PSW refusal and submitted Judicial Review..

madees_83 · Post by **madees_83** » Wed Jun 12, 2013 9:41 pm

Hello

If anyone have update regarding Khatel & other cases, Please update.

Thanks

vishwen · Post by **vishwen** » Thu Jun 13, 2013 6:33 am

Waiting for the judgement????????. Don't know how long it will takes . I would like to thanks RAJA BRAVE for his courage, being in the court all day yesterday for khatel hearing.

malikjee · Post by **malikjee** » Fri Jun 14, 2013 3:26 pm

Hi,

Do you know any one what was the question raised by the judge's .

or what was the hot issue to be discussed .

any one ?

thx

vishwen · Post by **vishwen** » Fri Jun 14, 2013 4:24 pm

Malik, there was 3 points Zane raised in the court.the judges didn't considered the first 1, which is the continuous applications, as mentioned the route was already closed. We all s bit worried, all we can do just pray to god so that we can get a positive answer. Please stop asking silly question , it's better you go and pray.

malikjee · Post by **malikjee** » Sat Jun 15, 2013 9:23 pm

Vishwen,

i am asking what was the hearing if any one know that.

lesion what ever come out we have to face it okay.

it is not silly question Vishwen the way you are thinking is silly .

if i know any thing i will share here .

dont take it personal

hope you dont mind

wasimraza121 · Post by **wasimraza121** » Sun Jun 16, 2013 11:59 am

the main issue was "At the time of application" and "at the date of decision"

other issues are as follows:

85 Matters to be considered

(1)An appeal under section 82(1) against a decision shall be treated by [F1the Tribunal]F1 as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1).

(2)If an appellant under section 82(1) makes a statement under section 120, [F1the Tribunal]F1 shall consider any matter raised in the statement which constitutes a ground of appeal of a kind listed in section 84(1) against the decision appealed against.

(3)Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.

(4)On an appeal under section 82(1) [F2, 83(2) or 83A(2)]F2 against a decision [F3the Tribunal]F3 may consider evidence about any matter which [F4it]F4 thinks relevant to the substance of the decision, including evidence which concerns a matter arising after the date of the decision.
[F5(5)But subsection (4) is subject to the exceptions in section 85A.]

85AMatters to be considered: new evidence: exceptions

(1)This section sets out the exceptions mentioned in section 85(5).

(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.

(3)Exception 2 applies to an appeal under section 82(1) if—
(a)the appeal is against an immigration decision of a kind specified in section 82(2)(a) or (d),
(b)the immigration decision concerned an application of a kind identified in immigration rules as requiring to be considered under a “Points Based System”, and
(c)the appeal relies wholly or partly on grounds specified in section 84(1)(a), (e) or (f).

(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,
(b)relates to the appeal in so far as it relies on grounds other than those specified in subsection (3)(c),
(c)is adduced to prove that a document is genuine or valid, or
(d)is adduced in connection with the Secretary of State's reliance on a discretion under immigration rules, or compliance with a requirement of immigration rules, to refuse an application on grounds not related to the acquisition of “points” under the “Points Based System”.]

so these were the points raised by Barrister Zane Malik

malikjee wrote:Vishwen,

i am asking what was the hearing if any one know that.

lesion what ever come out we have to face it okay.

it is not silly question Vishwen the way you are thinking is silly .

if i know any thing i will share here .

dont take it personal

hope you dont mind

malikjee · Post by **malikjee** » Mon Jun 17, 2013 12:10 am

Hello Wasim,

Thanks alot for sharing the points .

Regards,

saliame · Post by **saliame** » Mon Jun 17, 2013 1:04 pm

Apparently as per common impression, it was not a one sided hearing, as judge didn't considered the most important point which was Date of Application and Date of the Decision however lets see..n hope for the best.

laghari_iam · Post by **laghari_iam** » Mon Jun 17, 2013 4:28 pm

saliame wrote:Apparently as per common impression, it was not a one sided hearing, as judge didn't considered the most important point which was Date of Application and Date of the Decision however lets see..n hope for the best.

if they didnt considered these main points then what else left in the case.. iam not trying to be negative. but i think we've very less chance. hope for the best.

hassan5805 · Post by **hassan5805** » Mon Jun 17, 2013 4:45 pm

laghari_iam wrote:
saliame wrote:Apparently as per common impression, it was not a one sided hearing, as judge didn't considered the most important point which was Date of Application and Date of the Decision however lets see..n hope for the best.
if they didnt considered these main points then what else left in the case.. iam not trying to be negative. but i think we've very less chance. hope for the best.

