

Rishit

Bro if you see my post regarding legal status probably it will help you.

As your case in JR your last valid leave will be extended by the virtue of Section 3C, immigration act 1971. If you lose your case or get exhausted from JR your section 3C will end and you will have 28 days to apply for variation leave.

If your last visa has permission to work, you can work while your appeal is pending in accordance with status.
Thanks bro hope you got your answer

hi Hotash,

Thanks for your answer.

Actually, I never had the right of appeal and I filed the JR. I had student visa with 20 hours work allowed. So, am I eligible for work 20 hours and JR comes under 3C or not?

Looking forward for your reply.

Many Thanks.
Rishit

Brother wasimch,

you can not make fresh application while your appeal is pending. You can only make fresh application when appeal become exhausted from court, means you have no right of appeal left.

hotash wrote:Brother wasimch,

you can not make fresh application while your appeal is pending. You can only make fresh application when appeal become exhausted from court, means you have no right of appeal left.

Thanks brother for replied another question is at this stage my case is in court of appeal for grant of permission still in process brother if i withdraw my case and put new application for visa is it possible. Plz reply

hotash wrote:

rishitv wrote:Hi everyone,

I have been following this forum since January. I am really thankful to this forum.

I applied for PSW on ACCA last year. It's been refused and it's been in JR since then. My visa has been expired. My case dependent on Syed/Ahmed case. So, I am waiting for the answer.

I am totally confused because lack of guidance on Judicial Review on the web and my solicitor doesn't have enough knowledge.

I hope you guys can help me. I have few questions which are as follows:

1) What is my legal status if I am on Judicial review? My visa is expired.
2) Can I work for part time?
3) If Judicial review dismissed or COA rejected or they do not give the permission to go in COA, can I apply from inside UK for any other visa or I have to go back to my country and apply from there?

I am really fixed now. I don't know what to do.

Looking forward for your reply guys.

Many Thanks.

Rishit

Bro if you see my post regarding legal status probably it will help you.

As your case in JR your last valid leave will be extended by the virtue of Section 3C, immigration act 1971. If you lose your case or get exhausted from JR your section 3C will end and you will have 28 days to apply for variation leave.

If your last visa has permission to work, you can work while your appeal is pending in accordance with status.
Thanks bro hope you got your answer

This is not correct. If jr is unsuccesful your options are determined by how long you were without leave. Jr does not extend leave like an appeal. There is no section 3c for jr.

quantum1 wrote:

hotash wrote:

rishitv wrote:Hi everyone,

I have been following this forum since January. I am really thankful to this forum.

I applied for PSW on ACCA last year. It's been refused and it's been in JR since then. My visa has been expired. My case dependent on Syed/Ahmed case. So, I am waiting for the answer.

I am totally confused because lack of guidance on Judicial Review on the web and my solicitor doesn't have enough knowledge.

I hope you guys can help me. I have few questions which are as follows:

1) What is my legal status if I am on Judicial review? My visa is expired.
2) Can I work for part time?
3) If Judicial review dismissed or COA rejected or they do not give the permission to go in COA, can I apply from inside UK for any other visa or I have to go back to my country and apply from there?

I am really fixed now. I don't know what to do.

Looking forward for your reply guys.

Many Thanks.

Rishit

Bro if you see my post regarding legal status probably it will help you.

As your case in JR your last valid leave will be extended by the virtue of Section 3C, immigration act 1971. If you lose your case or get exhausted from JR your section 3C will end and you will have 28 days to apply for variation leave.

If your last visa has permission to work, you can work while your appeal is pending in accordance with status.
Thanks bro hope you got your answer

This is not correct. If jr is unsuccesful your options are determined by how long you were without leave. Jr does not extend leave like an appeal. There is no section 3c for jr.

Guys good news !! I have just received my visa today. My visa expiry date is 10/2016.

As you know I have witdrawn my PSW appeal after katel lost at COA. I always said you can make fresh application if you withdraw your appeal.


quantam1 I spoke to my solicitor regarding JR, section 3c may be apply to to JR case this is because you have to be legal in the UK to make a claim in JR. So what status you will have if you do not have right to leave?

But those brother are in JR please make sure, you speak to your solicitor regarding your case and your legal option.

And those brother got appeal permission at the time of PSW refusal, you are covered by section 3C. if you withdraw your appeal your section 3C will end, and you can make fresh application. Thats what i did and got my visa. But my recommendation is, if you withdraw your appeal, make a fresh application in the same day.

hotash wrote:

quantum1 wrote:

hotash wrote:

rishitv wrote:Hi everyone,

I have been following this forum since January. I am really thankful to this forum.

I applied for PSW on ACCA last year. It's been refused and it's been in JR since then. My visa has been expired. My case dependent on Syed/Ahmed case. So, I am waiting for the answer.

