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

query

Post by laghari_iam » Tue Feb 19, 2013 4:21 pm

vishwen wrote:DEAR ALL,
LET ME TELL YOU THAT, THE UKBA DON'T HAVE ANY EVIDENCE. REGARDING MY CASE MY SOLICITORE SENT A PRE-ACTION LETTER IN SEPTEMBER AND THEY WITHDRAW THEIR DECISION , THEY SAID THEY WILL RE-CONSIDER THE CASE AGAIN. BUT IN OCTOBER THEY REFUSED ON THE SAME BASIS OF THE DATE OF AWARD.MY SOLICITOR FILE A CLAIM FOR JR IN THE COURT, THE TREASURY SOLICITOR DIDN'T SUBMIT ANY SEVICE OF ACKNOWLODGEMENT SO FAR. IT'S BEEN 3 MONTHS ALREADY.
LAST WEEK MY SOLICITOR RECIEVED A LETTER OF CONSENT FROM UKBA,SUGGESTING TO HOLD MY CLAIM, AS THEY ARE IN PROCESS TO APPEAL IN THE COURT OF APPEAL AGAINST THE UPPER TRIBUNAL DECISION, AS THEY HAVE 21 DAYS TO DO SO.
STILL WE DON'T KNOW IF THE PERMISSION BEEN GRANTED OR NOT, AS WE DIDN'T GET ANY REPLY FROM THEM.ANY SUGGESTION PLEASE SHARE..........

i've submitted my pre protocol action as well its nearly 2 weeks now hoping to hear from them within few days.. can you please describe exactly what was written in the letter you received from them last week? they will take action according to the decision of khaleel case or every case will b treated individualy? well this is confirmed that they've got the permission to go against khaleel case and now hoping their grounds couldn't convince the judges.

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

work

Post by laghari_iam » Tue Feb 19, 2013 4:24 pm

vishwen wrote:DEAR ASIF,

I'M ALSO IN THE SAME SITUATION LIKE LIKE YOU, BUT MY SOLICITORS DID THEIR BEST, AND I GOT A LETTER FROM THE HIGH COURT WHICH ALLOWS ME TO WORK, UNTILL AN OUTCOME FOR THE JUDICIAL REVIEW.

ALSO JUST REFER TO THE CASE OF KHATEL AND OTHERS, THEY JUST WON THEIR CASE IN THE UPPER TRIBUNAL, REGARDING THE DATE OF AWARD AFTER SUBMITTING THE APPLICATION.

Khatel and Others (S85A; Effect of Continuing Application) Nepal; UTIAC 28-Jan-2013.

thanks
vishwen
what visa were u in before applying psw? if it was 20 hrs then thats y they've sended u a letter from court so you can work.

gondal786
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withdrwl

Post by gondal786 » Tue Feb 19, 2013 11:22 pm

any update about homeoffice withdrwl in 1st tribunal?

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

Re: withdrwl

Post by wasimraza121 » Wed Feb 20, 2013 12:57 am

gondal786 wrote:any update about homeoffice withdrwl in 1st tribunal?
Psw khatel and others s85a was won in upper tribunal, now HO has appealed in Court of Appeal. Pray to Almighty so that HO fail to accumulate evidence against khatel case.

laghari_iam
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Post by laghari_iam » Wed Feb 20, 2013 1:08 am

that means they have to challenge all the already won upper tribunal cases individually?

wasimraza121
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Post by wasimraza121 » Wed Feb 20, 2013 1:51 am

laghari_iam wrote:that means they have to challenge all the already won upper tribunal cases individually?
As far as I know HO has hold all the PSW award after 4th april, they are dealing with khatel and others s85a case which they lost in upper tribunal.they have lodged an appeal in the court of appeal. So far not outcome has come out as far as i know. Lets pray to Almighty so that HO fails to convince the Judges about Khatel case. Please please pray to Almighty.

laghari_iam
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Post by laghari_iam » Wed Feb 20, 2013 2:20 am

wasimraza121 wrote:
laghari_iam wrote:that means they have to challenge all the already won upper tribunal cases individually?
As far as I know HO has hold all the PSW award after 4th april, they are dealing with khatel and others s85a case which they lost in upper tribunal.they have lodged an appeal in the court of appeal. So far not outcome has come out as far as i know. Lets pray to Almighty so that HO fails to convince the Judges about Khatel case. Please please pray to Almighty.
im praying since almost 1 year now. INSHALLAH every thing will b fine.

laghari_iam
Junior Member
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good news

Post by laghari_iam » Wed Feb 20, 2013 1:43 pm

just got to know that one of my frnd had got a letter from home office yesterday asked him to send his passport for visa..he won first tribunal then H.O challenged him further in upper tribunal but H.O grounds were week thats y judge gave it in the favor of my frnd. so hopefully he will get his PSW after an year within couple of weeks. :)

