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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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vishwen
Junior Member
Posts: 98
Joined: Sat Feb 16, 2013 5:02 pm

Re: PSW refusal and submitted Judicial Review..

Post by vishwen » Sun Mar 23, 2014 7:38 am

Hi all, is no point wasting your time even if you go for first tier tribunal, upper tribunal , judicial review, or court of appeal nobody will get PSW VISA AGAIN. Because the decision from court of appeal still stand up to now.all the appeal will get refused. Even me I took lots of evidence to court, the judge said she agreed their is an inconsistency of decision making from UKBA, but the difficulty the judge had, she can't go against the decision from court of appeal. My appeal was allowed even after khatel lost in court of appeal, my appeal was allowed in first tier tribunal in September 2013. Ukba didn challenge my decision, but infact the send me a new refusal last year December, and the appeal been listed for 28 July 2014. WHO EVER GET A BETTER IDEA THAN ME LET ME KNOW, I' M READY TO CHALLENGE YOUR IDEA. I know this case from the tip of my fingers.

everyoung
Newly Registered
Posts: 22
Joined: Mon Nov 18, 2013 3:50 pm

Re: PSW refusal and submitted Judicial Review..

Post by everyoung » Sun Mar 23, 2014 10:45 am

hi dear
i understand your points but advise me at least what should i do in this situation or at this stage when i dont have visa case is for jr and hold till the supreme court decision we r playing court court from last two years for psw what should i do or others peoples in the same situation
regards

everyoung
Newly Registered
Posts: 22
Joined: Mon Nov 18, 2013 3:50 pm

Re: PSW refusal and submitted Judicial Review..

Post by everyoung » Thu May 01, 2014 10:24 am

hi all
any body have any update from supreme court or any hope or any way please updatw

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

Re: PSW refusal and submitted Judicial Review..

Post by laghari_iam » Tue May 06, 2014 11:23 am

----------------------- B A D ---- N E W S ----------------

Really upset to hear that supreme court has refused RAJU n others permission to appeal on 17th march 2014 !!
Sadly no hope left!

check the link : http://supremecourt.uk/docs/permission- ... 014-03.pdf

everyoung
Newly Registered
Posts: 22
Joined: Mon Nov 18, 2013 3:50 pm

Re: PSW refusal and submitted Judicial Review..

Post by everyoung » Thu May 08, 2014 9:57 am

hi all
can any one guide me what should we do now,what next step can be plz update
regards

vishwen
Junior Member
Posts: 98
Joined: Sat Feb 16, 2013 5:02 pm

Re: PSW refusal and submitted Judicial Review..

Post by vishwen » Thu May 08, 2014 10:18 am

Brother the only options is go back to student again and doing level 8 again, but CAS letter need to be issued by university for work permission 20 hours.that's all I can suggest. I got my hearing coming on 28 July , regarding PSW.

everyoung
Newly Registered
Posts: 22
Joined: Mon Nov 18, 2013 3:50 pm

Re: PSW refusal and submitted Judicial Review..

Post by everyoung » Thu May 08, 2014 10:36 am

hi brother
can i go to student visa again cos my visa has been expired and we were waiting for the decision from supreme court and its been refused and case is still in high court for jr or hold plz update

AnuK
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Posts: 1
Joined: Thu May 08, 2014 7:08 pm

Re: PSW refusal and submitted Judicial Review..

Post by AnuK » Thu May 08, 2014 7:31 pm

vishwen wrote:Brother the only options is go back to student again and doing level 8 again, but CAS letter need to be issued by university for work permission 20 hours.that's all I can suggest. I got my hearing coming on 28 July , regarding PSW.
Brother Vishwen, I am in the same scenario of refused PSW (due to date of award) & JR, just like most of us. Two months ago I've received the letter which has mentioned that the permission for JR can't be granted. Then I was asked to apply for an 'oral hearing' by my solicitor, which I consented then. Is it a same kind of hearing that you have mentioned in your comment? If so could you please let me know when did you apply for the hearing? Because I have no clue of when my hearing is going to be, even though now its almost 2 months since I've applied it for.
Thank you!

everyoung
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Posts: 22
Joined: Mon Nov 18, 2013 3:50 pm

Re: PSW refusal and submitted Judicial Review..