You are ryte we do have less chances but hope for good and everything will be fine inshalla

mahe · Post by **mahe** » Tue Jun 18, 2013 12:03 am

in my case in first tier tribunal they have gone through the kathel case and they directed ukba to pay back my appeal fee n ask them to grant my psw. after this ukba has gone fr upper tribunal.

wasimch · Post by **wasimch** » Thu Jun 20, 2013 1:37 pm

mahe wrote:in my case in first tier tribunal they have gone through the kathel case and they directed ukba to pay back my appeal fee n ask them to grant my psw. after this ukba has gone fr upper tribunal.

One of my friend got the letter from Home Office asking for Pictures and Passport his case was also in court (court of appeal) his appeal already allowed by Upper Tribunal. Hope for the best you all will get the visa.

ghwadia · Post by **ghwadia** » Thu Jun 20, 2013 2:34 pm

wasimch wrote:
mahe wrote:in my case in first tier tribunal they have gone through the kathel case and they directed ukba to pay back my appeal fee n ask them to grant my psw. after this ukba has gone fr upper tribunal.
One of my friend got the letter from Home Office asking for Pictures and Passport his case was also in court (court of appeal) his appeal already allowed by Upper Tribunal. Hope for the best you all will get the visa.

Most of all students won in upper tribunal but the problem is some students have khatel n other case reference n some case won without khatel case.
The main problem is who recieved letter from ukba n asking for picture n pasport they all r without khatel care reference.
Some of my friends also recieved letter n they all rwithout khatel case reference.
Please let me know anyone received letter from ukba n student depends on khatel case.

vishwen · Post by **vishwen** » Thu Jun 20, 2013 6:27 pm

Hi ghwadia, you are right, lots of student got their visa and even their case didn't refer to khatel case. One of my friend who study the same college with me got her visa last month, she was refused on the basis of date of award, then she filled her case to the first tier tribunal, one day before the hearing date the ukba withdrawn their decision, and then last month the ukba sent hed a letter requested to send her passport and 2 picture size photograph, now she got visa till may 2015,even I'm using her case for my judicial review. So it mean she didn't rely on khatel case.

wasimch · Post by **wasimch** » Thu Jun 20, 2013 6:39 pm

vishwen wrote:Hi ghwadia, you are right, lots of student got their visa and even their case didn't refer to khatel case. One of my friend who study the same college with me got her visa last month, she was refused on the basis of date of award, then she filled her case to the first tier tribunal, one day before the hearing date the ukba withdrawn their decision, and then last month the ukba sent hed a letter requested to send her passport and 2 picture size photograph, now she got visa till may 2015,even I'm using her case for my judicial review. So it mean she didn't rely on khatel case.

Can you tell me what is the difference between khatel and other students they got the psw, but the date of award is the main reasons in all cases, except this what is the other problem. My friend just one day before got letter from UKBA even his case is in court of apeeal.

vishwen · Post by **vishwen** » Thu Jun 20, 2013 6:54 pm

ther, I myself don't know why some students got their visa,while some are relying in khatel case. It'd very confused, I know the main reason is the date of award,but hoe comes my friend got her visa, the RULES SHOULD APPLY TO EVERYONE THE SAME, I also got refused because of date of award, but the good things is that my permission for judicial review been granted,and even the judge clearly said that my case doesn't refer to khatel case.

rajabrave · Post by **rajabrave** » Thu Jun 20, 2013 10:24 pm

vishwen wrote:ther, I myself don't know why some students got their visa,while some are relying in khatel case. It'd very confused, I know the main reason is the date of award,but hoe comes my friend got her visa, the RULES SHOULD APPLY TO EVERYONE THE SAME, I also got refused because of date of award, but the good things is that my permission for judicial review been granted,and even the judge clearly said that my case doesn't refer to khatel case.

