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PaperPusher
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by PaperPusher » Fri Apr 26, 2013 5:33 pm
hassan5805 wrote:guys still keep in kind fairness and Alvi hve not been talked too and how cme oBu submission didnt talk abt
the judge in Syed wrote:Mr Al Mustakim made submissions as to the "fairness" and "proportionality" of the rules in their relevant form. He submitted that it is unfair to migrants who obtain the ACCA Qualification, and/or not proportionate, that they cannot obtain points. That cannot, however, be used to support an alternative construction of rules, or rules and/or Policy Guidance, which are clear. It is not permissible to read into rules and/or Policy Guidance words which are not there, simply on a submission that it would have been more fair if they had been.
the judge in Syed wrote:In my view the relevant rule is quite clear, whether read alone or side by side with the Policy Guidance, and the Policy Guidance did not relax or widen the ambit of the rule. In a sentence, there had to be a degree and the ACCA qualification is not a degree
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affiliate
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by affiliate » Fri Apr 26, 2013 6:30 pm
Guys i think still there is lots of hope.
1. Judgement relies on policy guidance, which is an invalid document.
2. That makes the case all about defining the term UK RECOGNISED DEGREE in a fair manner.
This must have been kept either as a secret weapon for appeal or as a weapon to drag it into Supreme Court to make more money for the lawyers, I don't know.
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PaperPusher
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by PaperPusher » Fri Apr 26, 2013 7:37 pm
affiliate wrote:Guys i think still there is lots of hope.
1. Judgement relies on policy guidance, which is an invalid document.
2. That makes the case all about defining the term UK RECOGNISED DEGREE in a fair manner.
This must have been kept either as a secret weapon for appeal or as a weapon to drag it into Supreme Court to make more money for the lawyers, I don't know.

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hassan5805
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by hassan5805 » Fri Apr 26, 2013 8:06 pm
In the Obu guidence regarding the ACCA.....
It says acca papers are actually OBU paper and obu take full part to the prepartion of exams and also ensure that exams level up to standards of graduation....
I cant believe how come our barriester didnt raised these issues??
They should have issued the summons to OBU director and asked them to give thier witness...
Its really hard for us to get Justice here too..How come we 5 people lives in one home and 3 got psw and 2 not not....cant they see thr injustice ,,...
Just wait and see inshalla we will get justice in Supreme court what about rationality????
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affiliate
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by affiliate » Fri Apr 26, 2013 8:45 pm
I'm not criticising, but a lot of points have been missed out, deliberately or by mistake, I don't know. This went just as in a FTT.
We should think about forming an alliance and help the guys who suffer at the front and carry on fighting till our points are listened to.
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PaperPusher
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by PaperPusher » Fri Apr 26, 2013 8:48 pm
hassan5805 wrote:In the Obu guidence regarding the ACCA.....
It says acca papers are actually OBU paper and obu take full part to the prepartion of exams and also ensure that exams level up to standards of graduation....
I cant believe how come our barriester didnt raised these issues??
They should have issued the summons to OBU director and asked them to give thier witness...
Its really hard for us to get Justice here too..How come we 5 people lives in one home and 3 got psw and 2 not not....cant they see thr injustice ,,...
Just wait and see inshalla we will get justice in Supreme court what about rationality????
That still doesn't make ACCA a UK recognised degree, in fact it undermines your case because ACCA is part of an OBU degree.
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PaperPusher
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by PaperPusher » Fri Apr 26, 2013 8:54 pm
I can see why people on this thread are disappointed with the outcome of the case at the High Court, but honestly, I cannot see any further court deciding that people with ACCA meet the Immigration Rules for PSW.
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hassan5805
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by hassan5805 » Fri Apr 26, 2013 8:54 pm
in my decision of FTT the Honourable judge says that i do accept that appelant have achieved comparable rogour uk bachelor degree but its nt recognised..They are actuully inconsistent with thier own statments
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hassan5805
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by hassan5805 » Fri Apr 26, 2013 8:56 pm
We cant even go back to students visas too but to be himest justice has been denied.. How come 5 people living in home same identical qualification thee got visa other two not???Some1 have to answer this?!
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PaperPusher
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by PaperPusher » Fri Apr 26, 2013 9:13 pm
hassan5805 wrote:in my decision of FTT the Honourable judge says that i do accept that appelant have achieved comparable rogour uk bachelor degree but its nt recognised..They are actuully inconsistent with thier own statments
Which court would you be satisfied with losing the case in? What I mean is, if the Supreme Court said ACCA doesn't meet the rules would you be satisfied with that decision?
