appeal approved; hearing date issued

[knee_hit]

Hi Guys

A special thank you to jack and koolbone for their invaluable inputs at all times.

I have appealed to the AIT and recieved a hearing date. Please guys share the experiences of everything thats relevant to a hearing;

Its more important to me as I havent got a solicitor. So I will rely heavily on you guys for your inputs.

Thank you till so far.

[knee_hit]

I would also like to thank every member who posts here.

[Diokpa]

Hi Guys

A special thank you to jack and koolbone for their invaluable inputs at all times.

I have appealed to the AIT and recieved a hearing date. Please guys share the experiences of everything thats relevant to a hearing;

Its more important to me as I havent got a solicitor. So I will rely heavily on you guys for your inputs.

Thank you till so far.

What I did before my hearing was that I went to the AIT website and looked for previous cases which I felt were relevant to my situation, since you are making an in-country appeal you should go for cases that start with IA and thrawl through them, hopefully there should be a few more psw cases by then. Try see if you can also look into immigration law and get an idea on how you would argue your case if the HO sends someone really good on that day. There are some loop-holes in the immigration act 2002 which is making it easy for guys to get their case allowed under those laws still in place especially with regards to allowing "new" evidence to be admissable by the judge on the day of hearing.

When sending through your witness statement before the hearing date, you can make reference to the cases which you believe having similar bearings to yours, that helped me in my own case as the Judge even told me that I came well prepared when I showed him copies of such cases. So doing your research will pay off.

On the day of hearing, there will be a lot of people listed at the same time so make sure you get there on time and know where your hearing room is and go wait. Your case might be the first to be heard but even if it isn't, it would be nice to be in there and get a feel of the kind of judge you would be facing and get yourself mentally prepared. You might be lucky not to have any HO rep which will give you more time to put your points across and have the judge hear your own side without the HO trying to intimidate you in any way.

So my advice is be well prepared and do your home work before that day. If your case isn't complicated then you will have a smooth ride by the grace of God. All the best.

P:S

Check out http://www.opsi.gov.uk/ACTS/acts2002/uk ... 20041_en_8

[jack199]

Hi Guys

A special thank you to jack and koolbone for their invaluable inputs at all times.

I have appealed to the AIT and recieved a hearing date. Please guys share the experiences of everything thats relevant to a hearing;

Its more important to me as I havent got a solicitor. So I will rely heavily on you guys for your inputs.

Thank you till so far.

You are welcome. Its a pleasure to help people who really should get the VISA.

On the day of hearing your case might be the first or very last so keep your lunch with you just in case. In the court room, HO Rep will have a first go to create some grounds that why you shouldn't be in this country and the judge will listen to it and make some notes. All the time the HO rep can ask you question at anytime, the judge can interept both (your lawyer or HO Rep) and can ask you questions. Then it will be your go or your lawyers who will put his caser forward that why the refusal was wrong, he can ask you questions at any time.

Always try and ask your solicitor, the questions which he and (Judge or HO Rep, based on the refusal solicitor usually have an idea) might ask and prepare an answer for it. Do a question/answer moc practice and try and make HUNCH for questions which the HO Rep can ask you ANY TYPE OF QUESTION (not even related to refusal), but usually to come clean they will only ask your questions related to the refusal, Only judge can ask you questions apart from refusal. Once the appeal is done if its a straight forward appeal the judge might tell you the results straight away if not then it will take from 1 to 2 weeks for the determination to come in the post. Once the determination has been sent and you have WON the appeal then HO will have 5 days to challenge the decision (called reconsideration) stating that the judge made an "error in law" as God forbid if you lose the appeal (worst case situation) then you will ahve 5days to challenge the decision as well infront of a senior judge.

I hope that answers your question.

All the Best

[cheryl99]

Hi knee-hit, when did you submit your appeal to AIT?

[sban]

Hi Knee-Hit, there's nothing to be afraid of. I represented myself and won as well. Both Diokpa and Jack199 have provided very useful tips. Some from me:

Definitely go through the AIT site and read up on what happens that day. I was sent a leaflet about the hearing centre. If it helps you can even go and have a look around before your hearing.

I did not look at previous cases because I was worried would be overwhelmed and because each case is unique. But do that by all means if it gives you confidence.

Do not be late for your hearing. Every case is listed for 10am that day but as jack199 says you could be the first or the last so be prepared. Dress well, wear a suit if you can. If not, shirt and trousers. Always helps to make an impression and gives you confidence. You should score points for representing yourself.

During the hearing provide clear answers that do not confuse the judge. First satisfy all his queries, answering only what he asks. He should then allow you to add anything else you want to. Do not try to bluff, stick to one story. If the judge finds discrepancy in what you are saying, you will not be a credible witness.

Know your case thoroughly as I'm sure you do. Read up the Immigration act sections relevant to you. Make a checklist of documents to take with you. Keep your documents in an order so that you can refer to them easily and quickly, especially bank statements.

Whatever you do, do not panic. Keep a cool head. Wish you the very best.

[knee_hit]

Hello everyone!

