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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, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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sherarain
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Location: stoke on trent

Post by sherarain » Wed Jul 03, 2013 11:55 am

hello every one if khatel doesnt go in sc then wht would happened

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

Post by vishwen » Wed Jul 03, 2013 1:07 pm

Nothing will happen,All we need to do pack our stuff and book the ticket to fly home. Ukba will not allow us to stay, because section 3c and 3d will be over.

hassan5805
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Joined: Wed Oct 24, 2012 11:58 am

Post by hassan5805 » Wed Jul 03, 2013 1:48 pm

Well when we all will go back atleast book tickets togther to give compnay to eachother..

vishwen
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Post by vishwen » Wed Jul 03, 2013 2:08 pm

Brother it's not time to make jokes, but you make me laugh tho. :lol:

sherarain
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Location: stoke on trent

Post by sherarain » Wed Jul 03, 2013 3:10 pm

if they dont want to go sc am i allow to go sc on my own r not

hassan5805
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Post by hassan5805 » Wed Jul 03, 2013 3:20 pm

vishwen wrote:Brother it's not time to make jokes, but you make me laugh tho. :lol:
I know but what can we do except cursing Zane Malik who messed up all of us..

vishwen
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Post by vishwen » Wed Jul 03, 2013 3:43 pm

Zane malik is a stupid idiot.read all his reviews, he got all bad one. They are just making money.KHATEL. If u still stick with Zane malik,good luck then, why don't you change the barrister.

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

Post by vishwen » Thu Jul 04, 2013 2:04 pm

Dear all, I received a letter from HM COURTS & TRIBUNAL SERVICE that the ukba have requested another 35 days to file their ground of defence,and the permission been granted ,till 17 July. After that, a hearing date will be fixed. The ukba doesn't have anything to prove , they are just waiting time, I got all the evidence regarding students been awarded after 5 April 2012 and just recently some got visa. I'm using all these evidence in court. I'm ready for them.

sam1983
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Post by sam1983 » Thu Jul 04, 2013 5:24 pm

vishwen wrote:Dear all, I received a letter from HM COURTS & TRIBUNAL SERVICE that the ukba have requested another 35 days to file their ground of defence,and the permission been granted ,till 17 July. After that, a hearing date will be fixed. The ukba doesn't have anything to prove , they are just waiting time, I got all the evidence regarding students been awarded after 5 April 2012 and just recently some got visa. I'm using all these evidence in court. I'm ready for them.
Hi Vish

My case is the same as yours and my case was heard in upper tribunal on the 18th June 2013. i.e 1 week before the decision for khatel case was given.

In my case in upper tribunal HO argued that they have strong impression about winning khatel case. my solicitor said we have a strong impression that the HO lost the case. so the judge said we cant take general impression and said he will reserve my decision till khatel case result arrives. but my solicitor argued that the date of decision is the main point and later the judge said he will give the decision the same day but it will arrive in post in around 2 weeks. this means my case did not depend on khatel case. I am awaiting my decision which may arrive next week.

when is your case in COA. what happened to your case in upper tribunal. PM me your email id and details so it will be mutually helpful.

regards

Sam

vishwen
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Post by vishwen » Thu Jul 04, 2013 6:00 pm

Brother, my case it's not like yours, because I didn't get right of appeal and I'm on JUDICIAL REVIEW PROCESS. My hearing is coming after 17 july. I will keep u update. I didn't rely on khatel case coz I didn't signed the consent oder sent by TSOL.

vishwen
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Post by vishwen » Thu Jul 04, 2013 8:46 pm

Challenge you are wring, our case is my identical because you sign the consent order and you been placed on hold, and whatever the outcome of khatel case will have an impact on your case. But me I didn't sign at all, because I don't follow TSOL instruction, that's why my JR keep progressing to the next stage.

challenge
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India

Post by challenge » Thu Jul 04, 2013 10:17 pm

vishwen wrote:Challenge you are wring, our case is my identical because you sign the consent order and you been placed on hold, and whatever the outcome of khatel case will have an impact on your case. But me I didn't sign at all, because I don't follow TSOL instruction, that's why my JR keep progressing to the next stage.
Well you are right but when Home office sent consent order first time my solicitor refused to sign it but then they again sent the consent order and my solicitor explained to me that even if I don't sign it they gonna put me under the khatel category.