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by affiliate » Sat Apr 27, 2013 12:58 am
paper pusher you are a sad man...
ACCA meets immigration rules for UK recognised degree..the rules contradicts and they have admitted it so many times in so many ways..
every one knows the key issues were not looked into in the High court case except you...hence you are a sad man
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hassan5805
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by hassan5805 » Sat Apr 27, 2013 8:40 am
Paperpusher in policy guidence the word used recognised Not bachelor degree..its bit twist on tht .. you are good following and reading books but With due respect you dnt knw the interpretation of law... Justice has been denied in Mirza and Ahmed .. Justice means equitable treatment across the board how come 61% got psw on basis of acca and another 39% not why this discrimination?? we hve done the same course as they did.. With due respect i would suggest you think broder rather than reading two lines and make yr mind on that... I knw if judges panel listen this case then outcome definitly will come against HO..
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PaperPusher
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by PaperPusher » Sat Apr 27, 2013 10:44 am
affiliate wrote:paper pusher you are a sad man...
ACCA meets immigration rules for UK recognised degree..the rules contradicts and they have admitted it so many times in so many ways..
every one knows the key issues were not looked into in the High court case except you...hence you are a sad man
The problem is the Judge in the High Court has decided that the immigration rules require a degree and that ACCA is not a degree. I cannot see how the immigration rules are contradictory. Can you show me?
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PaperPusher
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by PaperPusher » Sat Apr 27, 2013 10:51 am
hassan5805 wrote:Paperpusher in policy guidence the word used recognised Not bachelor degree..its bit twist on tht .. you are good following and reading books but With due respect you dnt knw the interpretation of law... Justice has been denied in Mirza and Ahmed .. Justice means equitable treatment across the board how come 61% got psw on basis of acca and another 39% not why this discrimination?? we hve done the same course as they did.. With due respect i would suggest you think broder rather than reading two lines and make yr mind on that... I knw if judges panel listen this case then outcome definitly will come against HO..
I quoted part of the judgement, but I assure you I read all of it.
What bit of the policy guidance are you referring to? In any case, it is the rules that count and the Judge heard arguments about the policy guidance but didn't accept that this means that ACCA meets the requirements of the rules or guidance.
I don't think you understand what justice means in a legal sense. There has been a test case and the issue has been decided.
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by affiliate » Sat Apr 27, 2013 1:00 pm
PaperPusher wrote:affiliate wrote:paper pusher you are a sad man...
ACCA meets immigration rules for UK recognised degree..the rules contradicts and they have admitted it so many times in so many ways..
every one knows the key issues were not looked into in the High court case except you...hence you are a sad man
The problem is the Judge in the High Court has decided that the immigration rules require a degree and that ACCA is not a degree. I cannot see how the immigration rules are contradictory. Can you show me?
Paper pusher, you have seen to be ignoring points a lot of times in the argument.
So you tell me where does it say in the rules or in any law valid as on 2nd of April 2012, what is a UK recognised degree.
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PaperPusher
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by PaperPusher » Sat Apr 27, 2013 1:17 pm
affiliate wrote:PaperPusher wrote:affiliate wrote:paper pusher you are a sad man...
ACCA meets immigration rules for UK recognised degree..the rules contradicts and they have admitted it so many times in so many ways..
every one knows the key issues were not looked into in the High court case except you...hence you are a sad man
The problem is the Judge in the High Court has decided that the immigration rules require a degree and that ACCA is not a degree. I cannot see how the immigration rules are contradictory. Can you show me?
Paper pusher, you have seen to be ignoring points a lot of times in the argument.
So you tell me where does it say in the rules or in any law valid as on 2nd of April 2012, what is a UK recognised degree.
This has already been posted. Plus it is in the judgement.
But, just for you, it is in another part of the rules and the 1988 Education Act.
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PaperPusher
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by PaperPusher » Sat Apr 27, 2013 1:19 pm
Yes just looked at the judgement again, that point is covered.
