PSW refusal and submitted Judicial Review..

[vishwen]

Dear laghari,

it seems you are still confused, i think your solicitor should advise you what to do, by the way if you don't get any reply for your pre- action protocol letter, it best you go for your judicial review, because at the end it will be all worth it. you are thinking about £900, but if psw is granted, you can work full time and in one month you can have the money.like me i already spent £3000 with my solicitor, as i need the 2 years to complete my 10 years, at the end it worth.
my advise, will be go for the judicial review, and don't wait for khatel case to be decided.

thanks

[laghari_iam]

yes i think i should now go ahead for JR instead of waiting for PRE action response. one last question have u yourself got a reply for your pre action letter if yes then after how long? thanks bro.

[vishwen]

dear laghari,
i did my solicitor send a pre-action protocol to the ukba in september 2012, after 7 days they withdrew the decision and said clearly that the will re consider my apllication again. In mid of october 2012, they send a letter confirming that, after reconsider my application they refused it again, because of the date of award.then my solicitor send another letter to ukba,but this time they didn't reply.
So my solicitor decided to apply for judicial review as a matter that my visa is due in november.last week i received a letter from treasury solicitor ( ukba solicitor ), state to the judge to keep my application for JR on hold, as they in process to appeal in the court of appeal with khatel case....
hope this information is enough for you.if you want anything else send me a private msg, i will give you my number and explain more in details...

[laghari_iam]

Ok sure. Check your pm

[mahe]

hi ya i am mahe. my psw application has been rejected*(due to delay of date) by ukba. so i have gone fr an appeal and my hearing date is on march 26th. do u have any information regrading people who own the case?? if u have any informtion pls let me knw. if u have any suggestions to suggest please do it.

thanking you

[vishwen]

dear mahe,

if you been awarded after 4th april 2012, then your case wil be the same like KHATEL CASE, but don't worry, the ukba might withdraw thier decision just one day before the hearing. Two of my friends their appeal has been withdrawn before the hearing date.

SO,, mahe you don't need to worry at all. if you need more information let me know.

thanks

vishwen

[vishwen]

DEAR ALL,

TODAY I RECEIVED A LETTER FROM THE ROYAL COURT OF JUSTICE ( HIGH COURT ), THAT MY APPLICATION FOR JUDICIAL REVIEW HAS BEEN PASS ON TO THE JUDGE, AND THE HEARING WILL BE DECIDED BY NEXT WEEK.

I WILL KEEP ALL OF YOU UPDATE, REGARDING THE JUDICIAL REVIEW.

THOSE WHO ARE WAITING FOR THE JUDICIAL REVIEW, NEED TO WAIT, AS I'M THE FIRST PERSON WHOSE CASE BEEN PASS TO THE JUDGE.

HOPEFULLY IT WILL BE A GOOD NEWS.

[wasimraza121]

Who will represent you ?

Is it going to be khatel case?
May Almighty bless you

DEAR ALL,

TODAY I RECEIVED A LETTER FROM THE ROYAL COURT OF JUSTICE ( HIGH COURT ), THAT MY APPLICATION FOR JUDICIAL REVIEW HAS BEEN PASS ON TO THE JUDGE, AND THE HEARING WILL BE DECIDED BY NEXT WEEK.

I WILL KEEP ALL OF YOU UPDATE, REGARDING THE JUDICIAL REVIEW.

THOSE WHO ARE WAITING FOR THE JUDICIAL REVIEW, NEED TO WAIT, AS I'M THE FIRST PERSON WHOSE CASE BEEN PASS TO THE JUDGE.

HOPEFULLY IT WILL BE A GOOD NEWS.

[rajabrave]

DEAR ALL,

TODAY I RECEIVED A LETTER FROM THE ROYAL COURT OF JUSTICE ( HIGH COURT ), THAT MY APPLICATION FOR JUDICIAL REVIEW HAS BEEN PASS ON TO THE JUDGE, AND THE HEARING WILL BE DECIDED BY NEXT WEEK.

I WILL KEEP ALL OF YOU UPDATE, REGARDING THE JUDICIAL REVIEW.

THOSE WHO ARE WAITING FOR THE JUDICIAL REVIEW, NEED TO WAIT, AS I'M THE FIRST PERSON WHOSE CASE BEEN PASS TO THE JUDGE.

HOPEFULLY IT WILL BE A GOOD NEWS.

