My experience in court - maintenance fund appeal

[alexis2000]

Hi,

I'd like to quickly share my experience in court appealing against the HO decision for maintenance funds.
Got to court by 9.30, waited for 30 min and entered into the court room where I had about 4 appellants before me. i was there with my lawyer.
In the end was my case turn by around 2pm after one hour break. First the Judge; HO person and my lawyer made sure they had the same documents such as bank statements, after the began to identify which days i was below the 800 pounds and all agreed were only 2 days right at the beginning of the period. My lawyer said that i dropped down cause i had urgent bills to pay and if i had know that i needed the money every single day I could have paid after those 2 day hence avoid the gap then I said i was unaware of the guidance and misinterpreted it that was a naive technical error.
My lawyer said also that the 800 was a guidance and not a rule and the case worker should of had applied common sense when assessing my application. Also he showed examples of previous similar cases to mine where other judged had allowed the appeal ( they were really similar to mine). then the F.. HO office representative said that wouldn't allow it and then we said that the judge should it. Judge asked me if I had money to cover the period somewhere else where I replied by saying that I don't.
Then the Judge told us he'll send us the decision by post.

Can't tell what the decision will be but in the worst of the scenarios I am going to high court to fight - won't let this unfair system put me down.

Best.

[yasa]

Hi,

I'd like to quickly share my experience in court appealing against the HO decision for maintenance funds.
Got to court by 9.30, waited for 30 min and entered into the court room where I had about 4 appellants before me. i was there with my lawyer.
In the end was my case turn by around 2pm after one hour break. First the Judge; HO person and my lawyer made sure they had the same documents such as bank statements, after the began to identify which days i was below the 800 pounds and all agreed were only 2 days right at the beginning of the period. My lawyer said that i dropped down cause i had urgent bills to pay and if i had know that i needed the money every single day I could have paid after those 2 day hence avoid the gap then I said i was unaware of the guidance and misinterpreted it that was a naive technical error.
My lawyer said also that the 800 was a guidance and not a rule and the case worker should of had applied common sense when assessing my application. Also he showed examples of previous similar cases to mine where other judged had allowed the appeal ( they were really similar to mine). then the F.. HO office representative said that wouldn't allow it and then we said that the judge should it. Judge asked me if I had money to cover the period somewhere else where I replied by saying that I don't.
Then the Judge told us he'll send us the decision by post.

Can't tell what the decision will be but in the worst of the scenarios I am going to high court to fight - won't let this unfair system put me down.

Best.

Good luck

[Jack_Hammer]

I can feel the pain when you are this close. I also didn't know they are very strict about it until late... missed two weeks before the money becomes available in my account. My visa ends end of May. I am going home and applying from there after three months since here I don't stand a chance and the processing time is even longer....

You are right, it is not fair but it is the LAW lol

All the best...
________
Lebanese Cooking

[ud]

I also appeared in the court as my balance dropped for few day, again unknowingly. i got rejection as i had few more days alexis2000 but i wish him best of luck and hope his appeal will be allowed. as its is just a matter of 2 days i can think u will get through if the judge applies his common sense and doesnt reat being very fussy.

i have appealed in the high court, decision pending. lets see how it goes

best of luck

[jack199]

I my case my balance did not even dropped and HO still refused me on the basis that the HO caseworker took my School FEES ACCOUNT STATEMENT as my financial account statement (as it said Account Statement for Jack...... where because i paid the fees in instalments and the balance was dropping every 3 month and at the end of the course it came 0 , ZILCH, which he though that i had no money in my account) and refused my visa.

The funny thing is that the HO Caseworker totally ignored my Bank letter confirming the money each month for the last 4 months where i have £800 ALL THE TIME.

Now i have won my appeal which only lasted for under 1 minute and at the hearing the HO rep was very embaraced.

Now tell me how stupid is that????

