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Good luckalexis2000 wrote: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 bestalexis2000 wrote: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.
alexis2000 wrote: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 wrote: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 wrote: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....alexis2000 wrote: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.
inputsOnHSMP wrote: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...inputsOnHSMP wrote: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 wrote:U r spot on dude...inputsOnHSMP wrote: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.
Its the same when you go thriugh the normal appeal process same timings but different people may experience different timings based on the Qalexis2000 wrote:Do you know how long does the high court reconsideration process take?
Thanks dude.
yasa wrote:U r spot on dude...inputsOnHSMP wrote: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.
THENDIST wrote: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 wrote: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!!!
THENDIST wrote: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?
meats wrote:Ignorance is no defence. You breached the laws, you were turned down. Go home and apply again.alexis2000 wrote: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!!!
THENDIST wrote: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?
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 wrote:Hi,
I'd like to quickly share my experience in court appealing against the HO decision for maintenance funds.
Best.
tuhadda_fuffar wrote: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 wrote:Hi,
I'd like to quickly share my experience in court appealing against the HO decision for maintenance funds.
Best.
tuhadda_fuffar wrote: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!!