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PSW refusal and submitted Judicial Review..

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

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everyoung
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PSW refusal and submitted Judicial Review.

Post by everyoung » Sat Dec 14, 2013 11:03 am

Hi Friends any update about supreme court decision? plz update

laghari_iam
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request!!

Post by laghari_iam » Tue Dec 24, 2013 12:24 am

can any one provide me their visa copy of PSW [who won case or got psw straight away] as my JR permission has been declined and iam going for oral hearing. thats the only last chance i've otherwise i've to go back homeland. i need some solid grounds so they could allow me for a hearing. please if anyone is kind enough please email me.

everyoung
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PSW refusal and submitted Judicial Review..

Post by everyoung » Tue Dec 24, 2013 10:52 am

hi laghari
hoe office issued visa;s on same grounds to many peoples most of them are those who have right of appeal and they got right of appeal because they dont have visa at that time but home office issued them the visa even they asked them not to go to high court we will sort it out and then they issued visa's to them but the main thing is they issued the visa on same grounds means date of awarding issue which we all have
god will help all of us

hassan5805
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Post by hassan5805 » Tue Dec 24, 2013 4:32 pm

well this is not fair that half of the people got visas and other half not on same ground.

wasimch
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Post by wasimch » Tue Dec 24, 2013 11:38 pm

hassan5805 wrote:well this is not fair that half of the people got visas and other half not on same ground.
Brother anyone can tell me what will be the effect of CMR (Case Management Review) by the Upper Tribunal on our PSW cases. Because they were 22 psw applicants and their appeal were allowed by Upper Tribunal on 3rd December 2013. Anybody has idea about this result and how it will be helpful for our psw cases.

everyoung
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Psw refusal and jr

Post by everyoung » Wed Dec 25, 2013 5:06 pm

Hi laghari
U know many peoples are in the Supreme Court with this issue through Malik law and it's been more then 6 weeks peoples r waiting for the decision from Supreme Court then more things will b clear in ur hearing u can tell them that u want to wait for decision from supreme court
And for that u have to take some time through ur lawyer by putting application and u can get 6 months more and hopefully decision will be in favour of students inshallah[/list]

laghari_iam
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Re: Psw refusal and jr

Post by laghari_iam » Thu Dec 26, 2013 12:49 am

everyoung wrote:Hi laghari
U know many peoples are in the Supreme Court with this issue through Malik law and it's been more then 6 weeks peoples r waiting for the decision from Supreme Court then more things will b clear in ur hearing u can tell them that u want to wait for decision from supreme court
And for that u have to take some time through ur lawyer by putting application and u can get 6 months more and hopefully decision will be in favour of students inshallah[/list]
i didnt get that!! what case for is it psw continue application? when was the hearing held? and if the decision is near to be declared why should i wait 6 months? do you think there is hope left in this case?

everyoung
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PSW refusal and submitted Judicial Review..

Post by everyoung » Thu Dec 26, 2013 11:04 am

Khatel/Raju's case which was held on 08th Oct 2013
yes there is hope judge didnt declare the decision in this case

laghari_iam
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Re: PSW refusal and submitted Judicial Review..

Post by laghari_iam » Thu Dec 26, 2013 11:34 pm

everyoung wrote:Khatel/Raju's case which was held on 08th Oct 2013
yes there is hope judge didnt declare the decision in this case
Thanks for the information!!
why the decision has not yet been declared? was the judge look convinced?
i've heard that one of the guys related to that case has been out of time?

everyoung
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PSW refusal and submitted Judicial Review..

Post by everyoung » Fri Dec 27, 2013 11:03 am

most of the peoples related to this case waiting for the decision why its no declared cant say any thing but as discussed with the lawyers it will be better decision in favour of students its on the higher level that is supreme court and hope for the better inshallah will be better for us im in the same situation
inshallah allah Kareem will help all of us

azizch
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Re: PSW refusal and submitted Judicial Review..

Post by azizch » Fri Dec 27, 2013 12:50 pm

everyoung wrote:Khatel/Raju's case which was held on 08th Oct 2013
yes there is hope judge didnt declare the decision in this case
Hi, As I understand, on 8th OCT UT conducted a combined hearing of 22 selected appeals and the decision is out on 3rd DEC against students. ON 19 DEC UT conducted hearing on Article 8 in this case only for few appellants. Did supreme court also held any hearing in this case on 8 OCT as per your posts????

wasimch
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Re: PSW refusal and submitted Judicial Review..

Post by wasimch » Sat Dec 28, 2013 12:13 am

azizch wrote:
everyoung wrote:Khatel/Raju's case which was held on 08th Oct 2013
yes there is hope judge didnt declare the decision in this case
Hi, As I understand, on 8th OCT UT conducted a combined hearing of 22 selected appeals and the decision is out on 3rd DEC against students. ON 19 DEC UT conducted hearing on Article 8 in this case only for few appellants. Did supreme court also held any hearing in this case on 8 OCT as per your posts????
Same case of my friend was in the Court of Appeal and judge gave the decision 'case adjournment until the decision of the Raju from Supreme Court,

azizch
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Re: PSW refusal and submitted Judicial Review..

