PSW on ACCA Fundamental Papers

[hassan5805]

I am very thanking to the honourable judge she got really soft heart.. She said i am very sympthetic with you guys but my hands are tightened because of Ahmed and Mirza.. God bless her..

[affiliate]

I am very thanking to the honourable judge she got really soft heart.. She said i am very sympthetic with you guys but my hands are tightened because of Ahmed and Mirza.. God bless her..

I also have a great respect for such Judges who put human values ahead of strict legal points and procedures. End of the day all laws are to protect the vulnerable, and its sad when some Judges ignore the hardships of the same people whom the laws are meant to protect.

You pay your life's savings to get education that too a top qualification, when it comes to experience to complete the qualification, you are let down saying this qualification doesn't match our particular definition and the definition changes every now and again...this is a sad situation...

[Greenie]

Hi Guys Can you please answer to my query please especially moderator..
Thanks in Advance..
My appeal refused from FTT and Honourable Judge forget to take S47 removal out from decision..
Got permssion to go UTT on the basis of error in law remvals..
wENT For hearing in UTT last week,..
Received decision and Respected Honorable Judge gave decision that FTT had error in his decision of s47 remval and for that reason i allow thier appeal and ask home office to consider his application also the basis of Human Rights too..
and i will also get fresh right of appeal if HO refuse my application again..

Does anyone know whats gonna happen now ??
Will HO write to me to get my passport Back ??
How long will it take??
Do i have to send some private life proves to the HO or not??
Any suggestion will appreciate..

The law has now been amended to make section 47 decisions legal by virtue of section 51 of the Crime and Courts Act 2013. Section 51 is now in force by way of the The Crime and Courts Act 2013 (Commencement No. 1 and Transitional and Saving Provision) Order 2013. as of 08/05/2013

what is likely to happen is that UKBA will refuse your case again with a section 47 notice which will now be lawful.

If you wish them to consider your private life then yes you will need to send evidence of this.

[hassan5805]

Hi Guys Can you please answer to my query please especially moderator..
Thanks in Advance..
My appeal refused from FTT and Honourable Judge forget to take S47 removal out from decision..
Got permssion to go UTT on the basis of error in law remvals..
wENT For hearing in UTT last week,..
Received decision and Respected Honorable Judge gave decision that FTT had error in his decision of s47 remval and for that reason i allow thier appeal and ask home office to consider his application also the basis of Human Rights too..
and i will also get fresh right of appeal if HO refuse my application again..

Does anyone know whats gonna happen now ??
Will HO write to me to get my passport Back ??
How long will it take??
Do i have to send some private life proves to the HO or not??
Any suggestion will appreciate..

The law has now been amended to make section 47 decisions legal by virtue of section 51 of the Crime and Courts Act 2013. Section 51 is now in force by way of the The Crime and Courts Act 2013 (Commencement No. 1 and Transitional and Saving Provision) Order 2013. as of 08/05/2013

what is likely to happen is that UKBA will refuse your case again with a section 47 notice which will now be lawful.

If you wish them to consider your private life then yes you will need to send evidence of this.

Thank you Greenie for your reply.. What kind of evidence they will accept?? Should i send them my feeses receipts too?? Or any other information will help thanks in advance

[zamanam]

Hi Guys,

Can you please answer to my query
I applied for PSW based on ACCA - won at FTT but UKBA challeged this in UTT.

Got UTT decision now which says I lost appeal based on both immigration rules and article 8 but UTT Judge decided that FTT made error in his decision of s47 removal and it was unlawful and for that it allowed in my favour - Thus I don't know if I won the appeal or lost it overall - in my opinion I lost it - called UTT but no joy!

Can any one help me - what does this mean
- Do I need to leave the country?
- Can I appeal further and how much time I have to do so?
- By when I can legally stay in the UK
- Will HO write to me or send me another decision for removal or no removal
-How long will it take??


Does anyone know whats gonna happen now ??

Any suggestion will appreciate..

Thanks

Ad

[hassan5805]

Same thing happen to me to but The Immigration Judge states in my decision to HO to re consider decision on The basis of Article 8 and also remove the s47 and if they refuse again i will get fresh right of appeal.. I think in your case will be the same.. How long you been in UK for!? I am nt sure if we have to send them new evidences coz i passed my OBU degree now do you think they will accept that??

[vinny]

See also Secretary of State for the Home Department v Ahmadi [2013] EWCA Civ 512 (09 May 2013).

[hassan5805]

I did nt understand this whole case about?? Could you pleae ellaborate in short Thanks In advance..

[zamanam]

No judge already refused on the basis on article 8...

[vinny]

I did nt understand this whole case about?? Could you pleae ellaborate in short Thanks In advance..