[jack199]

Hi,

I'd like to quickly share my experience in court appealing against the HO decision for maintenance funds.
Got to court by 9.30, waited for 30 min and entered into the court room where I had about 4 appellants before me. i was there with my lawyer.
In the end was my case turn by around 2pm after one hour break. First the Judge; HO person and my lawyer made sure they had the same documents such as bank statements, after the began to identify which days i was below the 800 pounds and all agreed were only 2 days right at the beginning of the period. My lawyer said that i dropped down cause i had urgent bills to pay and if i had know that i needed the money every single day I could have paid after those 2 day hence avoid the gap then I said i was unaware of the guidance and misinterpreted it that was a naive technical error.
My lawyer said also that the 800 was a guidance and not a rule and the case worker should of had applied common sense when assessing my application. Also he showed examples of previous similar cases to mine where other judged had allowed the appeal ( they were really similar to mine). then the F.. HO office representative said that wouldn't allow it and then we said that the judge should it. Judge asked me if I had money to cover the period somewhere else where I replied by saying that I don't.
Then the Judge told us he'll send us the decision by post.

Can't tell what the decision will be but in the worst of the scenarios I am going to high court to fight - won't let this unfair system put me down.

Best.

I wish you all the best

[alexis2000]

Fantastic my appeal was dismissed by the judge grrrrrrr
Gotta see my lawyer on tuesday to try reappealing to the judge's determination. In the worst of the cases I'm getting my £2800 ready.

ps. received the letter after 7 days - how quick was that

This sucks folks!!

Alexis2000

Hi,

I'd like to quickly share my experience in court appealing against the HO decision for maintenance funds.
Got to court by 9.30, waited for 30 min and entered into the court room where I had about 4 appellants before me. i was there with my lawyer.
In the end was my case turn by around 2pm after one hour break. First the Judge; HO person and my lawyer made sure they had the same documents such as bank statements, after the began to identify which days i was below the 800 pounds and all agreed were only 2 days right at the beginning of the period. My lawyer said that i dropped down cause i had urgent bills to pay and if i had know that i needed the money every single day I could have paid after those 2 day hence avoid the gap then I said i was unaware of the guidance and misinterpreted it that was a naive technical error.
My lawyer said also that the 800 was a guidance and not a rule and the case worker should of had applied common sense when assessing my application. Also he showed examples of previous similar cases to mine where other judged had allowed the appeal ( they were really similar to mine). then the F.. HO office representative said that wouldn't allow it and then we said that the judge should it. Judge asked me if I had money to cover the period somewhere else where I replied by saying that I don't.
Then the Judge told us he'll send us the decision by post.

Can't tell what the decision will be but in the worst of the scenarios I am going to high court to fight - won't let this unfair system put me down.

Best.

[Diokpa]

Why don't you just go home and apply? If you have family back home who has got over £2800 in their account, just make them add you as joint account holder. The appeal process is just too long and stressful, if I knew it would take so long to get my visa....I would have just gone back home and reapplied. Just my thoughts.

[alexis2000]

did you appeal to the high court for reconsideration?

Why don't you just go home and apply? If you have family back home who has got over £2800 in their account, just make them add you as joint account holder. The appeal process is just too long and stressful, if I knew it would take so long to get my visa....I would have just gone back home and reapplied. Just my thoughts.

[inputsOnHSMP]

it is unfair to blame the rules when it is your own ignorance that results into such decisions. Who is to blame? you or the law? Please decide for yourself.
Enough time is given for people to understand the changes in the laws and if even then people commit such mistakes, they are responsible and no one else. The system is not unfair as far as my experiences are concerned.

[alexis2000]

To me the system is unfair if you have been here in this country for 8 years under different visas and now due to a naive technical error all your plans of settlement in the UK are gone because the HO case worker didn't apply discretionary on your visa application. HO has created a powerful mechanism of inmigration control which enables them reduce immigration by refusing visas. Good for them.

it is unfair to blame the rules when it is your own ignorance that results into such decisions. Who is to blame? you or the law? Please decide for yourself.
Enough time is given for people to understand the changes in the laws and if even then people commit such mistakes, they are responsible and no one else. The system is not unfair as far as my experiences are concerned.