Thank you for all the valuable information once more.

As I told you guys earlier, I do not have a solicitor.

I sent my appeal on 30 March 2009 to the AIT. My deadline was 31 March 2009. I sent it in a day earlier using royal mail special delivery with all the original documents.

But they returned the entire set of documents in 3 days stating that they were not needed at that point of time.

They kept the appeal form, HO notice of decision and my appeal statement.

I finally recieved a hearing date in 5 days time for 15 May 2009. So getting preapred for the big day now.

[knee_hit]

Dear All

Please provide more info on the following as you represented your own case.

I am asked to send documents to AIT and Respondent; to arrive no later than 5 days from the date of hearing.

1) A Witness statement of the evidence to be called at the hearing; this is evidence of chief at the hearing

(Is this exactly the same as the one sent with the appeal form; or modified)

2) A paginated and indexed bundle of all the documents to be relied on at the hearing with a schedule identifying the essential passages.


So my questions to you guys:
1) Do I need to send any original documents to AIT or Respondent?
2) I have only one set of each document. How to send it to both?

I might sound dumd with the last one, but honestly, I am confused?

Thank you eveyone.

Also, Sban you represented yourself. So please help me with this bit.

[tuhadda_fuffar]

Dear All

So my questions to you guys:
1) Do I need to send any original documents to AIT or Respondent?
2) I have only one set of each document. How to send it to both?

I might sound dumd with the last one, but honestly, I am confused?

Thank you eveyone.

Also, Sban you represented yourself. So please help me with this bit.

You need to send photocopies only. Keep originals for hearing date....they might ask on that day!!

[sban]

Witness statement is basically you putting your case forward. It can be what you wrote on the appeal form (combining reasons for appealing and additional reasons) or you could write afresh, presenting your arguments and reasons and including things you could not/did not in the appeal form. I was happy with what I wrote in my appeal form so included that only.

Send photocopies, not originals. As Tuhadda says, you need to take all original documents with on day of hearing. Also, I did not send a full set of photocopies to HO and AIT again. Just ensure HO has a copy of all the documents you have sent AIT with your appeal (i.e additional statements, letter from bank etc).
You should also receive a huge bundle from HO with photocopies of everything you sent (ie documents their lawyer will rely on during hearing).

[Aoun]

Hi knee-hit and guys I am a bit confused here. First let me tell you what happened with my PSW application I sent my application on the 19th of Jan 2009 It was refused on the 20th of March 2009 on the basis of maintenance funds. But I was not given right of appeal because I still had vaild leave to remain which expired on the 31st of march 2009 but I was given the permission to launch a new application. Now my question is ' CAN I SEND MY WITNESS STATEMENT TO AIT AND ASK THEM TO GIVE ME THE RIGHT OF APPEAL, IF I CAN'T DO THAT THEN WHAT IS THE SOLUTION TO THIS PROBLEM'

[THENDIST]

Aoun - the reason for not giving you the right to appeal is because you still had valid leave to remain - so you could reapply. If your LTR expired on March 31, are you still in the country? if so on what visa are you on?

[Diokpa]

Hi knee-hit and guys I am a bit confused here. First let me tell you what happened with my PSW application I sent my application on the 19th of Jan 2009 It was refused on the 20th of March 2009 on the basis of maintenance funds. But I was not given right of appeal because I still had vaild leave to remain which expired on the 31st of march 2009 but I was given the permission to launch a new application. Now my question is ' CAN I SEND MY WITNESS STATEMENT TO AIT AND ASK THEM TO GIVE ME THE RIGHT OF APPEAL, IF I CAN'T DO THAT THEN WHAT IS THE SOLUTION TO THIS PROBLEM'

If you have not re-applied as of this day then you are out of status and will be slapped a ban for over-staying. You cannot just send a witness statement to AIT without being given a right to appeal. My advice would be to see legal help at this stage to see what your options are but it doesn't look good going by what you described. All the best.

[bananafish]

I am just about to send off my witness statement and the bundle.

I think I might have a small problem though.

I sent my Appeal Form too late and had to fax it on the last date. However, to be on the save side, the next day I also posted it along with all the ORIGINAL documents which included my bank statements etc.

No one sent the original documents back to me. The bundle I recieved from the Home Office indicates that they recieved it by fax.

Now what am I supposed to rely on? Will the original documents be present at the hearing? Or are they lost now? I have the reciept from the Post Office.

[THENDIST]

bananafish - i dont think you need to send your ORIGINAL documents anywhere - keep them with you to take with you on the day of your hearing. Send only copies.

[bananafish]

bananafish - i dont think you need to send your ORIGINAL documents anywhere - keep them with you to take with you on the day of your hearing. Send only copies.

That's what I understand now. But I said I have ALREADY sent them with my appeal form...

[THENDIST]

Hopefully they will return the originals to you.

[knee_hit]

You will definitely recieve the original back before the hearing. I have recieved mine. But I got them within a week.

I had sent a special return postal delivery package with my application. Hence, it was safely recieved back.