Post by everyoung » Fri May 16, 2014 10:08 am

hi all
as u peoples know that from supreme court this case has been refused i means they refused permission and at this stage we peoples like i have no visa cos its finished 6 or 8 months before my case is in high court my lawer extend the oral hearing date didnt got letter but got the acknowledgement from the court,i ant to ask that any body have any solution for this that what should we do at this stage or any body have any update
plz update

hotash
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Posts: 9
Joined: Mon Jul 15, 2013 2:29 am

Re: PSW refusal and submitted Judicial Review..

Post by hotash » Sun May 18, 2014 9:43 pm

Just a little advice for those brother who are in PSW case.

If your case in court, you are going to lose the case because khatel case haven't got permission in Supreme Court. So better to move to tier 4 or tier 2. I would recommend to go for Tier 2, because most of the university does not provide CAS if you do not have valid visa. if you go to college you will lose your work right. But if you can manage a job with Tier 2 sponsor that will be the perfect one. Please note, when you apply your case must have to be exhausted from court or you have to withdraw your appeal (you will still have 28 days from court final letter or withdrawal date), and your current immigration status will be under immigration act 1971 under section 3C/3D. Dont forget to write forwarding letter mentioning your situation including immigration status. if you have any question you can write to me privately.

thanks

TM_kmany
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Posts: 12
Joined: Thu Oct 03, 2013 3:20 pm

Re: PSW refusal and submitted Judicial Review..

Post by TM_kmany » Wed May 28, 2014 12:48 pm

@vishwen pls can you check your inbox and send me a number to call you.

I have a similar case where i am doing a JR nd need a letter from the high court stating i can continue working pending when the JR is decided.

thanks

wasimch
Newbie
Posts: 43
Joined: Thu Jun 20, 2013 9:47 am

Re: PSW refusal and submitted Judicial Review..

Post by wasimch » Tue Jun 17, 2014 10:41 pm

If u apply for Tier4 visa then u will be required bank statement . My question is can we submit bank statement before Finger Prints if bank statement is late or what is the best solution if your banks statement is not ready.

vishwen
Junior Member
Posts: 98
Joined: Sat Feb 16, 2013 5:02 pm

Re: PSW refusal and submitted Judicial Review..

Post by vishwen » Wed Jul 23, 2014 9:51 am

Hi all, I'm going for hearing on 7august for PSW again, as appeal already won last year sept 2013. Going back to square 1.

kelamyne
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Joined: Tue Apr 02, 2013 7:00 pm

Re: PSW refusal and submitted Judicial Review..

Post by kelamyne » Sat Aug 02, 2014 11:09 am

My application for permission to apply for Judicial review has been refused on papers in Court of appeal. I have renewed the application for an oral hearing and now waiting for the hearing date. If it is refused again this will be the end of this matter. The case is likely to be refused again. And i would just like to know once the Judicial Review ends and refused what will be the next option avaialable? Do i have to go back or can I make an in country application on a different category? As on JR i dont have 3c/3d leave so will i be eligible to make an in country application on Tier 2?Is there anyone in the forum whose Judicial review has been refused finally and then applied fresh/new application to UKBA on either Tier4/Tier2 category and been successfull?? please share your experience...this will be a great help.

vishwen
Junior Member
Posts: 98
Joined: Sat Feb 16, 2013 5:02 pm

Re: PSW refusal and submitted Judicial Review..

Post by vishwen » Wed Aug 06, 2014 12:54 pm

Hi guys, I got my hearing at 10 am tomorrow at hatton cross regarding PSW: will let you know. Point to be discussed will treated unfairly by Ukba and discrimination , article 8 need to be taken into account as I will completed 10 years long residency end of this month. I'm ready to challenge Ukba and also I'm bringing with me a mountain of evidence : let's see what happen tomorrow .regards all vishwen

challenge
Junior Member
Posts: 63
Joined: Tue Jun 25, 2013 4:08 pm
Mood:
India

Re: PSW refusal and submitted Judicial Review..

Post by challenge » Thu Aug 07, 2014 8:19 pm

HI Vishwen,

how was your hearing?? please update in detail.

vishwen
Junior Member
Posts: 98
Joined: Sat Feb 16, 2013 5:02 pm

Re: PSW refusal and submitted Judicial Review..