[yasa]

To me the system is unfair if you have been here in this country for 8 years under different visas and now due to a naive technical error all your plans of settlement in the UK are gone because the HO case worker didn't apply discretionary on your visa application. HO has created a powerful mechanism of inmigration control which enables them reduce immigration by refusing visas. Good for them.

it is unfair to blame the rules when it is your own ignorance that results into such decisions. Who is to blame? you or the law? Please decide for yourself.
Enough time is given for people to understand the changes in the laws and if even then people commit such mistakes, they are responsible and no one else. The system is not unfair as far as my experiences are concerned.

This rule is implemented in late 2008 and everybody knows its the biggest reason of visa refusals..... So who is responsible U or Home office.... Haven't HO clearly defined it in their guidelines or u think they just enforced it straight away....

[yasa]

it is unfair to blame the rules when it is your own ignorance that results into such decisions. Who is to blame? you or the law? Please decide for yourself.
Enough time is given for people to understand the changes in the laws and if even then people commit such mistakes, they are responsible and no one else. The system is not unfair as far as my experiences are concerned.

U r spot on dude...

[alexis2000]

Do you know how long does the high court reconsideration process take?
Thanks dude.

it is unfair to blame the rules when it is your own ignorance that results into such decisions. Who is to blame? you or the law? Please decide for yourself.
Enough time is given for people to understand the changes in the laws and if even then people commit such mistakes, they are responsible and no one else. The system is not unfair as far as my experiences are concerned.

U r spot on dude...

[jack199]

Do you know how long does the high court reconsideration process take?
Thanks dude.

it is unfair to blame the rules when it is your own ignorance that results into such decisions. Who is to blame? you or the law? Please decide for yourself.
Enough time is given for people to understand the changes in the laws and if even then people commit such mistakes, they are responsible and no one else. The system is not unfair as far as my experiences are concerned.

U r spot on dude...

Its the same when you go thriugh the normal appeal process same timings but different people may experience different timings based on the Q

[THENDIST]

alexis2000 - on what basis are you planning to appeal the decision? I understand that the only criteria for appealing - and you have to convince the high court judge - is that the judge was wrong in interpreting the law and that there was a material error in law. What does your lawyer say about this - as far as success is concerned?

[alexis2000]

Well, first we are going to be applying for reconsideration to the AIT and if the senior judge accepts reconsidering it we must stress the fact that I've been in the UK for the last 8 years hence I have established roots and a life, and since all these new rules are quite recent there aren't many precedents hence this new senior judge could apply a more reasonable criteria/discretionary on my appeal (law hasn't been written. its all about judgment). On the other hand am aware that I can only reapply for a PSW visa until October 2009 since my degree was granted in October 2008 so I have to keep that in mind too. I'm a little concern about the future waiting times should be reconsideration is granted to review.
Has any one have experienced reconsideration here??
Thanks folks!!!

alexis2000 - on what basis are you planning to appeal the decision? I understand that the only criteria for appealing - and you have to convince the high court judge - is that the judge was wrong in interpreting the law and that there was a material error in law. What does your lawyer say about this - as far as success is concerned?

[manjit14]

I always advice everyone to go with a solicitor and one will be allright, in your case I am not sure why you blurted out that you made a 'naive mistake' and said even further that you misinterpreted the information, saying such a thing is such a silly statement to give before a judge, even though they are bored dead out of life, they still can see very clearly you were literally begging and do not have a leg to stand on, your solicitor was doing a fine job, had he not educated you properly!! and now you want to go to high court!! for what, this is just a PSW and you will get it eventually, so why waste anymore time and money here!! one thing I must tell you though, the timelines for applying from your home country will be longer than applying from UK, whoever says otherwise I would question him/her.