The postal system here is non reliable. If AIT is returning them by ordinary post, tehn there is high chances of them getting lost. Please hurry and try to call the AIT, visit local post office and sort your originals.

Good luck

[evelynegus]

Hi all! I am really glad I have found this website... It makes me feel better to know that I'm not the only one in this situation!

My Tier 1 visa has been rejected because of the maintenance funds. My appeal will be heard in early June. I am trying to get ready for that.

Diokpa mentioned that it is a good idea to go on the AIT website and look for previous cases. I tried doing that, but did not find anything relevant. I was wondering if any of you knew of a case number where an appeal was won relating to the maintenance funds?

For example, those of you who won their case, could you let me know on what day your hearing was?

Many thanks for your help!

[ud]

hello guys

i was previously granted IGS and while applying for my PSW i was rejected on the maintenance basis as i was falling short by £220 for 6 days only (which i was not aware of as my balance never went short below £1500 till today) but anyways was my bad luck and my mistake for not checking it.

i appealed in the court through the help of my solicitor and i am refused again.

I am thinking to challenge the decision again as i have got 5 days (till 13/05/09).

can anyone help me with this regarding explaining how should i proceed. i have asked my same solicitor to go with this appeal, but i am not 100% sure as i think my solicitor was not good while explain to the judge compared to the HO representative. what should i do????

also my company is also showing its interest in sponsoring me, but as per the new procedures they will have to advertise the position as will have to show that they never got good candidate like me for the job before sponsoring me!

my current salary is £22,000. also my company provided me with a letter to take to the hearing explaining that i was an important member of the project team.

to be honest i never felt short of the money £800 till today as my last six months bank statement shows over £1500 min. for all 30 days of six month.

hows should i put my case forward with this new appeal?????????

my initial PSW application was rejected in FEB09 and my 1st interview appeal was rejected on 04/05/09

guys can anyone please help me with this how should i prepare my case.

would really appreciate it

thanks in advance.

[THENDIST]

ud - for the appeal - what did you do? did you show new evidence of you having money in your account for the time that you were refused?

[THENDIST]

evelynegus - only very few cases which is about maintenance that i could find - (IA014932009 for example - search for cases near 30-03-09)

[ud]

HI THENDIST

THANKS FOR YOU REPLY.

WELL MY APPEAL WAS BASED ON ASKING THE JUDGE TO LOOK AT THE BROADER PICTURE AND NOT CONCENTRATING ON THOSE 6 DAYS WHILE MY BALANCE DROPPED. THIS WAS BECAUSE I REPRESENTED AGAINST HIM ALL MY BANK STATEMENTS TILL THAT DATE TO SHOW THAT MY A/C BALANCE NEVER FELL SHORT OF THE REQUIRED AMOUNT i.e £800 AND INFACT I ALWAYS HAD MORE THAT £1500 i.e ALMOST DOUBLE THAT WHAT IS REQUIRED!

I TRIED TO EXPLAIN THAT I EARN MORE THAT ENOUGH AND TILL TODAY MY BANK STATEMENTS NEVER FELL SHORT OF £800 AS WELL!! WHICH MEANS THAT I CAN CARRY MYSELF WITHOUT ANY HARD EFFORT OR RELYING ON THE PUBLIC FUNDS!

I WAS THINKING TO GET A POSITIVE REPLY BUT HE DENIED AND REFUSED THE APPEAL!

ANYWAY YOU CAN HELP WITH UR KNOWLEDGE OF DIFFERENT CASES AND HOW TO APPROACH???

AND I WOULD ALSO LIKE TO KNOW THAT IF I DO APPEAL THIS TIME AND IF I DO NOT SUCCEED THIS TIME, WILL I BE ASKED TO NEVER ENTER THE UNITED KINGDOM AGAIN? THIS IS WHAT ONE OF THE IDIOT TOLD ME!!

THANKS MATE

[ud]

THENDIST CAN YOU PLEASE PROVIDE A LINK TO THIS CASE.
IA014932009 for example AS U STATED IN THE PREVIOUS POST.

I COULD NOT FIND ANY CASES WITH THIS NUMBER OR ANY RELEVANT TO MY CASE.

IF YOU KNOW ANY CASE STRUCTURE THAT MIGHT HELP MY CASE THEN PLEASE LET ME KNOW AS IT CAN BE A GREAT HELP

THANKS A LOT

[THENDIST]

ud - regarding reconsideration - you can try for it - however i do not have information of how it will go. My understanding from my lawyer was that the time line for cases for reconsideration is considerable. I am told that to make it easier for all there is an attempt to bunch similar cases to reach a determination. Even that is taking a while.
As regards the cases - you can go to the AIT website - case law - tribunal determinations and then put in a date - the latest i could go at the time when i checked was 30-03-09. You will have to look at cases with the prefix IA. As mentioned before there werent many cases of a similar nature to ours.
As regards ban - i dont think there is any provision like that - yes it might be difficult to get a visa as compared to someone who hasnt had a refusal, but then again it would depend on how strong your application is.
Hope this helps you out in some way!