PSW refusal and submitted Judicial Review..

[everyoung]

Hi
All just got this update that some peoples named TH case has been got permission in the court op appeal regarding psw case and they used different grounds for the case
for the TH case i send message to these peoples on facebook and waiting for reply to connect these peoples cos im also in the same situation if any one has any update let me know as well plz

[amilrob09]

Any update guys ???

[ghwadia]

Any update guys ???

all PSW case related students go back to tr home country now nothing in case.now prepair for leave the country or apply another category.

[amilrob09]

Why what's happend can u explain plz ???

[PaperPusher]

Another case.

PSW applicants lost:

http://www.bailii.org/ew/cases/EWCA/Civ/2014/1493.html

This judgment is intended to clarify the law in relation to a number of grounds of appeal currently relied on by appellants seeking to challenge decisions of the Upper Tribunal and we therefore give permission for it to be reported and cited in other proceedings.

[amilrob09]

What's gonna happen who r on JR ??? Any option ???

[Highly_Skilled]

Another case.

PSW applicants lost:

http://www.bailii.org/ew/cases/EWCA/Civ/2014/1493.html

This judgment is intended to clarify the law in relation to a number of grounds of appeal currently relied on by appellants seeking to challenge decisions of the Upper Tribunal and we therefore give permission for it to be reported and cited in other proceedings.

I think people need to realise that Tier 1 Post-Study has gone and that the SoS has considered their applications accordingly. Let it go and find another immigration category to apply under.

[amilrob09]

What's gonna happen who r on JR ??? Any option ???
for switch the category ???

[PaperPusher]

It is over two and a half years since the route closed. There must surely come a point when you think, what now?

See what other route you are eligible for.

[amilrob09]

What's gonna happen who r on JUdicial review ??? Any option ???
for switch the category ???

[PaperPusher]

It certainly looks like people will not succeed with their judicial review where they are relying on the same arguments as the reported case. Don't forget there are other reported cases where the PSW applicants didn't succeed.

[amilrob09]

Thanks @ paper pusher . Can u find out for me I can switch or not when my Judicial review r pending plz ??? Thx

[acha001]

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.

Hi Laghari
I logged my JR against my ILR refusal. Looks I am on the same boat as you were before,I mean I do not have a valid Visa . Can you please or any senior member explain in detail about my status. Solicitors out there are saying that HO can deport me at any time and some are saying while your case in under JR ,they will consider this , some are saying that I am on grey area.don't know what is that grey or black area. I am really tensed . p!ease please help me out ,
Can you p!ease send me your number or email address I will explain in deatil

[acha001]

Hi everyone,

I have been following this forum since January. I am really thankful to this forum.

I applied for PSW on ACCA last year. It's been refused and it's been in JR since then. My visa has been expired. My case dependent on Syed/Ahmed case. So, I am waiting for the answer.

I am totally confused because lack of guidance on Judicial Review on the web and my solicitor doesn't have enough knowledge.

I hope you guys can help me. I have few questions which are as follows:

1) What is my legal status if I am on Judicial review? My visa is expired.
2) Can I work for part time?
3) If Judicial review dismissed or COA rejected or they do not give the permission to go in COA, can I apply from inside UK for any other visa or I have to go back to my country and apply from there?

I am really fixed now. I don't know what to do.

Looking forward for your reply guys.

Many Thanks.

Rishit

Bro if you see my post regarding legal status probably it will help you.

As your case in JR your last valid leave will be extended by the virtue of Section 3C, immigration act 1971. If you lose your case or get exhausted from JR your section 3C will end and you will have 28 days to apply for variation leave.

If your last visa has permission to work, you can work while your appeal is pending in accordance with status.
Thanks bro hope you got your answer

Can you please explain? Actually I logged JR aganist my ILR refusal. Problem is that my Tier 1 G is already experied while on JR what is my status? Aim I legal until final result of JR from court or it will count me to overstayed.
Also HO can deport me at NY time with in 3 months period while my application is in JR ?
Really depressed please help it out!! Any email or phone numbers or senior members please explain in detail!!!!!

[acha001]

DEAR ASIF,

I'M ALSO IN THE SAME SITUATION LIKE LIKE YOU, BUT MY SOLICITORS DID THEIR BEST, AND I GOT A LETTER FROM THE HIGH COURT WHICH ALLOWS ME TO WORK, UNTILL AN OUTCOME FOR THE JUDICIAL REVIEW.

ALSO JUST REFER TO THE CASE OF KHATEL AND OTHERS, THEY JUST WON THEIR CASE IN THE UPPER TRIBUNAL, REGARDING THE DATE OF AWARD AFTER SUBMITTING THE APPLICATION.

Khatel and Others (S85A; Effect of Continuing Application) Nepal; UTIAC 28-Jan-2013.

thanks
vishwen

Dear vishwen and Asif
I logged my JR BUT no valid visa now : can you please explain that under JR what is my status in this country, aim I legal or illegal or it counts overatyed. Please explain