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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.

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

Re: updates?

Post by wasimraza121 » Sat Feb 23, 2013 12:31 am

laghari_iam wrote:
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.

We can't do nothing but wait and pray to Almighty

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

Post by laghari_iam » Sat Feb 23, 2013 7:33 am

do they normally take more than 14 days to reply of ur pre action protocol or not?

rajabrave
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Posts: 39
Joined: Mon Feb 18, 2013 7:35 pm

Post by rajabrave » Sat Feb 23, 2013 10:39 am

laghari_iam wrote:do they normally take more than 14 days to reply of ur pre action protocol or not?
Some time they reply...Sometime not...but if u dont get any reply in 14 days then you can Apply JR in 3 month time....so its upto u...

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

confused :S

Post by laghari_iam » Sat Feb 23, 2013 3:34 pm

but why they didnt replied me because my case is same as others [PSW late result submission] and they have put every1 on hold but why not me then?im confused :S

rajabrave
Newbie
Posts: 39
Joined: Mon Feb 18, 2013 7:35 pm

Re: confused :S

Post by rajabrave » Sat Feb 23, 2013 4:19 pm

laghari_iam wrote:but why they didnt replied me because my case is same as others [PSW late result submission] and they have put every1 on hold but why not me then?im confused :S
Dw...They didnt reply me aswel,u r nt the first one who didnt got any reply,but just focus on JR,Consult ur Solicitor,& everybody is on wait either win appeal in Trabunal or JR Process..So make A JR bcx All depends on outcome of khatel case in Court Of Appeal..So just pray...Thanks

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

Re: confused :S

Post by laghari_iam » Sat Feb 23, 2013 5:03 pm

rajabrave wrote:
laghari_iam wrote:but why they didnt replied me because my case is same as others [PSW late result submission] and they have put every1 on hold but why not me then?im confused :S
Dw...They didnt reply me aswel,u r nt the first one who didnt got any reply,but just focus on JR,Consult ur Solicitor,& everybody is on wait either win appeal in Trabunal or JR Process..So make A JR bcx All depends on outcome of khatel case in Court Of Appeal..So just pray...Thanks
thanks for the info.. im still a bit confused on how things will go..?
have you now submitted your JR or not yet? and how long it takes to get a hearing date in JR? can you explain me abit. that will b appreciated.

rajabrave
Newbie
Posts: 39
Joined: Mon Feb 18, 2013 7:35 pm

Re: confused :S

Post by rajabrave » Sat Feb 23, 2013 5:20 pm

laghari_iam wrote:
rajabrave wrote:
laghari_iam wrote:but why they didnt replied me because my case is same as others [PSW late result submission] and they have put every1 on hold but why not me then?im confused :S
Dw...They didnt reply me aswel,u r nt the first one who didnt got any reply,but just focus on JR,Consult ur Solicitor,& everybody is on wait either win appeal in Trabunal or JR Process..So make A JR bcx All depends on outcome of khatel case in Court Of Appeal..So just pray...Thanks
thanks for the info.. im still a bit confused on how things will go..?
have you now submitted your JR or not yet? and how long it takes to get a hearing date in JR? can you explain me abit. that will b appreciated.
Brother i read all your comments ...u know already everything so no point of confusion,u mentioned at 1 place ur friend win appeal so better to ask him the procedure...I dont know y u r confuse even u know better than me as per ur past comments.....Too much discussion ...If u got anything new just share otherwise just pray...Thanks

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

Re: confused :S

Post by laghari_iam » Sat Feb 23, 2013 5:31 pm

rajabrave wrote:
laghari_iam wrote:
rajabrave wrote:
laghari_iam wrote:but why they didnt replied me because my case is same as others [PSW late result submission] and they have put every1 on hold but why not me then?im confused :S
Dw...They didnt reply me aswel,u r nt the first one who didnt got any reply,but just focus on JR,Consult ur Solicitor,& everybody is on wait either win appeal in Trabunal or JR Process..So make A JR bcx All depends on outcome of khatel case in Court Of Appeal..So just pray...Thanks
thanks for the info.. im still a bit confused on how things will go..?
have you now submitted your JR or not yet? and how long it takes to get a hearing date in JR? can you explain me abit. that will b appreciated.
Brother i read all your comments ...u know already everything so no point of confusion,u mentioned at 1 place ur friend win appeal so better to ask him the procedure...I dont know y u r confuse even u know better than me as per ur past comments.....Too much discussion ...If u got anything new just share otherwise just pray...Thanks
:) they won at first and upper tribunal and my case is JR. anyways bro thanks for your replies. appreciated.
Hope all end well.