[meats]

Well, first we are going to be applying for reconsideration to the AIT and if the senior judge accepts reconsidering it we must stress the fact that I've been in the UK for the last 8 years hence I have established roots and a life, and since all these new rules are quite recent there aren't many precedents hence this new senior judge could apply a more reasonable criteria/discretionary on my appeal (law hasn't been written. its all about judgment). On the other hand am aware that I can only reapply for a PSW visa until October 2009 since my degree was granted in October 2008 so I have to keep that in mind too. I'm a little concern about the future waiting times should be reconsideration is granted to review.
Has any one have experienced reconsideration here??
Thanks folks!!!

alexis2000 - on what basis are you planning to appeal the decision? I understand that the only criteria for appealing - and you have to convince the high court judge - is that the judge was wrong in interpreting the law and that there was a material error in law. What does your lawyer say about this - as far as success is concerned?

Ignorance is no defence. You breached the laws, you were turned down. Go home and apply again.

[alexis2000]

Well, first we are going to be applying for reconsideration to the AIT and if the senior judge accepts reconsidering it we must stress the fact that I've been in the UK for the last 8 years hence I have established roots and a life, and since all these new rules are quite recent there aren't many precedents hence this new senior judge could apply a more reasonable criteria/discretionary on my appeal (law hasn't been written. its all about judgment). On the other hand am aware that I can only reapply for a PSW visa until October 2009 since my degree was granted in October 2008 so I have to keep that in mind too. I'm a little concern about the future waiting times should be reconsideration is granted to review.
Has any one have experienced reconsideration here??
Thanks folks!!!

alexis2000 - on what basis are you planning to appeal the decision? I understand that the only criteria for appealing - and you have to convince the high court judge - is that the judge was wrong in interpreting the law and that there was a material error in law. What does your lawyer say about this - as far as success is concerned?

Ignorance is no defence. You breached the laws, you were turned down. Go home and apply again.

[zarikashif]

i agree with the other guys that you should apply from the home country but there is one problem after two years when u will apply for indefinate after 10 years because there must be no gap in your last 10 years .i advice you to maintain account in your home country 0f 2800 pound and in the mean while go to court with your solicitor but you should wel prepare for that .my appeal was of 800pound and i went alone in the court and won it but it depends upon your luck and your confidence

[tuhadda_fuffar]

Hi,

I'd like to quickly share my experience in court appealing against the HO decision for maintenance funds.


Best.

Alexis..... why don’t you put ur name as a joint account holder with your parents account back home? The judge clearly asked you, as per your statement, that if you had money somewhere else during this time. You can show him this evidence. get an affidavit of support from your joint account holder (that he does not have any objection if you use this money in the manner you want to ) and the bank statements and apply for reconsideration. Otherwise its no point reapplying. If you are arranging £2800 back home, get those documents if you wish to apply from UK. Finally, you can add up multiple account balances to meet £800 requirement!!!! Good luck.

[alexis2000]

I inquired about that option too but banks in my home country do not permit add holders their bank accounts. I'm organizing the 2,800 sterling from now really thinking ahead.

Anyone has experienced reconsideration or high court appeal?

Thanks guys!!

A

Hi,

I'd like to quickly share my experience in court appealing against the HO decision for maintenance funds.


Best.

Alexis..... why don’t you put ur name as a joint account holder with your parents account back home? The judge clearly asked you, as per your statement, that if you had money somewhere else during this time. You can show him this evidence. get an affidavit of support from your joint account holder (that he does not have any objection if you use this money in the manner you want to ) and the bank statements and apply for reconsideration. Otherwise its no point reapplying. If you are arranging £2800 back home, get those documents if you wish to apply from UK. Finally, you can add up multiple account balances to meet £800 requirement!!!! Good luck.

[tuhadda_fuffar]

This is very unusual what your bank in home country has said!! You just need to fill up a form as a joint account holder signed by you and other account holder and send it to the bank. Its a very simple task in India and takes just as much time as to fillup the form!!

[alexis2000]

That's possible but I'd have to be there to do it - can't be done outside the country...little prob.

This is very unusual what your bank in home country has said!! You just need to fill up a form as a joint account holder signed by you and other account holder and send it to the bank. Its a very simple task in India and takes just as much time as to fillup the form!!