Yes vishwen,everybody hoping u'll get good news,but my Question is to u,have they send u consent order to u earlier & is it your hearing in court of appeal???
because they sent me a Consent order on 30th jan,which i signed & send back to them on 7th Of Feb.so please reply with detail because i have also applied JR & waiting for result...Plz reply thanks

[vishwen]

dear rajabrave,

yes, they sent me a consent order, stated that they wanted to put my application on hold, while they seek to appeal in the court of appeal against khatel case. but my solicitor are not stupiud, and we didn't sign the consent order, instead we propose them to granted my psw, then i will withdraw my JR.
my solicitor write to the court, and let them know we are against the consen order.

i bet you make a big mistake, you should not sign the consent order.

so now, my file has been pass to the judge, hopefully i will get the permission for judicial review granted.

rajabrave, let me know if you need omre information.

[rajabrave]

So what is the further chances for me,so what can i do further,because if they refuse again ,so is there any chance to appeal against them in court??? Plz reply me thanks

[vishwen]

dear rajabrave,

why at the first place did you sign the consent order. your solicitor didn't tell you, it means that you are agreed to their proposal. then i think you need to wait for khatel case to be decided in the court of appeal, and don't know how long it will takes. like me i filed my case for jr since beginnig of november 2012, and it took nearly 5 months for my file to be passed to the judge. 3 times, the treasury solicitor send me consent order to sign, but my solicitor refused everytime to sign and we will not agreed any of their proposal.
i can't say, whether your JR will be granted or not, but at the moment you have to wait, and nobody knows how long it will takes.

if you need more explanation let me know.

[rajabrave]

dear rajabrave,

why at the first place did you sign the consent order. your solicitor didn't tell you, it means that you are agreed to their proposal. then i think you need to wait for khatel case to be decided in the court of appeal, and don't know how long it will takes. like me i filed my case for jr since beginnig of november 2012, and it took nearly 5 months for my file to be passed to the judge. 3 times, the treasury solicitor send me consent order to sign, but my solicitor refused everytime to sign and we will not agreed any of their proposal.
i can't say, whether your JR will be granted or not, but at the moment you have to wait, and nobody knows how long it will takes.

if you need more explanation let me know.

So it mean my JR still be valid but will have to wait khatel case bcx i signed?? Bcx i m confused about this...yes my solicitor ask me to sign and send them & wait for khatel case,so if you have hearing next week,cam it be make any impact on my JR??? Plz reply
& one more Question after Consent Order can anyone still have the right of appeal in high court,??? Plz explain this..I really appreciate this to give me time..Thanks

[vishwen]

dear rajabrave,

your application for JR still valid,but the only thing is that you are giving them time, so it means that your file will not pass to the judge, because the ho is appealing against khatel case, so untill you don't get a decision from khatel case, your JR will be pending.i don't understand the point of appealing if you sign the consent order, it has nothing to do for appealing.

rajabrave i think you are confused and it seems you don't understand how the all process work.

[rajabrave]

dear rajabrave,

your application for JR still valid,but the only thing is that you are giving them time, so it means that your file will not pass to the judge, because the ho is appealing against khatel case, so untill you don't get a decision from khatel case, your JR will be pending.i don't understand the point of appealing if you sign the consent order, it has nothing to do for appealing.

rajabrave i think you are confused and it seems you don't understand how the all process work.

Thanks brother for explaining me,Now i m much clear,yeh i have made a mistake to give them time,Anyways hoping for the Best...& Best of luck to you Aswel..Please let us know outcome of ur Hearing..Thanks Again for helping..GOD Bless U...

[vishwen]

of course i will let u know what will happen next week, just pray that the permission for judicial review been granted.

[laghari_iam]

any one have any clue on when HO will get a hearing date against khatel case in court of appeal? and how long does is usually take to get a hearing date in court of appeal? its already been 1 month since the permission been granted.

[laghari_iam]

ok now i've some news to tell ya guys i've just been told this by a frnd i dont know if this is true or not.

HO got permission to go for court of appeal but their grounds were week that's why they been refused and now they've gone for administrative review or something.

hope they get refuse again.

[wasimraza121]

ok now i've some news to tell ya guys i've just been told this by a frnd i dont know if this is true or not.

HO got permission to go for court of appeal but their grounds were week that's why they been refused and now they've gone for administrative review or something.

hope they get refuse again.

brother do not listen to rumours share only reliable information.
thanks
[/b]

[laghari_iam]

Then why they ain't got any hearing date yet? It's been a month.

[wasimraza121]

Then why they ain't got any hearing date yet? It's been a month.

No news yet. It takes 4 weeks to maximum of 10 months to get the final result of court of appeal[/b]

[rajabrave]

of course i will let u know what will happen next week, just pray that the permission for judicial review been granted.

