> How to make the appeal more plausible?

[yashima]

(I'm making two threads because I dont want to bore with you one long thread, and this is on a slightly different issue)

I recently applied for the IGS - PSW transition visa and get rejected due to maintenance fund falling below 800 for a brief period. My visa now has expired. It really caused me so much distress and turn everything and every plan up side down.

I have got the right to appeal this decision. As many respected members have said, I have next to no chance of winning this appeal. But I would like to consider appealing anyway, for two reasons, one is I would like to try even there is 0.1% chance of success, two is I need abit of time to sort of things in life before leaving, so appealing may give me that space of time (extra 4 weeks I would imagine?).


I would like your help how to make the appeal more plausible, so any constructive criticism or advice is so much appreciated.


I havent got the legal language, but this is the basic of the ground im trying to appeal on, hoping for judical discretion:

- Maintenance fund falling below 800 is due to extenuating circumstances: one is due to my recent move to London, with rent deposit and funiture purchasing etc, taking the balance down for the period of 10-30 October, my balance is good before and after the move (after which I have a job). Two is the rule came to effect so recently and I didnt come to notice until end of october, and try to maintain the balance well right after that.

(Is the second argument foolish? Of course as citizens we have to be aware of the laws and legistration, but as students i have always been able to reapply visa ONE month before it expires and its a habit to look at new rules and regulations right before that. The rule came out really recently, and in my opinion, they should give longer "grace period". But should i put this arguement forward? Or it will do further damage as I'm negligent of the rules?)

- I have sound financial standing. I have been in the UK for a long time, studied with scholarship from colleges and universities and my parents have been supporting me continually. I could show them letters of financial support from my parents over the year, and now. And also an UK guarantor, and also pay slip from my recent job after moving to london, showing that im able to support myself.


- I'm an able person with good character. With this, I'm trying to emphasize on the spirit of the Tier 1 PSW, which is to enable good graduate to seek for jobs and contribute to the UK. I'm trying to argue i'm graduated from a respected university and passionate to contribute. I'm trying to get character reference from local church, university and workplace.


Please advice if there's any way I can make the application more plausible at all. Its okay to say "dont waste your time", but I will have to try, my whole life is here and everything is just started.

Many many thanks.

[Quality Street]

I think if you have over-stayed you are actually breaking the law (I believe that is the case) Therefore they could have you de-ported on them grounds.

However.

For your funds falling below 800, they could use that as away of rejecting your application. This may be because you have moved to London. This means more expenses, more things to pay for, prices are higher. Therefore they may believe that you may not be able to afford to live there.

I would also try looking for another job.



(I'm not a Immigration Officer OR working for any services, purely things I have seen/heard about)

[yashima]

I'm thinking of appealing so I dont think I'm overstaying at the moment, what i concern is after the appeal is rejected, would i be consider an "overstayer" then, or im allowed to leave within 28 days without breaking the law. Many thanks

[Quality Street]

I'm thinking of appealing so I dont think I'm overstaying at the moment, what i concern is after the appeal is rejected, would i be consider an "overstayer" then, or im allowed to leave within 28 days without breaking the law. Many thanks

Hi, you did say, " My visa now has expired." I believe this means you are a over-stayer.

I would give Immigration a phone call to check then, if they say you are, put a appeal in.



(I'm not a Immigration officer)

[vinny]

If you had applied before you leave had expired and are appealing in-time, then your leave is "treated as continuing".

[PaperPusher]

Hello yeshima

You are not an overstayer yet as long as you made your (failed) application before you visa ran out - I think it is called "Section 3C" of The Immigration Act. Leaving after 28 days would be good if you are unsuccessful, unless you want to do further appeals.

There really isn't "judicial discretion" as you put it. You have to meet the requirements of the rules, there is no way around this I can see unless you take it all the way, ie argue that the law itself is unlawful because it is totally unreasonable. If you want to do that good luck, good luck anyway.

[yashima]

Hello PaperPusher,

Thank you very much for your reply. I never run into legal problems before so I have to say im very much naiive about this. But the way I think about this is, these are rules, not law, especially it just came to effect very very recently. Asking people to be aware of the rules as long as it comes out is abit unreasonable dont you think?

Can you please explain to me more about "judical discretion", arent they power of the judge to decide with variations to the rule? Why isnt there any in this case?

Many many thanks

[mrlookforward]

Hello PaperPusher,

Thank you very much for your reply. I never run into legal problems before so I have to say im very much naiive about this. But the way I think about this is, these are rules, not law, especially it just came to effect very very recently. Asking people to be aware of the rules as long as it comes out is abit unreasonable dont you think?

Can you please explain to me more about "judical discretion", arent they power of the judge to decide with variations to the rule? Why isnt there any in this case?

Many many thanks

An immigration judge can only say if the home office disregarded or did not apply any rules. He cant excercise his discretion and grant you leave. Immigration rules are made under the powers granted to home secretary by various immigration Acts, hence the immigration rule are the LAW.

[vinny]

Hello yeshima
There really isn't "judicial discretion" as you put it. You have to meet the requirements of the rules, there is no way around this I can see unless you take it all the way, ie argue that the law itself is unlawful because it is totally unreasonable. If you want to do that good luck, good luck anyway.

For example, see also an interesting JR.