vishwen
Junior Member
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Post by vishwen » Sat Feb 23, 2013 6:52 pm

DEAR LAGHARI,

YOU DON'T NEED TO BE CONFUSED, YOU NEED TO WAIT FOR A RESPONSE FOR YOUR PRE-ACTION PROTOCOL LETTER.BUT BEFORE THE DEADLINE YOU NEED TO FILE YOUR CLAIM FOR JUDICIAL REVIEW.

BUT REMEMBER, IT IS NOT SOMETHING AUTOMATIC, YOUR SOLICITOR NEED TO APPLY FOR PERMSSION FOR JUDICIAL REVIEW AND SUBMIT YOUR BUNDLE WITH THE GROUND AND EVIDENCE, ALSO A COPY OF THE CLAIM FORM NEED TO BE SENT TO THE TREASURY SOLICITOR.
THE COURT WILL HAVE 3 MONTH TO DECIDE WHETHER TO GRANT PERMISSION FOR JR OR NOT. IF PERMISSION IS GRANTED, THEN YOU NEED TO WAIT A LETTER FROM THE COURT ABOUT THE HEARING DATE.
IF YOU NEED MORE INFORMATION LET ME KNOW.

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

Post by laghari_iam » Sat Feb 23, 2013 9:01 pm

vishwen wrote:DEAR LAGHARI,

YOU DON'T NEED TO BE CONFUSED, YOU NEED TO WAIT FOR A RESPONSE FOR YOUR PRE-ACTION PROTOCOL LETTER.BUT BEFORE THE DEADLINE YOU NEED TO FILE YOUR CLAIM FOR JUDICIAL REVIEW.

BUT REMEMBER, IT IS NOT SOMETHING AUTOMATIC, YOUR SOLICITOR NEED TO APPLY FOR PERMSSION FOR JUDICIAL REVIEW AND SUBMIT YOUR BUNDLE WITH THE GROUND AND EVIDENCE, ALSO A COPY OF THE CLAIM FORM NEED TO BE SENT TO THE TREASURY SOLICITOR.
THE COURT WILL HAVE 3 MONTH TO DECIDE WHETHER TO GRANT PERMISSION FOR JR OR NOT. IF PERMISSION IS GRANTED, THEN YOU NEED TO WAIT A LETTER FROM THE COURT ABOUT THE HEARING DATE.
IF YOU NEED MORE INFORMATION LET ME KNOW.
i've filed my pre protocol action on 7th feb 2013 and today its been 15 days havnt even got a confirmation of receiving documents from them..i've just spoke to my solicitor and he advised me to wait 1 more week and still if there is no response from them then we'll go for JR. now as far as i know from the day you file your pre protocol action you have 90 days to go for JR right?.. also if i go for JR then how much time they usually take to give hearing date..? lost of my job just bcoz havnt got valid visa and dont even know how many more months this whole process will take. prayers n prayers every time..i've a feeling everything will end well 4sure but we dont know when when and when.
thanks vishwen for your response really helpful.

tanzeena
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Location: london,UK

Post by tanzeena » Sat Feb 23, 2013 9:19 pm

Hi,

PSW on the basis of ACCA fundamental level.

