PSW refusal and submitted Judicial Review..

asifleo13 · Post by **asifleo13** » Tue Jan 15, 2013 5:31 am

Dear all,
I my PSW was rejected due to the late results but sent my results before the refusal.. I had my visa left for 1 month so they even did't give me any right of Appeal, with the help of my Solicitor i have submitted my Judicial review in October. It is almost 3 months I am waiting for its process. Can you please help me it is almost 2 months i don't have any job coz my employer has put me on unpaid job as he said you are not eligible to work.. I need to know, during my judicial review which visa status i have right now, in which i can stay in the country but cant work. I am sure i am eligible to work atleast according to my previous status. But my HR wants the reference or rule which can clarify my status. I will be thankful to you for your favors..

Asif Khan

askhan · Post by **askhan** » Tue Jan 15, 2013 10:13 pm

while your application in JR, according to extension rule when applied for JR your status was student and as per the decision is not been made so your status is still student and, what ever number of hours you have been allowed before you should be able to work.

please confirm with you lawyer as well.

asifleo13 · Post by **asifleo13** » Wed Jan 16, 2013 2:52 am

Hi Ash,

Thank you so much for your reply. Can you please tell me which extension rule will be apply during Judicial Review process.

My solicitor has given me the following reference

"As you made an application before your leave expired, the condition of your leave will continue to exist whiles your application is been decided under section 3c of the immigration act 1971 and you will have a further leave under section 3d if the matter went to court. I strongly belueve it wont go that far"

but my HR is still stick on her point that you did't have right to appeal, so this rule will not apply on you.

Thanks, Asif Khan

askhan · Post by **askhan** » Wed Jan 16, 2013 8:42 am

I found you, no need to remind me,

yes this is the i was referring too, now if your HR is not listening it is something that they dont want to listen.

rmary · Post by **rmary** » Sat Feb 16, 2013 11:40 am

My PSW was also rejected in Sept 2012 due to late results. i was not given right of appeal as i had a months visa left. my solicitor filed JR IN DEC 18, 2012. iN FEB 2013, home office has filed thier objections but im still waiting to hear if the court has granted in favour or not.

Can anyone in the same situation share their experience if they have any word from the court regarding their JR.

I left the UK as my solicitor said tht i had no right to work while the JR is in process.

vishwen · Post by **vishwen** » Sat Feb 16, 2013 5:16 pm

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

rmary · Post by **rmary** » Sun Feb 17, 2013 7:10 am

viswen...when did you submit your JR can you share?

vishwen · Post by **vishwen** » Mon Feb 18, 2013 2:22 pm

DEAR RMARY,

I SEND MY JUDICIAL REVIEW IN THE MID OF NOVEMBER, AND RECENTLY THE UKBA LOST THEIR CASE IN THE UPPER TRIBUNAL.

REFER TO KHATEL CASE AND OTHERS, I'M SURE YOUR LAWYER WILL KNOW ABOUT THE CASE...

IF YOU NEED MORE INFORMATION LET ME KNOW.

THANKS

VISHWEN

rajabrave · Post by **rajabrave** » Mon Feb 18, 2013 7:43 pm

Hi,
I also sent my JR in Nov,after SSHD taken 2 extntion judiciary sent me Consent order,But today i got a news from my Solicitor that Ukba got a permission for Go to court of appeal from Justice Balack senior judge of Upper tribunal,so hoping that they will not give them permission to lodge a appeal against us...I m just praying plz guys pray for all of us...thanks

wasimraza121 · Post by **wasimraza121** » Mon Feb 18, 2013 10:24 pm

rajabrave wrote:Hi,
I also sent my JR in Nov,after SSHD taken 2 extntion judiciary sent me Consent order,But today i got a news from my Solicitor that Ukba got a permission for Go to court of appeal from Justice Balack senior judge of Upper tribunal,so hoping that they will not give them permission to lodge a appeal against us...I m just praying plz guys pray for all of us...thanks

What is the name of your solicitor? do know the exact date? how long does it take to get the permission?