My feeling is Khatel cases will b in our way for sure ...But problem is they can go for Appeal in SC....But if they will lose here then case will b over they wont go SC....So ACCA students have the Hearing on 2nd of July,So COA have to decide before that...May we get Decision tomorrow or on Saturday....Lets Pray Brother....We'll Win IN SHA ALLAH....

hassan5805 · Post by **hassan5805** » Thu Jun 20, 2013 11:08 pm

rajabrave wrote:
vishwen wrote:ther, I myself don't know why some students got their visa,while some are relying in khatel case. It'd very confused, I know the main reason is the date of award,but hoe comes my friend got her visa, the RULES SHOULD APPLY TO EVERYONE THE SAME, I also got refused because of date of award, but the good things is that my permission for judicial review been granted,and even the judge clearly said that my case doesn't refer to khatel case.
My feeling is Khatel cases will b in our way for sure ...But problem is they can go for Appeal in SC....But if they will lose here then case will b over they wont go SC....So ACCA students have the Hearing on 2nd of July,So COA have to decide before that...May we get Decision tomorrow or on Saturday....Lets Pray Brother....We'll Win IN SHA ALLAH....

What do you mean by ACCA students hearing as i heared no ACCA student got permission yet my friend also rang COA and they hve said all the permissions are pending for time being??Are you really sure??

rajabrave · Post by **rajabrave** » Thu Jun 20, 2013 11:59 pm

hassan5805 wrote:
rajabrave wrote:
vishwen wrote:ther, I myself don't know why some students got their visa,while some are relying in khatel case. It'd very confused, I know the main reason is the date of award,but hoe comes my friend got her visa, the RULES SHOULD APPLY TO EVERYONE THE SAME, I also got refused because of date of award, but the good things is that my permission for judicial review been granted,and even the judge clearly said that my case doesn't refer to khatel case.
My feeling is Khatel cases will b in our way for sure ...But problem is they can go for Appeal in SC....But if they will lose here then case will b over they wont go SC....So ACCA students have the Hearing on 2nd of July,So COA have to decide before that...May we get Decision tomorrow or on Saturday....Lets Pray Brother....We'll Win IN SHA ALLAH....
What do you mean by ACCA students hearing as i heared no ACCA student got permission yet my friend also rang COA and they hve said all the permissions are pending for time being??Are you really sure??

Brother i dont know about u guys but As Barrister Zane Malik is going to represent on 2Nd July...Because he told us on our hearing day ...So that is y i m saying that..

wasimch · Post by **wasimch** » Sat Jun 22, 2013 5:44 am

rajabrave wrote:
hassan5805 wrote:
rajabrave wrote:
vishwen wrote:ther, I myself don't know why some students got their visa,while some are relying in khatel case. It'd very confused, I know the main reason is the date of award,but hoe comes my friend got her visa, the RULES SHOULD APPLY TO EVERYONE THE SAME, I also got refused because of date of award, but the good things is that my permission for judicial review been granted,and even the judge clearly said that my case doesn't refer to khatel case.
My feeling is Khatel cases will b in our way for sure ...But problem is they can go for Appeal in SC....But if they will lose here then case will b over they wont go SC....So ACCA students have the Hearing on 2nd of July,So COA have to decide before that...May we get Decision tomorrow or on Saturday....Lets Pray Brother....We'll Win IN SHA ALLAH....
What do you mean by ACCA students hearing as i heared no ACCA student got permission yet my friend also rang COA and they hve said all the permissions are pending for time being??Are you really sure??
Brother i dont know about u guys but As Barrister Zane Malik is going to represent on 2Nd July...Because he told us on our hearing day ...So that is y i m saying that..

Brother can u tell me what was the feeling of Zane Malik after hearing of Khatel and others case. Mr Zane is sure that he will win the case Please tell me and how he was confident abt kahatel case and what was his remark regarding khatel case. Measn how much chances to win the case.

ghwadia · Post by **ghwadia** » Sat Jun 22, 2013 2:13 pm

wasimch wrote:
rajabrave wrote:
hassan5805 wrote:
rajabrave wrote:
My feeling is Khatel cases will b in our way for sure ...But problem is they can go for Appeal in SC....But if they will lose here then case will b over they wont go SC....So ACCA students have the Hearing on 2nd of July,So COA have to decide before that...May we get Decision tomorrow or on Saturday....Lets Pray Brother....We'll Win IN SHA ALLAH....
What do you mean by ACCA students hearing as i heared no ACCA student got permission yet my friend also rang COA and they hve said all the permissions are pending for time being??Are you really sure??
Brother i dont know about u guys but As Barrister Zane Malik is going to represent on 2Nd July...Because he told us on our hearing day ...So that is y i m saying that..
Brother can u tell me what was the feeling of Zane Malik after hearing of Khatel and others case. Mr Zane is sure that he will win the case Please tell me and how he was confident abt kahatel case and what was his remark regarding khatel case. Measn how much chances to win the case.