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

Re: good news

Post by wasimraza121 » Wed Feb 20, 2013 2:18 pm

laghari_iam wrote:just got to know that one of my frnd had got a letter from home office yesterday asked him to send his passport for visa..he won first tribunal then H.O challenged him further in upper tribunal but H.O grounds were week thats y judge gave it in the favor of my frnd. so hopefully he will get his PSW after an year within couple of weeks. :)
are you sure about this? as far as i know all the PSW award after 4th april have been hold by the HO.

please make sure.

kiranchinnu
Member of Standing
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Re: good news

Post by kiranchinnu » Wed Feb 20, 2013 4:03 pm

wasimraza121 wrote:
laghari_iam wrote:just got to know that one of my frnd had got a letter from home office yesterday asked him to send his passport for visa..he won first tribunal then H.O challenged him further in upper tribunal but H.O grounds were week thats y judge gave it in the favor of my frnd. so hopefully he will get his PSW after an year within couple of weeks. :)
are you sure about this? as far as i know all the PSW award after 4th april have been hold by the HO.

please make sure.
read this :
http://www.ukmalayalee.com/immigration- ... hp?id=Njk5
Information provided is general guidance and does not constitute legal advice.

laghari_iam
Junior Member
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Re: good news

Post by laghari_iam » Wed Feb 20, 2013 5:46 pm

wasimraza121 wrote:
laghari_iam wrote:just got to know that one of my frnd had got a letter from home office yesterday asked him to send his passport for visa..he won first tribunal then H.O challenged him further in upper tribunal but H.O grounds were week thats y judge gave it in the favor of my frnd. so hopefully he will get his PSW after an year within couple of weeks. :)
are you sure about this? as far as i know all the PSW award after 4th april have been hold by the HO.

please make sure.
yes iam sure, i think they have started asking for passports now .

tanzeena
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Location: london,UK

Update about 1st Psw Hearing in JR

Post by tanzeena » Wed Feb 20, 2013 6:56 pm

HI everybody,

I came to know that High court has given a date for first hearing of PSW case on the basis of ACCA Fundamental level on April 17 2013..


Finger crossed.

ALso whoever won the cases on first tier, HO is taking them to UTT.

Also HO invited me to withdraw my case from JR referring to one case won in UTT in June 2012.

Please update your situation regarding the same case

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

Re: good news

Post by wasimraza121 » Wed Feb 20, 2013 9:15 pm

kiranchinnu wrote:
wasimraza121 wrote:
laghari_iam wrote:just got to know that one of my frnd had got a letter from home office yesterday asked him to send his passport for visa..he won first tribunal then H.O challenged him further in upper tribunal but H.O grounds were week thats y judge gave it in the favor of my frnd. so hopefully he will get his PSW after an year within couple of weeks. :)
are you sure about this? as far as i know all the PSW award after 4th april have been hold by the HO.

please make sure.
read this :
http://www.ukmalayalee.com/immigration- ... hp?id=Njk5
this is on Feb 6, just came from my solicitor they have 40 cases pending in the First Tier tribunal, all has been hold until Khatel and others case have been decided in the Court of Appeal.

vishwen
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Post by vishwen » Thu Feb 21, 2013 5:11 pm

dear laghari,

i think you got the wrong information, its doesn't make sense,how come when everbody case is on hold,and your friend got a letter from HO.

i think you should update youserlf. by the way i'm still waiting from the court whether the judicial review will be granted or not. the ukba seek to appeal against the decision of khatel in the court of appeal.,so we don't know whether they will have the permission or not.

in case , the permission is granted, they will automatically inform the high court, and a copy will be send to my solicitor, for the time being everything is on hold, and still waiting.

PLEASE UPDATE,IF ANYONE GOT MORE RELEVANT INFORMATION.

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

Post by laghari_iam » Thu Feb 21, 2013 5:33 pm

vishwen wrote:dear laghari,

i think you got the wrong information, its doesn't make sense,how come when everbody case is on hold,and your friend got a letter from HO.

i think you should update youserlf. by the way i'm still waiting from the court whether the judicial review will be granted or not. the ukba seek to appeal against the decision of khatel in the court of appeal.,so we don't know whether they will have the permission or not.

in case , the permission is granted, they will automatically inform the high court, and a copy will be send to my solicitor, for the time being everything is on hold, and still waiting.

