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PSW refusal and submitted Judicial Review..

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

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

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wasimch
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Re: combined appeals

Post by wasimch » Fri Oct 11, 2013 10:10 pm

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.

challenge
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Post by challenge » Sat Oct 12, 2013 6:42 pm

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

Tobacco26
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Location: Manchester

Re: combined appeals

Post by Tobacco26 » Sun Oct 13, 2013 8:59 am

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

azizch
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Re: combined appeals

Post by azizch » Sun Oct 13, 2013 1:44 pm

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.

Tobacco26
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Location: Manchester

Re: combined appeals

Post by Tobacco26 » Sun Oct 13, 2013 2:29 pm

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

Khan389
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Re: combined appeals

Post by Khan389 » Sun Oct 13, 2013 8:50 pm

I dont think that this can be used in psw cases because sshd has accepted this concession if a notice under section 120 is served.

challenge
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India

Post by challenge » Mon Oct 14, 2013 5:53 pm

Hi all,

Spoke to my solicitor and he informed me that most probably decision will be out in first week of November.

So once again its wait and watch :cry:

laghari_iam
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Post by laghari_iam » Wed Oct 16, 2013 9:31 pm

challenge wrote:Hi all,

Spoke to my solicitor and he informed me that most probably decision will be out in first week of November.

So once again its wait and watch :cry:
we don't know it could come next week. lets c n pray

addianup
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Posts: 26
Joined: Thu Feb 28, 2013 9:50 am

Judicial review and fresh application

Post by addianup » Tue Oct 22, 2013 7:21 am

Hi everyone
Your comments are so helpful. Can you guys please give me an advice for my case. I have applied for Tier1 entrepreneur visa from PSW. My visa was refused and there were no right of appeal because I have my visa still remains. I have filled for a judicial review and it is about 5 months I have not received the acknowledge of service from Ukba. It is taking long time. I have my current visa remains until mid Nov 2013. Now I am planning to apply for a fresh application before my valid visa expires.
Now my question to you guys can I apply for a fresh application while my judicial review is in the court or I have withdraw my judicial review before I apply. Somebody says that I can apply for a new application keeping the judicial review and somebody says that I need to withdraw my judicial review before I apply for new one.
I am bit confused. Your expert advise is very helpful to me. Please reply me asp.

Thanking you very much

hotash
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upper tribunal case

Post by hotash » Thu Oct 31, 2013 10:00 pm

does anyone have any news about the upper tribunal case which was held on 08.10.13? Has anyone got any news about recent determination regarding PSW case.

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Amber
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Post by Amber » Fri Nov 01, 2013 6:45 am

Try searching here.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

SOULLL
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Post by SOULLL » Sun Nov 10, 2013 11:51 pm

hi!
I'm new to this forum and desperate for some information.
I applied for PSW and got refused for sending my result after the application and before the refusal. Then I made an appeal. I won. Within a week UKBA went to Upper Tribunal. they refused me. After that I appealed to Court of Appeal and got refusal because of the appeal being "totally without merit".

the date on the refusal letter shows 30th Sept 2013 but my solicitor says that the letter arrived after 15th. Don't know if he is lying or not. but if it is then I am exceeding 28 days. now I haven't put enough fund to go for student visa.neither I have got enough time for that.

I don't know if going Judicial Review would mean anything or not. But I don't want to go back. Please someone help me!

bhumitsan
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Any updates on the hearing of Khatel/ Raju of 08th Oct 2013?

Post by bhumitsan » Mon Nov 18, 2013 1:32 pm

Anybody has any updates on the hearing of Khatel/Raju's case which was held on 08th Oct 2013. I tried to contact Zane malik through his FB and Twitter account, he is only updating about other issues on this social media sites but not about this hearing.

Please update.

everyoung
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PSW refusal and submitted Judicial Review..

Post by everyoung » Mon Nov 18, 2013 6:05 pm

i am also waiting for the decision from the supreme court is there any one have some update about this case please update

wasimch
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Re: PSW refusal and submitted Judicial Review..

Post by wasimch » Mon Nov 18, 2013 8:30 pm

everyoung wrote:i am also waiting for the decision from the supreme court is there any one have some update about this case please update
I am also waiting for the decision of the Upper Tribunal .

challenge
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Post by challenge » Fri Nov 22, 2013 9:13 pm

Its more than 6 weeks...don't know what they are doing?? :x

bhumitsan
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08th Oct 2013 PSW hearing .. NO RESULT DECLARED YET!!!!!!!??

Post by bhumitsan » Tue Nov 26, 2013 1:30 pm

I have been contacting Mr Zane Malik on his fb and twitter but he has time to upload new information on other topics but he doesnt upload any information about this case. I called his office two to three times but nobody knows anything about it. Dont know how to get this information... ANY WAYS??

everyoung
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PSW refusal and submitted Judicial Review..

Post by everyoung » Sun Dec 01, 2013 11:04 am

hi friends any body have any update regarding the decision from supreme court please upate

Khan389
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Re: PSW refusal and submitted Judicial Review..

Post by Khan389 » Thu Dec 05, 2013 10:47 pm

Its been refused by upper tribunal. I dont know if justice has been denied or has been done.

PaperPusher
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Post by PaperPusher » Thu Dec 05, 2013 10:58 pm


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