I am totally confused because lack of guidance on Judicial Review on the web and my solicitor doesn't have enough knowledge.

I hope you guys can help me. I have few questions which are as follows:

1) What is my legal status if I am on Judicial review? My visa is expired.
2) Can I work for part time?
3) If Judicial review dismissed or COA rejected or they do not give the permission to go in COA, can I apply from inside UK for any other visa or I have to go back to my country and apply from there?

I am really fixed now. I don't know what to do.

Looking forward for your reply guys.

Many Thanks.

Rishit

Bro if you see my post regarding legal status probably it will help you.

As your case in JR your last valid leave will be extended by the virtue of Section 3C, immigration act 1971. If you lose your case or get exhausted from JR your section 3C will end and you will have 28 days to apply for variation leave.

If your last visa has permission to work, you can work while your appeal is pending in accordance with status.
Thanks bro hope you got your answer

This is not correct. If jr is unsuccesful your options are determined by how long you were without leave. Jr does not extend leave like an appeal. There is no section 3c for jr.

Guys good news !! I have just received my visa today. My visa expiry date is 10/2016.

As you know I have witdrawn my PSW appeal after katel lost at COA. I always said you can make fresh application if you withdraw your appeal.


quantam1 I spoke to my solicitor regarding JR, section 3c may be apply to to JR case this is because you have to be legal in the UK to make a claim in JR. So what status you will have if you do not have right to leave?

But those brother are in JR please make sure, you speak to your solicitor regarding your case and your legal option.

And those brother got appeal permission at the time of PSW refusal, you are covered by section 3C. if you withdraw your appeal your section 3C will end, and you can make fresh application. Thats what i did and got my visa. But my recommendation is, if you withdraw your appeal, make a fresh application in the same day.

which visa is that? student?

laghari_iam wrote:

hotash wrote:

quantum1 wrote:

hotash wrote:

Bro if you see my post regarding legal status probably it will help you.

As your case in JR your last valid leave will be extended by the virtue of Section 3C, immigration act 1971. If you lose your case or get exhausted from JR your section 3C will end and you will have 28 days to apply for variation leave.

If your last visa has permission to work, you can work while your appeal is pending in accordance with status.
Thanks bro hope you got your answer

This is not correct. If jr is unsuccesful your options are determined by how long you were without leave. Jr does not extend leave like an appeal. There is no section 3c for jr.

Guys good news !! I have just received my visa today. My visa expiry date is 10/2016.

As you know I have witdrawn my PSW appeal after katel lost at COA. I always said you can make fresh application if you withdraw your appeal.


quantam1 I spoke to my solicitor regarding JR, section 3c may be apply to to JR case this is because you have to be legal in the UK to make a claim in JR. So what status you will have if you do not have right to leave?

But those brother are in JR please make sure, you speak to your solicitor regarding your case and your legal option.

And those brother got appeal permission at the time of PSW refusal, you are covered by section 3C. if you withdraw your appeal your section 3C will end, and you can make fresh application. Thats what i did and got my visa. But my recommendation is, if you withdraw your appeal, make a fresh application in the same day.

which visa is that? student?

Brother Can u tell me when u withdraw your psw case and at what stage u withdraw psw means after refusal court decision or before. Secondly in which course u were taken admission and how much u paid for CAS. My case is also in Court of appeal for grant for permission my question is can I apply Student visa from uk or not.Thanks

wasimch wrote:

laghari_iam wrote:

hotash wrote:

quantum1 wrote:
This is not correct. If jr is unsuccesful your options are determined by how long you were without leave. Jr does not extend leave like an appeal. There is no section 3c for jr.

Guys good news !! I have just received my visa today. My visa expiry date is 10/2016.

As you know I have witdrawn my PSW appeal after katel lost at COA. I always said you can make fresh application if you withdraw your appeal.


quantam1 I spoke to my solicitor regarding JR, section 3c may be apply to to JR case this is because you have to be legal in the UK to make a claim in JR. So what status you will have if you do not have right to leave?

But those brother are in JR please make sure, you speak to your solicitor regarding your case and your legal option.

And those brother got appeal permission at the time of PSW refusal, you are covered by section 3C. if you withdraw your appeal your section 3C will end, and you can make fresh application. Thats what i did and got my visa. But my recommendation is, if you withdraw your appeal, make a fresh application in the same day.

which visa is that? student?