Please cross check with your solicitor abt that information as well..This is what my solicitor did in my case, it may not be same for u. So better cross check.
laghari_iam wrote:
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?

a2yousaf
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lets unite

Post by a2yousaf » Mon Feb 25, 2013 11:01 pm

PLZ LIKE PAGE: PSW Appeal CASES (on fb)

http://www.facebook.com/PswAppealCases? ... ppealCases

laghari_iam
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Post by laghari_iam » Tue Feb 26, 2013 6:14 pm

any updates regarding HO hearing date?

vishwen
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Joined: Sat Feb 16, 2013 5:02 pm

Post by vishwen » Thu Feb 28, 2013 7:15 pm

Dear all, I received a letter from the treasury solicitor on the 25 feb 2013' and stated that, they made an application in the court of appeal on the 8 feb 2013.They want me to agree for a stay , which mean they are asking the judge to put my application for judicial review on hold, while they are waiting for a decision in the court of appeal. But my solicitor refused and we send them a letter today state clearly that as long as KHATEl AND OTHERS case still remain the same, we will not agree with the consent order from them. So guys, if you have any updates, please share, as long as we are concern, we don't know whether permission is granted or not. Pleas post any updates.

wasimraza121
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Post by wasimraza121 » Thu Feb 28, 2013 10:02 pm

Permission Granted on 14 Feb,2013.

the last date of appeal against the decision of Khatel and others was 1 Feb, they lodged it on 8 feb and got permission on 14.

the appealed under rule 44, after 7days.

their main point is section 85A (4a)

4)Where Exception 2 applies the Tribunal may consider evidence adduced by the appellant only if it—

"(a)was submitted in support of, and at the time of making, the application to which the immigration decision related,"

But new evidence was not submitted to the tribunal but the HO before they made decision.

"Again (2)Exception 1 is that in relation to an appeal under section 82(1) against an immigration decision of a kind specified in section 82(2)(b) or (c) the Tribunal may consider only the circumstances appertaining at the time of the decision."

HO took consideration of the evidence for awarding points to every attributes other than award date and English point. They can not consider one issue and ignore other.

At the end of the day, all psw award after 4 april is on hold at the moment.

no hearing date has been given from court of appeal.
vishwen wrote:Dear all, I received a letter from the treasury solicitor on the 25 feb 2013' and stated that, they made an application in the court of appeal on the 8 feb 2013.They want me to agree for a stay , which mean they are asking the judge to put my application for judicial review on hold, while they are waiting for a decision in the court of appeal. But my solicitor refused and we send them a letter today state clearly that as long as KHATEl AND OTHERS case still remain the same, we will not agree with the consent order from them. So guys, if you have any updates, please share, as long as we are concern, we don't know whether permission is granted or not. Pleas post any updates.

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

Post by vishwen » Thu Feb 28, 2013 11:25 pm

Dear wasimraza, it seems you have a good knowledge about the case. Thanks for your reply it make sense and very useful. By the way do you have any idea, when I will be the hearing date. Do you you you think we all know have a chance of winning the case. Please reply. Thanks again for your updates

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

Post by wasimraza121 » Fri Mar 01, 2013 4:30 am

At the end of the day, HO is the sole body to issue VISA. they decide what to do.

Just pray to Almighty and ask your parents to pray as well. Only pray can make our way easy for the VISA.

No hearing date yet. It takes 4 weeks to maximum 10 months to make the full outcome of the Court of Appeal form the acceptance of appeal.

Just pray to Almighty.
vishwen wrote:Dear wasimraza, it seems you have a good knowledge about the case. Thanks for your reply it make sense and very useful. By the way do you have any idea, when I will be the hearing date. Do you you you think we all know have a chance of winning the case. Please reply. Thanks again for your updates

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

Post by laghari_iam » Fri Mar 01, 2013 5:25 am

that means another 3-4 months wait?? oh god its a mental torture now.
wasimraza121 wrote:At the end of the day, HO is the sole body to issue VISA. they decide what to do.

Just pray to Almighty and ask your parents to pray as well. Only pray can make our way easy for the VISA.

No hearing date yet. It takes 4 weeks to maximum 10 months to make the full outcome of the Court of Appeal form the acceptance of appeal.