Hello everyone I jist heared about khatel case decision comes on tuesday.is it right information plz share ......

wasimraza121 · Post by **wasimraza121** » Sat Jun 22, 2013 3:01 pm

NOTICE
Take notice that on TUESDAY, 25 JUNE, 2013 in COURT 68, at 09.45am, Judgment will be given in the following.
APPEALS
From The Upper Tribunal (Immigration and Asylum Chamber)
FINAL DECISIONS
C5/2013/0631 PR (India) -v- Secretary of State for the Home Department.
C5/2013/0632 NA (Nepal) -v- Secretary of State for the Home Department.
C5/2013/0634 MI (Bangladesh) -v- Secretary of State for the Home Department.
C5/2013/0633 PK (Nepal) -v- Secretary of State for the Home Department.

http://www.justice.gov.uk/courts/court- ... peal-civil

ghwadia wrote:
wasimch wrote:
rajabrave wrote:
hassan5805 wrote: What do you mean by ACCA students hearing as i heared no ACCA student got permission yet my friend also rang COA and they hve said all the permissions are pending for time being??Are you really sure??
Brother i dont know about u guys but As Barrister Zane Malik is going to represent on 2Nd July...Because he told us on our hearing day ...So that is y i m saying that..
Brother can u tell me what was the feeling of Zane Malik after hearing of Khatel and others case. Mr Zane is sure that he will win the case Please tell me and how he was confident abt kahatel case and what was his remark regarding khatel case. Measn how much chances to win the case.
Hello everyone I jist heared about khatel case decision comes on tuesday.is it right information plz share ......

vishwen · Post by **vishwen** » Sat Jun 22, 2013 3:10 pm

hi wasimraza, you are right, I just checked the link and the decision for khatel will be on Tuesday. hopefully we will get a good result.

hassan5805 · Post by **hassan5805** » Sat Jun 22, 2013 4:47 pm

rajabrave wrote:
hassan5805 wrote:
rajabrave wrote:
vishwen wrote:ther, I myself don't know why some students got their visa,while some are relying in khatel case. It'd very confused, I know the main reason is the date of award,but hoe comes my friend got her visa, the RULES SHOULD APPLY TO EVERYONE THE SAME, I also got refused because of date of award, but the good things is that my permission for judicial review been granted,and even the judge clearly said that my case doesn't refer to khatel case.
My feeling is Khatel cases will b in our way for sure ...But problem is they can go for Appeal in SC....But if they will lose here then case will b over they wont go SC....So ACCA students have the Hearing on 2nd of July,So COA have to decide before that...May we get Decision tomorrow or on Saturday....Lets Pray Brother....We'll Win IN SHA ALLAH....
What do you mean by ACCA students hearing as i heared no ACCA student got permission yet my friend also rang COA and they hve said all the permissions are pending for time being??Are you really sure??
Brother i dont know about u guys but As Barrister Zane Malik is going to represent on 2Nd July...Because he told us on our hearing day ...So that is y i m saying that..

Bro i knw about more than 20 acca ppl who are all ringing COA and they say all the tima that First test case of Syed permission will be decided then you guys permission will be sorted.. So i dont knw whoz Zane going to represent because they saying its ist case of acca in COa.. Good luck to all of you on Tuesday hope for good. and pray for us too plx..

rajabrave · Post by **rajabrave** » Sat Jun 22, 2013 6:34 pm

vishwen wrote:hi wasimraza, you are right, I just checked the link and the decision for khatel will be on Tuesday. hopefully we will get a good result.

Plz Request to All of u Attend Come to Court on 25th of June...Its very important Day for All of us..So kindly be On time & join all of us there..Thanks

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