Post by azizch » Sat Dec 28, 2013 9:44 am

wasimch wrote:
azizch wrote:
everyoung wrote:Khatel/Raju's case which was held on 08th Oct 2013
yes there is hope judge didnt declare the decision in this case
Hi, As I understand, on 8th OCT UT conducted a combined hearing of 22 selected appeals and the decision is out on 3rd DEC against students. ON 19 DEC UT conducted hearing on Article 8 in this case only for few appellants. Did supreme court also held any hearing in this case on 8 OCT as per your posts????
Same case of my friend was in the Court of Appeal and judge gave the decision 'case adjournment until the decision of the Raju from Supreme Court,
Raju / Khatel went to Supreme court against CA judgement but they are still waiting because permission to appeal is still pending and not decided. I dont know if there is any hearing conducted in SC or not but I think its still pending. I could not get Everyoung's point.

ahammad
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Re: PSW refusal and submitted Judicial Review..

Post by ahammad » Sat Dec 28, 2013 10:40 pm

Does anyone know about the average time that the Court of Appeal might take to decide the appeal permission as I am still struggling to lodge the appeal due to time and money but thinking to draft by myself and to lodge by 1st january as it is my last day to appeal to the COA.Would be appreciated if any response.

hotash
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Re: PSW refusal and submitted Judicial Review..

Post by hotash » Tue Dec 31, 2013 12:23 pm

http://www.bailii.org/uk/cases/UKUT/IAC ... 0_iac.html

According to determination....
Guys I think only little hope is left on SC.


Upper tribunal case on 08 Oct 2013, the upper tribunal judge clearly mention beginning of the representation that they are bind to follow CoA on Raju and khatel case.
"(1) It is not legally possible for the First-tier Tribunal or the Upper Tribunal to decline to follow the judgment in Raju and others v Secretary of State for the Home Department [2013] EWCA Civ 754 on the basis that the Secretary of State’s Tier 1 (Post-Study Work) policy of July 2010 (concerning the approach to be taken to “late” submission of certain educational awards) continued to apply in respect of decisions taken by the Secretary of State on or after 6 April 2012, when the Immigration Rules were changed by abolishing the Tier 1 PSW route."

Judge Peter lane clearly given his decision on paragraph 112

"112. Applying our findings in Parts I, K and L above to the individual facts as set out in Part M above, we hereby find that, with the exception of Mr Gambo (appellant (14)), they have all failed to show that the variation decisions against which they appealed were not in accordance with the law, including the Immigration Rules, for any of the reasons advanced by them and recorded in those Parts. They have also failed to show why, in the light of this, rule 45 should not be invoked so as to set aside the determinations of the Upper Tribunal, against which the respondent sought permission to appeal to the Court of Appeal. We do so. In the case of Mr Nasim (appellant (1)), the determination of the First-tier Tribunal allowing his appeal contains an error of law and we have decided to set the determination aside."

Judge also allowed the appeal under 47 removal decision and that means your appeal has been partially allowed.
"We re-make the decisions in the appeals against the respondent’s immigration decisions by, in each case, allowing the appellants’ appeals against the section 47 removal decisions and by dismissing the appeals against the variation decisions."


Also those appeal was under article 8 will be another hearing on human right ground. it is not been decided yet.

So guys don't loose hope. wait for SC permission.

hassan5805
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Re: PSW refusal and submitted Judicial Review..

Post by hassan5805 » Thu Jan 02, 2014 11:56 am

Hi My appeal also allowed on the S47 but what gonna happens on that.

Regards

azizch
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Re: PSW refusal and submitted Judicial Review..

Post by azizch » Sat Jan 04, 2014 6:17 pm

hassan5805 wrote:Hi My appeal also allowed on the S47 but what gonna happens on that.

Regards
IN UT decision, I think all appeals are allowed on S 47 removal decisions only and refused on psw leave to remain. I came to know the appellants have gone to Court of Appeal against UT decision. Do any one of the appellants can confirm please?

re1q
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Re: PSW refusal

Post by re1q » Tue Jan 07, 2014 10:03 am

Could any one help on my visa refusal on late award,because i trying from last year no body is responding properly

azizch
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Re: PSW refusal

Post by azizch » Tue Jan 07, 2014 11:54 am

re1q wrote:Could any one help on my visa refusal on late award,because i trying from last year no body is responding properly
what is your case? and in which court / stage is is now??

re1q
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Re: PSW refusal

Post by re1q » Tue Jan 07, 2014 1:44 pm

azizch wrote:
re1q wrote:Could any one help on my visa refusal on late award,because i trying from last year no body is responding properly
what is your case? and in which court / stage is is now??

Sir,
what is your case?
Sir My Psw Visa application refused.Reason for rejecting my visa late award fro university.

What Court?
Not yet appeal,I am trying appeal on my case since from last year nobody is responding.


Could any one suggest me what to do.

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