Just pray to Almighty.
vishwen wrote:Dear wasimraza, it seems you have a good knowledge about the case. Thanks for your reply it make sense and very useful. By the way do you have any idea, when I will be the hearing date. Do you you you think we all know have a chance of winning the case. Please reply. Thanks again for your updates

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

Post by vishwen » Fri Mar 01, 2013 5:51 am

Dear wasimraza, I still have don't understand how it works, because some of the guys said that the the ho asking their passports back to issue the visa. But how come they are appealing in the court of appeal. Could you please clarify this to me. Thanks

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

Post by wasimraza121 » Fri Mar 01, 2013 12:40 pm

I have no idea about that, as far as I know all the PSW award after 4th April is on hold. Everyone is saying here their friends have got the letter from HO. My qus is why they have not ! ! ! No one has assured that the person himself has got it.

the best thing is to pray to ALMIGHTY.

Mr. J Blake has asked to expedite this issue as hundred of cases are in the FT, lets see how things goes on.

vishwen wrote:Dear wasimraza, I still have don't understand how it works, because some of the guys said that the the ho asking their passports back to issue the visa. But how come they are appealing in the court of appeal. Could you please clarify this to me. Thanks

a2yousaf
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We are one - unity is strength

Post by a2yousaf » Fri Mar 01, 2013 2:53 pm

Please like the page on FB.

PSW Appeal CASES.


We have to be on the same page to take this matter seriously before the HO decides our future.


Aamir.
a2yousaf@yahoo.com

vishwen
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Post by vishwen » Fri Mar 01, 2013 3:05 pm

dear wismraza,

really appreciate for your response so far, just one more question for you,(1) is it possible if you can give the link ,where i can find that the HO got permission for appeal in the high court and where it was mentioned that j.blake have expedited the case. (2)... what about those people which their decision has been withdrawn by the HO in the first tribunal. I bet the that, the HO, can't send them a letter and refused them again, because couple of my friends, just one day before going to court, they received a letter from the FT,that the HO has withdrawn the decision.

WASIMRAZA, could you pleae clarify these two matters for me.

thanks.

laghari_iam
Junior Member
Posts: 50
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simple question.

Post by laghari_iam » Fri Mar 01, 2013 5:10 pm

Vishmwen and wasimraza i have a question for both of you as it seems you guys have a good knowledge regarding this, i've been asking this for weeks now no one is giving me a straight forward positive response as this is why i've joined this forum.

21 days passed no reply for my pre action protocol letter? now i just want a simple answer do they normally reply after 21 days or i've to go ahead and claim my JR? if they do reply after 21 days then i can wait more and save my 900 pounds which im going to give my solicitor to claim JR or Claim a JR now so that will take me to the hearing date after the permission granted and etc which will take 2-3 months and by that time kateel case which gonna be decide as well. Please reply guys.
thanks

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

Post by wasimraza121 » Sat Mar 02, 2013 12:03 am

I have shared all the info which I know.

Zane Malik ‏@MalikZane
Blake J has granted permission to appeal to the Court of Appeal from his decision in Khatel: http://www.bailii.org/uk/cases/UKUT/IAC ... nepal.html ….

https://twitter.com/malikzane


I have no idea about HO withdraw case.
vishwen wrote:dear wismraza,

really appreciate for your response so far, just one more question for you,(1) is it possible if you can give the link ,where i can find that the HO got permission for appeal in the high court and where it was mentioned that j.blake have expedited the case. (2)... what about those people which their decision has been withdrawn by the HO in the first tribunal. I bet the that, the HO, can't send them a letter and refused them again, because couple of my friends, just one day before going to court, they received a letter from the FT,that the HO has withdrawn the decision.

WASIMRAZA, could you pleae clarify these two matters for me.

thanks.

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

Re: simple question.

Post by wasimraza121 » Sat Mar 02, 2013 12:04 am

I have no knowledge about JR.
laghari_iam wrote:Vishmwen and wasimraza i have a question for both of you as it seems you guys have a good knowledge regarding this, i've been asking this for weeks now no one is giving me a straight forward positive response as this is why i've joined this forum.

21 days passed no reply for my pre action protocol letter? now i just want a simple answer do they normally reply after 21 days or i've to go ahead and claim my JR? if they do reply after 21 days then i can wait more and save my 900 pounds which im going to give my solicitor to claim JR or Claim a JR now so that will take me to the hearing date after the permission granted and etc which will take 2-3 months and by that time kateel case which gonna be decide as well. Please reply guys.
thanks

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