So brother what happened to ur judicial review ...have u got permission or not?????

[vishwen]

Dear All,

I received a letter from ukba on the 18 march 2013, and they said they reconsider my application FOR THE 3rd time and this time they mentioned a different date of award in the letter and also they mentioned that the course completion date is after 4th april 2012. And this time they give me RIGHT OF APPEAL.

WHAT ON EARTH IS GOING ON ?

THE CASE IS ALREADY BEEN CHALLENGED IN THE HIGH COURT AND ITS ALMOST 5 MONTH SINCE MY JR IS PENDING,even my solicitor don't know why we received another letter from ukba after 5 months.

HOW CAN SOMEBODY APPEAL, WHEN THE CASE ALREADY IN THE HIGH COURT...... ANY SUGGESTION ??????????????????

[wasimraza121]

Dear All,

I received a letter from ukba on the 18 march 2013, and they said they reconsider my application FOR THE 3rd time and this time they mentioned a different date of award in the letter and also they mentioned that the course completion date is after 4th april 2012. And this time they give me RIGHT OF APPEAL.

WHAT ON EARTH IS GOING ON ?

THE CASE IS ALREADY BEEN CHALLENGED IN THE HIGH COURT AND ITS ALMOST 5 MONTH SINCE MY JR IS PENDING,even my solicitor don't know why we received another letter from ukba after 5 months.

HOW CAN SOMEBODY APPEAL, WHEN THE CASE ALREADY IN THE HIGH COURT...... ANY SUGGESTION ??????????????????

I think they are just killing time.
if you look at these points just give your opinion. what you think as a just reader abt the case.

43. So everything depends on Mr Malik’s second submission. He can support that submission by seven observations:

(i) The most important is Lord Justice Pill’s decision that applications for variation including applications for variation of points based system claims for leave are continuing applications starting when the application is first lodged but remaining open until it is decided.

(ii) Both Lord Justice Sullivan and Lord Justice Pill in AQ concluded that even when there is an historic timeline in PBS cases, that historic timeline is to be decided as at the date of decision rather than the date of application.

(iii) Lord Justice Sullivan in Alam had identified the mischief to which section 85A was directed: reliance by the Tribunal on fresh evidence that was never placed before the decision maker; but in this case the material evidence was before the decision maker at the time of the decision.

(iv) There is an inconsistency of approach in the decision itself; the Secretary of State did award each claimant twenty points for the post graduate degree in the first block of Table 10 but not the 15 points for the application being within twelve months of obtaining the qualification in block 4. If the Secretary of State’s reliance on section 85A in its strictest sense was a good one then the qualification itself should have been excluded from the award of points since it was not a piece of information provided in the application when it was first made.

(v) Te Secretary of State’s submission involves reading into the words of section 85A the qualifying words ‘application first made’ rather than leaving ‘application’ to bear its natural meaning which as Lord Justice Pill has explained is a continuing one . There was no need to read into the section such a word to make sense of the statutory purpose, which was concerned with material that the Secretary of State has not had a chance to consider prior to making a decision.

(vi) It would be inconsistent with principles of statutory construction to apply a permissive meaning to the strict words in the absence of an unambiguous statement of intention by the legislation.

(vii) It was always open to the Secretary of State to make a decision on the applications shortly after the 6 April 2012 when the points based system route in question had been withdrawn. However her officials had specifically waited until the awarding bodies had made their awards and communicated with them to clarify the date of the award. There is little purpose in the Secretary of State inquiring and receiving information before the decision is made and then depriving the Tribunal from having access to that information or regard to it on the appeal.


UKBA is trying to uphold the deceision of Ali case which was in upper tribunal ignoring the Court of Appeal ref. case AQ pakistan. But the irony is they are trying to convince the court of appeal by ALI ! ! ! !

[vishwen]

dear wasimraza,

the points you mentioned are very good and clear to understand.

i think the ukba is very confused and they are trying to clear the mess,
because some students who been awarded after 4th april 2012 has got their visa, and i got eveidence of that as well.

but the question is that when they refused me last year, because of date of award, i send them PAP, then afterwards, they withdraw the original decision and said they will re-considered the case again. after one month, they send a letter and refused again, this time i went for JR, 2 weeks ago, i received a leeter from the high court that my file has been pass to the judge for permission for JR. Now, on thursday, i received a letter from ukba, saying they consider my case again, and refused again which mean for the 3rd time, and this time they give me right of appeal.So wasimraza, how will you explained this situation to me, its very confused right now.