Post by vishwen » Fri Aug 08, 2014 7:52 am

Hi challenge , went there and argue with Ukba, about being treated unfairly and discrimination. I showed all the evidence about other student being granted visa, I showed the judge their degree certificate, and their copy of their visa, I had a big discussion with Ukba. The judge was taking note of it. Also I mentioned I been deprived from having 2 years work experience while other did have the chance. I also mentioned that my PSW application been reconsider 4 times by Ukba. And each times they make mistakes on the application. Ukba couldn't reply while other student been granted visa , while some been refused. Decision will come 3 to 4 weeks , let's wait and see. But in 2 weeks time I' m going to apply indefinite leave to remain under 10 years long residency. So what ever the outcome it will not affect me.still I will let you all knows what will be the decision in 4 weeks time. Best if luck to all of you.

challenge
Junior Member
Posts: 63
Joined: Tue Jun 25, 2013 4:08 pm
Mood:
India

Re: PSW refusal and submitted Judicial Review..

Post by challenge » Fri Aug 08, 2014 5:49 pm

Hope outcome is positive and best of luck for your ILR :)

vishwen
Junior Member
Posts: 98
Joined: Sat Feb 16, 2013 5:02 pm

Re: PSW refusal and submitted Judicial Review..

Post by vishwen » Sat Aug 30, 2014 3:46 pm

Hi guys bad news I got letter from first tier tribunal that the appeal was dismissed , reason because Khatel & others in court of appeal, even with the evidence I showed to the judge, he mentioned that May these students are fortunate. I got 5 days to appeal in the upper tribunal, which I already done , at the same time I already send my application for indefinite leave to remain in the uk under 10 years long residency . My solicitor told me I should put the appeal to play on the safe side , untill my ILR been decided. There is no hope in PSW case. Lucky me I already completed 10 years, I' m thinking about my other brothers who are suffering and still having hope that something will change. Any updates or comments please.

vishwen
Junior Member
Posts: 98
Joined: Sat Feb 16, 2013 5:02 pm

Re: PSW refusal and submitted Judicial Review..

Post by vishwen » Mon Sep 08, 2014 1:58 pm

Hi guys, I was checking the PSW forum on facebook, one guy mentioned that T H case been granted permission in court of appeal, there was new ground been submitted in court of appeal. Is anyone can find out and share please. Thanks

challenge
Junior Member
Posts: 63
Joined: Tue Jun 25, 2013 4:08 pm
Mood:
India

Re: PSW refusal and submitted Judicial Review..

Post by challenge » Thu Sep 18, 2014 6:49 pm

@vishwen

cant find anything, where did you see it can you post link.

thanks

vishwen
Junior Member
Posts: 98
Joined: Sat Feb 16, 2013 5:02 pm

Re: PSW refusal and submitted Judicial Review..

Post by vishwen » Fri Sep 19, 2014 9:12 am

Dear all, just let you know that there are a group of 12 PSW student cases will be heard on 29 October in court of appeal. This time I already provided evidence to my friend who will use it for the hearing, I gave a copy of the PSW visa been granted, a copy of MBA certificate been awarded on 26 September 2012 and a copy of City london college letter that he applied for his PSW.hopefully this time, the judge will look at the evidence. Regarding my case I got refused for permission to upper tribunal as there was no err of law, but this time I'm going to appeal directly to the upper tribunal, but not on PSW unfortunately , I will argue on the grounds that I completed 10 years lawfully, and discretionary should apply this time, also waiting for acknowledgement letter from Ukba regarding my application for ILR, under 10 years long residency. anyone need information call me. Thanks guys, hope these new evidence might help to all of you .

Riko88
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Joined: Thu Sep 25, 2014 2:13 pm

Re:

Post by Riko88 » Sun Sep 28, 2014 3:06 pm

[quote="vishwen"]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[/quote

Dear vishwen
i am facing the same situation and i have asked my solicitor to get me something that i can submit to my employer but my solicitor is straggling to get that kinds of papers, is there any chance i can have a sample copy of your letter please

thanks
Riko

amilrob09
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Posts: 7
Joined: Tue Sep 30, 2014 8:33 pm

Re: PSW refusal and submitted Judicial Review..

Post by amilrob09 » Tue Sep 30, 2014 8:55 pm

vishwen , i wrote on facebook psw page about TH case can you inbox me ur number then i can talk in details .

ghwadia
Newly Registered
Posts: 11
Joined: Sun Feb 24, 2013 10:59 pm

Re: PSW refusal and submitted Judicial Review..

Post by ghwadia » Sun Oct 12, 2014 2:25 pm

hello everyone
any update about psw case ????????????????

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