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PaperPusher
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by PaperPusher » Sat Apr 27, 2013 1:24 pm
Paragraph fifteen
Syed, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 984 (Admin) (26 April 2013) wrote:15. It is accepted and is common ground that the ACCA professional level qualification is not itself "a degree". The qualification is not described as a degree, and it does not employ any words such as bachelor, master or doctor. The ACCA makes no claim to be a degree awarding institution; and, indeed, if it were to do so, it and/or its senior officers would be committing an offence under Part IV of the Education Reform Act 1988. Further, the ACCA has made deliberate arrangements with Oxford Brookes University whereby students who are "studying towards the ACCA Qualification" may concurrently complete a course with a view to obtaining a BSc in Applied Accounting from that university. The relevant page on the ACCA web site makes very plain that, by contrast, the ACCA Qualification itself is not a degree.
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by affiliate » Sat Apr 27, 2013 1:45 pm
PaperPusher wrote:affiliate wrote:PaperPusher wrote:affiliate wrote:paper pusher you are a sad man...
ACCA meets immigration rules for UK recognised degree..the rules contradicts and they have admitted it so many times in so many ways..
every one knows the key issues were not looked into in the High court case except you...hence you are a sad man
The problem is the Judge in the High Court has decided that the immigration rules require a degree and that ACCA is not a degree. I cannot see how the immigration rules are contradictory. Can you show me?
Paper pusher, you have seen to be ignoring points a lot of times in the argument.
So you tell me where does it say in the rules or in any law valid as on 2nd of April 2012, what is a UK recognised degree.
This has already been posted. Plus it is in the judgement.
But, just for you, it is in another part of the rules and the 1988 Education Act.
- Ha Ha Ha, I repeat you are a sad man... where in another part?? where in 1988 Act??
It does to some extend with the guidance (again ACCA is a recognised body), but not when guidance is invalid, even overseas degrees should qualify for PSW, never mind ACCA. Because there is no definition for UK RECOGNISED DEGREE.
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hassan5805
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by hassan5805 » Sat Apr 27, 2013 1:47 pm
Panel of judges sits then decision defit wpnt be the same... Firstly they are accepting Acca is a degree but why not recognised degree?? Degree is a degree .. only one institu in uk which recognise the qulaifi in uk its UKNARIc and HO website also states that quali can only be reco if it has ben reco by UKNARic i got certificate and they hve confirmed it that acca is comparable to uk bacehlor degree... How come they contra thier own statments..
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hassan5805
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by hassan5805 » Sat Apr 27, 2013 1:48 pm
younare ryte hes sad man
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by affiliate » Sat Apr 27, 2013 1:53 pm
[quote="hassan5805"]Paperpusher in policy guidence the word used recognised Not bachelor degree..its bit twist on tht .. you are good following and reading books but With due respect you dnt knw the interpretation of law... Justice has been denied in Mirza and Ahmed .. Justice means equitable treatment across the board how come 61% got psw on basis of acca and another 39% not why this discrimination?? we hve done the same course as they did.. With due respect i would suggest you think broder rather than reading two lines and make yr mind on that... I knw if judges panel listen this case then outcome definitly will come against HO..[/quote][img]
Hassan are you sure that 61% got PSW??[/img]
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by affiliate » Sat Apr 27, 2013 2:07 pm
http://www.ukba.homeoffice.gov.uk/sitec ... t/alvi.pdf
for all sadists to enlighten themselves anything which is recognised by something in the UK should qualify for PSW
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hassan5805
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by hassan5805 » Sat Apr 27, 2013 2:40 pm
affiliate wrote:hassan5805 wrote:Paperpusher in policy guidence the word used recognised Not bachelor degree..its bit twist on tht .. you are good following and reading books but With due respect you dnt knw the interpretation of law... Justice has been denied in Mirza and Ahmed .. Justice means equitable treatment across the board how come 61% got psw on basis of acca and another 39% not why this discrimination?? we hve done the same course as they did.. With due respect i would suggest you think broder rather than reading two lines and make yr mind on that... I knw if judges panel listen this case then outcome definitly will come against HO..
[img]
Hassan are you sure that 61% got PSW??[/img]
5 my friends were loving in same home and three got the psw other 2 not.. and i got atleast 10 cases refremce who got the psw in upper and first tribunal and know few more..
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PaperPusher
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by PaperPusher » Sat Apr 27, 2013 3:06 pm
Are you just being obtuse? "anything which is recognised by something"
After the Alvi judgement, it is unlawful to refuse an application on the basis of requirements not included in the Immigration Rules
But the requirement for a recognised degree WAS in the immigration rules.
Read the judgement from the High Court again.