Hope something positive comes out of your JR and Khatel SC.

vishwen
Junior Member
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Post by vishwen » Thu Jul 04, 2013 11:54 pm

Brother youR solicitor is stupid, it doesn't make sense how come they will put you under khatel case. They send 3 times to sign the consent order but I still refused to sign, that doesn't mean I'm under khatel case. Like I said we don't take instruction from TSOL. We ignored their consent order completely..

sherarain
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Post by sherarain » Fri Jul 05, 2013 12:26 am

vishwen wrote:Brother, my case it's not like yours, because I didn't get right of appeal and I'm on JUDICIAL REVIEW PROCESS. My hearing is coming after 17 july. I will keep u update. I didn't rely on khatel case coz I didn't signed the consent oder sent by TSOL.

hello vishwen,
my case is pending in upper tribunal an ho apply for permission for coa but still pending i want to know wht is tsol an consent order, i didnt received any letter from ho or any one else please help me also
ho apply for permission but it is one day late does it make any difference

vishwen
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Post by vishwen » Fri Jul 05, 2013 2:54 am

Dear sherarain, this will not affect you because your case is in upper tribunal, while our case is in the high court for judicial review process. TSOL mean treasury solicitor the ukba solicitor.and concern the consent order, is kind of a letter Sent by TSOL to all students who in Jr to sign, so that they will put a hold on the case, till the outcome of khatel case. Let me knw if you need more clarification

sherarain
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Location: stoke on trent

Post by sherarain » Fri Jul 05, 2013 10:13 am

vishwen wrote:Dear sherarain, this will not affect you because your case is in upper tribunal, while our case is in the high court for judicial review process. TSOL mean treasury solicitor the ukba solicitor.and concern the consent order, is kind of a letter Sent by TSOL to all students who in Jr to sign, so that they will put a hold on the case, till the outcome of khatel case. Let me knw if you need more clarification
thanks vishwen any new frm khatel they r goin to sc r not thanks.

vishwen
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Post by vishwen » Fri Jul 05, 2013 10:18 am

Brother we don't know yet, because khatel is asking money with all the students to pay court fees which is £ 5600 and Zane Malik fees £7500. We don't know yet, I will keep you update.

sherarain
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Location: stoke on trent

Post by sherarain » Fri Jul 05, 2013 3:56 pm

vishwen wrote:Brother we don't know yet, because khatel is asking money with all the students to pay court fees which is £ 5600 and Zane Malik fees £7500. We don't know yet, I will keep you update.
but i check the court fee is just £1000 hw does it come £5600 an there some other barrister who charge less fee thn zane malik

vishwen
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Post by vishwen » Fri Jul 05, 2013 6:23 pm

Brother this already been discussed, see the top comments ,then you will understand. If you need any clarification let me know.

nadeemdogar
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Post by nadeemdogar » Sat Jul 06, 2013 12:38 pm

Guys what about khtail ??? Is he going to sc???

azizch
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Post by azizch » Sat Jul 06, 2013 12:43 pm

Some one put in Zane Malik FB page.... might be useful if anyone has some knowledge....
"@MalikZane Hy Rule 34g can be over come by using sec 85(5) and 85A(4)(d) in strict sense by using as these are specially in wording of 'is adduced'. Moreover CO decision in calculating points of table 10, if u read as whole according to judment, does not seems accurate because points of degree has been awarded at the time of decision on the reliance of evidance submitted after making application but HO didnt award the points of qualification, which comes before degree.34g has not been used since 2008 in these cases but at the revokation of route does not make sense under fairness of policy triggered by pankina. If it is on the discretion of sectry of state then the basic aim of sec 85(5) is pointless. These are my findings to help u and powers of SS is always in question under common law.

sherarain
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Post by sherarain » Sat Jul 06, 2013 2:15 pm

azizch wrote:Some one put in Zane Malik FB page.... might be useful if anyone has some knowledge....
"@MalikZane Hy Rule 34g can be over come by using sec 85(5) and 85A(4)(d) in strict sense by using as these are specially in wording of 'is adduced'. Moreover CO decision in calculating points of table 10, if u read as whole according to judment, does not seems accurate because points of degree has been awarded at the time of decision on the reliance of evidance submitted after making application but HO didnt award the points of qualification, which comes before degree.34g has not been used since 2008 in these cases but at the revokation of route does not make sense under fairness of policy triggered by pankina. If it is on the discretion of sectry of state then the basic aim of sec 85(5) is pointless. These are my findings to help u and powers of SS is always in question under common law.
slam brother can u explain in simple words thanks

asifleo13
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Post by asifleo13 » Mon Jul 08, 2013 1:23 pm

http://www.bailii.org/ew/cases/EWCA/Civ/2011/833.html
Plz check can we use thus as Refrence ..

azizch
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Post by azizch » Mon Jul 08, 2013 3:36 pm

According to Zane Malik,
Court of Appeal is hearing appeal from ALI (PSW, s120, s85A etc) tomorrow (sequel to RAJU/KHATEL). Will keep updated. http://t.co/cXkczBNmGc

azizch
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Post by azizch » Tue Jul 09, 2013 5:22 pm

By zane Malik,

Court of Appeal (Thorpe, Moses & Sullivan) reserves judgment in s120 Post-Study Work case, ALI. I'll keep posted. http://t.co/cXkczBNmGc.

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