PLEASE UPDATE,IF ANYONE GOT MORE RELEVANT INFORMATION.
im not here to give wrong information out my friend whatever i've heard i've just shared that and yes its true he have sended his passport i've reconfirmed from him,he won first tier and then in upper tribunal H.O grounds were week so decision went in favor of him on dec 18th 2012. now after waiting along time he got the letter.
Mayb H.O coudnt challenge him further thats y they've made a decision and i've also got to know that all who've applied for pre protocol JR they'r putting them on hold until khatel case been decided.

rajabrave
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Joined: Mon Feb 18, 2013 7:35 pm

Jr

Post by rajabrave » Thu Feb 21, 2013 5:53 pm

Yes My solicitor told me that they HO got the permission to lodge the appeal against khatel case,But thing is they will hold all JR cases till outcome of that case,as i m realising that it will take 2 month more bcx court of appeal will give hearing in mid of April,so as soon as i get any info i'll update here,so you also please keep updating ....Thanks

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

Re: Jr

Post by laghari_iam » Thu Feb 21, 2013 6:29 pm

rajabrave wrote:Yes My solicitor told me that they HO got the permission to lodge the appeal against khatel case,But thing is they will hold all JR cases till outcome of that case,as i m realising that it will take 2 month more bcx court of appeal will give hearing in mid of April,so as soon as i get any info i'll update here,so you also please keep updating ....Thanks
you sure that they got the permission? or it could take more then 3 months.

rajabrave
Newbie
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Joined: Mon Feb 18, 2013 7:35 pm

Re: Jr

Post by rajabrave » Thu Feb 21, 2013 7:04 pm

laghari_iam wrote:
rajabrave wrote:Yes My solicitor told me that they HO got the permission to lodge the appeal against khatel case,But thing is they will hold all JR cases till outcome of that case,as i m realising that it will take 2 month more bcx court of appeal will give hearing in mid of April,so as soon as i get any info i'll update here,so you also please keep updating ....Thanks
you sure that they got the permission? or it could take more then 3 months.
Yes i m sure they got the permission,they might get date of hearing soon,my solicitor saying it will be most probably in April,so guys Again 2 months waiting.....MAY Allah bless us All.....Ameen

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

Re: Jr

Post by laghari_iam » Thu Feb 21, 2013 7:21 pm

rajabrave wrote:
laghari_iam wrote:
rajabrave wrote:Yes My solicitor told me that they HO got the permission to lodge the appeal against khatel case,But thing is they will hold all JR cases till outcome of that case,as i m realising that it will take 2 month more bcx court of appeal will give hearing in mid of April,so as soon as i get any info i'll update here,so you also please keep updating ....Thanks
you sure that they got the permission? or it could take more then 3 months.
Yes i m sure they got the permission,they might get date of hearing soon,my solicitor saying it will be most probably in April,so guys Again 2 months waiting.....MAY Allah bless us All.....Ameen
this is not good news at all :( .. or they can hear the case on urgent basses.

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

updates?

Post by laghari_iam » Fri Feb 22, 2013 1:34 pm

any updates on HO hearing date etc?

wasimraza121
Junior Member
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Re: updates?

Post by wasimraza121 » Fri Feb 22, 2013 3:12 pm

laghari_iam wrote:any updates on HO hearing date etc?
Pray to Almighty ALLAH and seek dua from your Parents and elder persons so that the HO fails to make any change in the Khatel and Others case. That's the only thing we can do at this moment.

Hearing date may in 8 weeks time, that's the normal waiting period for the Court of Appeal case hearing and maximum 10 months from February 18,2013.

laghari_iam
Junior Member
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Re: updates?

Post by laghari_iam » Fri Feb 22, 2013 3:53 pm

wasimraza121 wrote:
laghari_iam wrote:any updates on HO hearing date etc?
Pray to Almighty ALLAH and seek dua from your Parents and elder persons so that the HO fails to make any change in the Khatel and Others case. That's the only thing we can do at this moment.

Hearing date may in 8 weeks time, that's the normal waiting period for the Court of Appeal case hearing and maximum 10 months from February 18,2013.
is your case on hold by high court? my frnd has been told to wait till 28th feb 2013,he got the letter from high court on 22jan 2013.

laghari_iam
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Post by laghari_iam » Fri Feb 22, 2013 4:38 pm

can any one please advice?

i've submitted my pre action protocol on 7th feb 2013, its been exactly 14 days but haven't heard any thing from them yet. shall i go for JR then? or wait another 1 week?

tanzeena
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Location: london,UK

Post by tanzeena » Sat Feb 23, 2013 12:12 am

after sending pre-action protocol u have 90 days to lodge your application in JR..

SO dont worry... When i sent my pre-action protocol i have received an acknowledgement letter saying that i will be updated in 14days but in 90 days time i havent heard anything from them, so just before 90 days i lodged my application in JR.
laghari_iam wrote:can any one please advice?

i've submitted my pre action protocol on 7th feb 2013, its been exactly 14 days but haven't heard any thing from them yet. shall i go for JR then? or wait another 1 week?

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

Post by laghari_iam » Sat Feb 23, 2013 12:24 am

tanzeena wrote:after sending pre-action protocol u have 90 days to lodge your application in JR..

SO dont worry... When i sent my pre-action protocol i have received an acknowledgement letter saying that i will be updated in 14days but in 90 days time i havent heard anything from them, so just before 90 days i lodged my application in JR.
laghari_iam wrote:can any one please advice?

i've submitted my pre action protocol on 7th feb 2013, its been exactly 14 days but haven't heard any thing from them yet. shall i go for JR then? or wait another 1 week?
thanks for the information. what was your case about? psw late submission?

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