Brother Can u tell me when u withdraw your psw case and at what stage u withdraw psw means after refusal court decision or before. Secondly in which course u were taken admission and how much u paid for CAS. My case is also in Court of appeal for grant for permission my question is can I apply Student visa from uk or not.Thanks

brother any time you can withdraw your appeal but don't withdraw if the hearing date is no more than 3 weeks left. wait until your case ends.

yes you can apply for a student visa in the UK if you are not in any under immigration limit. In your case you can withdraw your appeal but you have to be sure you are applying in the same day because your section 3c will end. Always My recommendation is, wait until your case close from court though I withdrawn my appeal. This is because home office will hold your application until they receive exhaust letter from court.


I got job and applied for tier 2 and got visa.

Hi all,

Anyone went to the court on 8/10/13, how were the arguments??

thanks

challenge wrote:Hi all,

Anyone went to the court on 8/10/13, how were the arguments??

thanks

Still waiting for the upper tribunal decision but another news is that Mansoor Ali Court of Appeal decision came on 09-10-2013 in which Secretary of State accepted the Section 85A that the appellant (Mansoor Ali) degree awarded after the Secretary of State decision so this is very important point for those students they lost their appeal on the basis of Khatel Case.

Hope this time they give judgement bit quickly and we don't have to wait again 2-3 weeks

wasimch wrote:

challenge wrote:Hi all,

Anyone went to the court on 8/10/13, how were the arguments??

thanks

Still waiting for the upper tribunal decision but another news is that Mansoor Ali Court of Appeal decision came on 09-10-2013 in which Secretary of State accepted the Section 85A that the appellant (Mansoor Ali) degree awarded after the Secretary of State decision so this is very important point for those students they lost their appeal on the basis of Khatel Case.

can u pls tell what positive dfrnce mansoor decsn would make on psw refusals in upper tribunal? and how can i make it a ground to appeal against upper tribunal decsn i got which is simply following khatel?
Thanx

Tobacco26 wrote:

wasimch wrote:

challenge wrote:Hi all,

Anyone went to the court on 8/10/13, how were the arguments??

thanks

Still waiting for the upper tribunal decision but another news is that Mansoor Ali Court of Appeal decision came on 09-10-2013 in which Secretary of State accepted the Section 85A that the appellant (Mansoor Ali) degree awarded after the Secretary of State decision so this is very important point for those students they lost their appeal on the basis of Khatel Case.

can u pls tell what positive dfrnce mansoor decsn would make on psw refusals in upper tribunal? and how can i make it a ground to appeal against upper tribunal decsn i got which is simply following khatel?
Thanx

In ALi case, Paragraph 6 records an important concession by the Home Secretary as to the evidential bar in s85A (2002 Act):The appellant did raise a fresh ground by way of appeal on 20 May 2011. He said he met the requirements for leave to remain as a Tier 1(Post-Study Work) Migrant. He said he had filled in the wrong form by mistake and knew he did not satisfy the requirements under Tier 1 (General) Migrant. The First Tier Tribunal dismissed this aspect of the appeal because the requisite number of 75 points had not been accumulated at the date of the application [12]. The Upper Tribunal dismissed the appeal because evidence of the award of the degree could not be adduced by virtue of Section 85A(4)(a). The Secretary of State accepts that evidence of the award could have been relied upon if it was adduced before she made her decision on 17 March 2011.

azizch wrote:

Tobacco26 wrote:

wasimch wrote:

challenge wrote:Hi all,

Anyone went to the court on 8/10/13, how were the arguments??

thanks

Still waiting for the upper tribunal decision but another news is that Mansoor Ali Court of Appeal decision came on 09-10-2013 in which Secretary of State accepted the Section 85A that the appellant (Mansoor Ali) degree awarded after the Secretary of State decision so this is very important point for those students they lost their appeal on the basis of Khatel Case.

can u pls tell what positive dfrnce mansoor decsn would make on psw refusals in upper tribunal? and how can i make it a ground to appeal against upper tribunal decsn i got which is simply following khatel?
Thanx

In ALi case, Paragraph 6 records an important concession by the Home Secretary as to the evidential bar in s85A (2002 Act):The appellant did raise a fresh ground by way of appeal on 20 May 2011. He said he met the requirements for leave to remain as a Tier 1(Post-Study Work) Migrant. He said he had filled in the wrong form by mistake and knew he did not satisfy the requirements under Tier 1 (General) Migrant. The First Tier Tribunal dismissed this aspect of the appeal because the requisite number of 75 points had not been accumulated at the date of the application [12]. The Upper Tribunal dismissed the appeal because evidence of the award of the degree could not be adduced by virtue of Section 85A(4)(a). The Secretary of State accepts that evidence of the award could have been relied upon if it was adduced before she made her decision on 17 March 2011.

Does that mean we can raise point that degree was with case worker at time of decision who should have relied on it as she says above or what??
pls tell me any ground to make an appeal against upper tribunal decsn i recvd yesterday..pls suggest some grounds and within how many days i have to appeal??
thanx alottt