As far as i know HO got 7 working days to appeal against the decision, that expired well before. How they could appeal after 7 working days have passed?

if they have got the privilige to appeal then everyone should have privilege to appeal after the appeal time has expired.

this is not the right way.

please update this issue,

rajabrave · Post by **rajabrave** » Mon Feb 18, 2013 11:07 pm

Sorry i can't tell u the name of my solicitor here,but they can appeal in court of appeal in 30 days.So as my info they got the permission from upper tribunal,but if they have to take permission from court of appeal aswel,so hoping that court of appeal will not allowed them as they have not enough evidence.

wasimraza121 · Post by **wasimraza121** » Mon Feb 18, 2013 11:18 pm

rajabrave wrote:Sorry i can't tell u the name of my solicitor here,but they can appeal in court of appeal in 30 days.So as my info they got the permission from upper tribunal,but if they have to take permission from court of appeal aswel,so hoping that court of appeal will not allowed them as they have not enough evidence.

Well, do you know how long does it take get the permission from court of appeal? Is it 5 days? Khatel and others have 7 observation, what your solicitor says? Do HO have found anything against those 7 observation?

Keep updating about any info

rajabrave · Post by **rajabrave** » Mon Feb 18, 2013 11:27 pm

Yes u r absolutly right today 3 appeals allowed by upper tribunal as Judge speak to these 3 that they dont have enough evidence & it is most likely chances that court of appeal will refuse to hear them,& in today proceeding judge even take 3mins to give a decision straight way,i m hoping that my JR will approved soon.if they will not get permission in court of appeal then this drama will end in month,but if they get permission which is very rare chance ,so we have to wait more 4-5 months..

wasimraza121 · Post by **wasimraza121** » Mon Feb 18, 2013 11:39 pm

rajabrave wrote:Yes u r absolutly right today 3 appeals allowed by upper tribunal as Judge speak to these 3 that they dont have enough evidence & it is most likely chances that court of appeal will refuse to hear them,& in today proceeding judge even take 3mins to give a decision straight way,i m hoping that my JR will approved soon.if they will not get permission in court of appeal then this drama will end in month,but if they get permission which is very rare chance ,so we have to wait more 4-5 months..

It has almost been 1 year i have applied for the psw, well if it goes like this my visa will be extended by virtue of 1971 immigration act 3c. Am i correct? By any chance have your solicitor have said whether HO have any evidence against khatel and others case? One more thing, if they appeal Aq pakistan will be also challenged. Khatel case skeleton and decision is based on aq.

rajabrave · Post by **rajabrave** » Mon Feb 18, 2013 11:46 pm

Brother in my consent order they gave same refernces cases,so if they are going into court of appeal then they will lodge appeal against khatel,raju,Al-islam & Adikari...These are decided before in upper tribunal.But dont worry as senior judge of upper tribunal Justice Balack says that they dont have enough evidence against all cases which refuse with Date of award reason,so if your reason is Date of award then dont worry it is strong chance we will get positive result in this month.Hope For the Best....!!

Dustboy_ku · Post by **Dustboy_ku** » Mon Feb 18, 2013 11:55 pm

could u please help me. High court judge has granted permission to apply judicial review and home office sent consent form and agreed to reconsider and if they refuse they ll give appealable immigration decision so they did the same they refused and given me right to appeal but First tier tribunal again dismissed my appeal without even mentioning the high court judges observation. could u please help me if u know such a case where Immigration judge hardly gives any regard to high court judge.

wasimraza121 · Post by **wasimraza121** » Mon Feb 18, 2013 11:58 pm

rajabrave wrote:Brother in my consent order they gave same refernces cases,so if they are going into court of appeal then they will lodge appeal against khatel,raju,Al-islam & Adikari...These are decided before in upper tribunal.But dont worry as senior judge of upper tribunal Justice Balack says that they dont have enough evidence against all cases which refuse with Date of award reason,so if your reason is Date of award then dont worry it is strong chance we will get positive result in this month.Hope For the Best....!!

Yes it is date of award. Aq pakistan is the strong base so far. What about yours?

rajabrave · Post by **rajabrave** » Tue Feb 19, 2013 12:02 am

wasimraza121 wrote:
rajabrave wrote:Brother in my consent order they gave same refernces cases,so if they are going into court of appeal then they will lodge appeal against khatel,raju,Al-islam & Adikari...These are decided before in upper tribunal.But dont worry as senior judge of upper tribunal Justice Balack says that they dont have enough evidence against all cases which refuse with Date of award reason,so if your reason is Date of award then dont worry it is strong chance we will get positive result in this month.Hope For the Best....!!
Yes it is date of award. Aq pakistan is the strong base so far. What about yours?