The judgment was about s.47.

[Greenie]

Hi Guys,

Can you please answer to my query
I applied for PSW based on ACCA - won at FTT but UKBA challeged this in UTT.

Got UTT decision now which says I lost appeal based on both immigration rules and article 8 but UTT Judge decided that FTT made error in his decision of s47 removal and it was unlawful and for that it allowed in my favour - Thus I don't know if I won the appeal or lost it overall - in my opinion I lost it - called UTT but no joy!

Can any one help me - what does this mean
- Do I need to leave the country?
- Can I appeal further and how much time I have to do so?
- By when I can legally stay in the UK
- Will HO write to me or send me another decision for removal or no removal
-How long will it take??


Does anyone know whats gonna happen now ??

Any suggestion will appreciate..

Thanks

Ad

In very simplistic terms it means as follows:

You lost the appeal in respect of being granted leave to remain under 1 PSW and article 8. If you want to appeal this you would need to seek permission to appeal to the court of appeal. This is very difficult.

You won the appeal with respect to the decision to remove you from the UK (the section 47 decision). This is due to a technicality of ukba not properly legislating to make section 47removal decisions lawful. However this has now been rectified and the relevant legislation is now in force.


In answer to some of your questions
- You may Seek to appeal further to the Court of Appeal
- Assuming you are not detained, If you recieved the decision by post, 12 days from the date of receipt, if you recieved it electronically, or it was delivered personally, 10 days ([/url=http://www.justice.gov.uk/downloads/tri ... -rules.pdf]rule 44[url]
- If you don't appeal further, you will begin overstaying when your right of appeal lapses
- ukba will either:

do nothing with the expectation you will either make attempt to leave the UK voluntarily

Or

They will make another decision to remove you from the UK. No one can tell you whether they will do this soon or whether they will wait to see if you leave the UK of your own accord. Another removal decision will attract another right of appeal however as your article 8 rights have already been considered it is unlikely that such an appeal would suceed unless you have new information or circumstances to be considered

[zamanam]

Greenie

Many thanks for your comprehensive response Greenie– really helpful.

Please let me know when my right of appeal lapses – From the document you attached it seems it is 10+2 WORKING? days in my case of no detention or email response.

As my course is still incomplete – can I apply for student visa from within the UK while appealing to court of appeal or I have to leave country for that.

Will I be legal in the country if I appeal to CoA but UKBA make further removal decision which per your response will attract another right of appeal.

Also I am working part-time which was allowed on my initial student visa – can I still continue to work or its different now?

Will really appreciate your response.

Thanks

Ad

[hassan5805]

Hi Guys hope you all ok?? I need help please .. i got one question and i will appreciate from your kind reply from all the Moderator... My Appeal refused on the basis of ACCA fundamental level .. Frist my appeal refused from the First Tier Tribunal and then i got permission to go to Upper Tier Tribuanl because FTT judge forget to take out Removal section47.. Early this month i went to upper tribunal and Immigration Judge has said because i have been here in uk for 9 and half years and i want HO to consider my Article 8 and reconsider my decision again and take off removal s47.. and she also wrote if HO refuse my application and then i will get fresh right of appeal.... My question is if my application refuse again wat about Continuety and S3c and s3d will i loose my continuety towards ten years or either should i go to Court of appeal.. I am too much confused please help..

[hassan5805]

Word to word in my decision is>>

At the hearing before Mr hassan prodeuced skelton argument whherin he argued that his article 8 private life rights had been infringed by the decision. he has spent 9 and half years and spend a lot money on education.

Nor this matter respondent has had opporuinity to to consider.In light of fact that respondent must revisit the decision to remove , i consider that it would be appropriate for any representaion on article 8 to be made directly to the respondent.. If the respondent were reject to such representaion the appleant would have fresh right of appeal....
The decision of the FTT does contain error of law and the decision in respect of appeal against removal is set aside..
The matter is remade as follows..The appeal against refusal to vary leave is dismissed..the appeal gainst s47 is not in accordance with law and appeal is allowed to that extent..


What will be the my status oof S3c and S3d???

[hassan5805]

Paperpusher, greenie and vinny
Please reply to my last thanks

[PaperPusher]

Word to word in my decision is>>

At the hearing before Mr hassan prodeuced skelton argument whherin he argued that his article 8 private life rights had been infringed by the decision. he has spent 9 and half years and spend a lot money on education.

Nor this matter respondent has had opporuinity to to consider.In light of fact that respondent must revisit the decision to remove , i consider that it would be appropriate for any representaion on article 8 to be made directly to the respondent.. If the respondent were reject to such representaion the appleant would have fresh right of appeal....
The decision of the FTT does contain error of law and the decision in respect of appeal against removal is set aside..
The matter is remade as follows..The appeal against refusal to vary leave is dismissed..the appeal gainst s47 is not in accordance with law and appeal is allowed to that extent..


