ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Appeal for reconsideration after judge dismisses case

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Locked
sicknote
Newly Registered
Posts: 14
Joined: Tue Apr 28, 2009 2:53 pm

Appeal for reconsideration after judge dismisses case

Post by sicknote » Thu May 07, 2009 2:45 pm

I posted last month explaing my girlfriends situation. Here is a quick run down of the situation.

She applied for Tier 1 PSW visa.

Failed to provide the full 3 months worth of bank statements by only a few days and was refused the visa.

Appealed the decision and provided 6 months worth of bank statements with well over the £800 in the account.

The appeal was won.

Then the H.O. appealed the appeal decision.

Letter in today stating the H.O. had done the right thing in refusing the visa originally as the Law says you must provide the full 3 months of statements.

Now she has the right to appeal for reconsideration and looks like it will involve another court date.

If the judge has dismissed the case for not providing 3 months worth of statements due to the Law, I don't see how she can win the reconsideration .

What usually happens here? How long do we wait for a court date?
Do people ever win the reconsideration cases?

parham.r
Newbie
Posts: 31
Joined: Fri Mar 20, 2009 12:43 pm

Post by parham.r » Thu May 07, 2009 4:45 pm

I am very sorry for your girl friend's case. I personally find it very hard to understand the purpose of the rules. Are the rules here to serve their purpose or are they a purpose themselves?!


You would be very kind if you can please answer my question. Were the statements short of a few days to cover up to three months? ie. two months and two weeks statements.

sicknote
Newly Registered
Posts: 14
Joined: Tue Apr 28, 2009 2:53 pm

Post by sicknote » Thu May 07, 2009 5:32 pm

parham.r wrote:I am very sorry for your girl friend's case. I personally find it very hard to understand the purpose of the rules. Are the rules here to serve their purpose or are they a purpose themselves?!


You would be very kind if you can please answer my question. Were the statements short of a few days to cover up to three months? ie. two months and two weeks statements.

I have to be honest and say up until now I knew nothing of the way immigration worked as I have no friends who have been through the process.


This rule about the £800 and 3 months must be costing this government a small fortune......Judges....appeals....more judges....more appeals. it is almost as if common sense has left the Home Office.


I am actually disgusted with the way she has been treated. I know it was her mistake for not sending what was required but what was the point of the appeal?


She applied in December and sent part December statement, Nov, Oct and most of Sept statements. She thought you had to send the last 3 months worth but the law says it's the 3 months previous to the month you apply. She was a few days short in the Sept statement for a full month. So yeah she was only short a few days to cover the 3 months. It is really eating her up as it was her mistake.


She has just spoken to her lawyer and she will now have a High Court hearing . Her lawyer says she cant deal with it because it's at the High Court but their head office will now take on the case.


What a nightmare.

Jack_Hammer
BANNED
Posts: 145
Joined: Thu May 07, 2009 12:19 pm

Post by Jack_Hammer » Thu May 07, 2009 7:02 pm

I feel my case will be similar to this one, I have screwed up two weeks... :cry:
________
MICHIGAN DISPENSARIES
Last edited by Jack_Hammer on Fri Feb 18, 2011 2:38 pm, edited 1 time in total.

shawpan
Newbie
Posts: 35
Joined: Tue May 05, 2009 5:57 pm

Post by shawpan » Sat May 09, 2009 1:33 am

So many guys won their appeals even though they had the same situations, even if you search this forum you will find some similar ones. So why are they taking this case soooo seriously?

Even my case, I did not have bank statement for last 4 days, I had the money in my bank but as there was no transaction afterward, so I did not get any more bank statement, but the judge rejected my appeal saying there is no written document to prove that!!!

I know what u guys going through, I hope everything will be all right again. Do not worry.

Locked