Yes my case is also date of award,& so many cases allowed now after AQ Pakistan,As i mentioned earlier today i was with my Friend in court his appeal is allowed in not more than 3 mins as other 2 guys aswel.so we have strong case IN SHA ALLAH

wasimraza121 · Post by **wasimraza121** » Tue Feb 19, 2013 7:20 am

rajabrave wrote:
wasimraza121 wrote:
rajabrave wrote:Brother in my consent order they gave same refernces cases,so if they are going into court of appeal then they will lodge appeal against khatel,raju,Al-islam & Adikari...These are decided before in upper tribunal.But dont worry as senior judge of upper tribunal Justice Balack says that they dont have enough evidence against all cases which refuse with Date of award reason,so if your reason is Date of award then dont worry it is strong chance we will get positive result in this month.Hope For the Best....!!
Yes it is date of award. Aq pakistan is the strong base so far. What about yours?
Yes my case is also date of award,& so many cases allowed now after AQ Pakistan,As i mentioned earlier today i was with my Friend in court his appeal is allowed in not more than 3 mins as other 2 guys aswel.so we have strong case IN SHA ALLAH

So we have to wait for the outcome.

Post by **vinny** » Tue Feb 19, 2013 8:36 am

asifleo13 wrote:Dear all,
I my PSW was rejected due to the late results but sent my results before the refusal.. I had my visa left for 1 month so they even did't give me any right of Appeal, with the help of my Solicitor i have submitted my Judicial review in October.

Perhaps results should have been considered.

vishwen · Post by **vishwen** » Tue Feb 19, 2013 9:42 am

DEAR ALL,
LET ME TELL YOU THAT, THE UKBA DON'T HAVE ANY EVIDENCE. REGARDING MY CASE MY SOLICITORE SENT A PRE-ACTION LETTER IN SEPTEMBER AND THEY WITHDRAW THEIR DECISION , THEY SAID THEY WILL RE-CONSIDER THE CASE AGAIN. BUT IN OCTOBER THEY REFUSED ON THE SAME BASIS OF THE DATE OF AWARD.MY SOLICITOR FILE A CLAIM FOR JR IN THE COURT, THE TREASURY SOLICITOR DIDN'T SUBMIT ANY SEVICE OF ACKNOWLODGEMENT SO FAR. IT'S BEEN 3 MONTHS ALREADY.
LAST WEEK MY SOLICITOR RECIEVED A LETTER OF CONSENT FROM UKBA,SUGGESTING TO HOLD MY CLAIM, AS THEY ARE IN PROCESS TO APPEAL IN THE COURT OF APPEAL AGAINST THE UPPER TRIBUNAL DECISION, AS THEY HAVE 21 DAYS TO DO SO.
STILL WE DON'T KNOW IF THE PERMISSION BEEN GRANTED OR NOT, AS WE DIDN'T GET ANY REPLY FROM THEM.ANY SUGGESTION PLEASE SHARE..........

vishwen · Post by **vishwen** » Tue Feb 19, 2013 9:49 am

dear all,

so far we don't know if the HO, did get permission to appeal or not, we still waiting.

wasimraza121 · Post by **wasimraza121** » Tue Feb 19, 2013 12:51 pm

vinny wrote:
asifleo13 wrote:Dear all,
I my PSW was rejected due to the late results but sent my results before the refusal.. I had my visa left for 1 month so they even did't give me any right of Appeal, with the help of my Solicitor i have submitted my Judicial review in October.
Perhaps results should have been considered.

Do you have any update about the Khatel and others Court of Appeal? Have they got the permission to appeal?

laghari_iam · Post by **laghari_iam** » Tue Feb 19, 2013 2:56 pm

my Friends appeal today at upper tribunal has been won in just 5 mins but bad news is a member of home office there have told him that they r going against khaleel case. now we don't know how long will this process take its already been a year now.

wasimraza121 · Post by **wasimraza121** » Tue Feb 19, 2013 3:02 pm

laghari_iam wrote:my Friends appeal today at upper tribunal has been won in just 5 mins but bad news is a member of home office there have told him that they r going against khaleel case. now we don't know how long will this process take its already been a year now.

keep sharing your case progress.

yes, my case as well 10 more days then it will be 1 year.

Have the HO told whether they have been granted permission against Khatel and others?

"http://www.bailii.org/uk/cases/UKUT/IAC/2013/00044_ukut_iac_2013_pk_ors_nepal.html"

But the thing is that, Khatel is based on the following case, which was determined by Royal Courts of Justice

"http://www.bailii.org/ew/cases/EWCA/Civ/2011/833.html"

please share any update regarding this

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PSW refusal and submitted Judicial Review..

PSW refusal and submitted Judicial Review..

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