What will be the my status oof S3c and S3d???

You are covered by section 3d until the time limit for bringing a further appeal has passed, or you if you appeal further.

If you don't appeal then all there is for the UKBA to do is consider article 8 under paragraph 276ADE of the immigration rules which you raised in your appeal. I can't see how you would meet the requirements for leave.

What the judge has written is for your benefit, but it is obiter or not material to that appeal.

You have spent money on your education in the UK, but as a student that is really to be expected. If you have no spouse or children in the UK, and/or no other close family members in the UK that you live with then it would be an uphill struggle for you to argue that you should be able to stay in the UK based on Article 8. That is my opinion.

UKBA could enforce your removal. You would have a right of appeal against that removal but it doesn't mean you would be successful. As far as I can see if you are refused leave based on your private life you would also get an appeal.

Vinny is better at the links with the new rules than me.

Will you put an application in to UKBA? Are you going to send representations to UKBA?

[hassan5805]

Thank you very for your reply Paperpusher..

The decision i have received its too much confusing..

I really dont knw did they really allowed my appeal or not???

I will send them my representation in few days times..

Should i put request to UTT to go court of appeal??

Should i wait untill the new decision comes from Home Office???

In the meantime if my ten years complete till the Home office decision comes then will i be able to apply ILR??

I am thinking now for the safe hand apply to the UTT to go COA and also send the documents to the Home Office and tell them know about my family here in UK..

I am also working part time and if i dont go to UTT and wait for HO decision to comes will it be legal for me to carry on working part time or its not legal now??

[hassan5805]

At the day of hearing immigration judge have said that its better for you to wait the Home office decision because you can save the money and you dont have to go to further appeal untill the new decision come by home office..

Totally confused what kind of decision he have given no clue about that>

[PaperPusher]

Thank you very for your reply Paperpusher..

The decision i have received its too much confusing..

I really dont knw did they really allowed my appeal or not???

I will send them my representation in few days times..

Should i put request to UTT to go court of appeal??

Should i wait untill the new decision comes from Home Office???

In the meantime if my ten years complete till the Home office decision comes then will i be able to apply ILR??

I am thinking now for the safe hand apply to the UTT to go COA and also send the documents to the Home Office and tell them know about my family here in UK..

I am also working part time and if i dont go to UTT and wait for HO decision to comes will it be legal for me to carry on working part time or its not legal now??

Your appeal for PSW has been dismissed but allowed only as far as the removal notice goes.

[PaperPusher]

See this

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You might want to get legal advice.

[hassan5805]

Thank you very for your reply Paperpusher..

The decision i have received its too much confusing..

I really dont knw did they really allowed my appeal or not???

I will send them my representation in few days times..

Should i put request to UTT to go court of appeal??

Should i wait untill the new decision comes from Home Office???

In the meantime if my ten years complete till the Home office decision comes then will i be able to apply ILR??

I am thinking now for the safe hand apply to the UTT to go COA and also send the documents to the Home Office and tell them know about my family here in UK..

I am also working part time and if i dont go to UTT and wait for HO decision to comes will it be legal for me to carry on working part time or its not legal now??

Your appeal for PSW has been dismissed but allowed only as far as the removal notice goes.

Yes you are ryte and for tht reason i have decided to put permission to UTT to go court of appeal and for section 3c and 3d i will hve to follow the procedure and i dont wanna go out from the procedure and take risk of loosing continous residence..

[hassan5805]

See this

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You might want to get legal advice.

tahnk you very much for your help yes i will seek some professional advice..

[hassan5805]

any news guys??

[zamanam]

HI there,

I am ACCA PSW case – now lost permission to appeal at court of appeal too and have to appeal directly to COA – Can you tell me if anyone of you appealing at that level. UTT judge made error that he hasn’t considered my Mastered degree which though I received after the UKBA refusal but before appeal and at this time I have a valid Masters degree too which he hasn’t consider...! Anyone is same situation and going to appeal at Court of appeal?


Also can I withdraw my appeal and apply for student visa via PEO (same day ) appointment?

Is it allowed and let me know if anyone of you have done this. What will be my legal status – if I don’t get visa within 28 days and what if it will get refused later on? What is chances for refusal if I have proper CAS and meeting English and fund requirement ?

Anyone has any idea?

Thanks

A

[waqasmir]

I am in the same problem, my judicial review wasnt allowed , any one else in this issue can you please tell me what you guys have done to take your case further. Is there any possibility of getting the visa.