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Maintence Rules Case Law

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

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reddit
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Joined: Sat Oct 24, 2009 11:36 am

Maintence Rules Case Law

Post by reddit » Sat Oct 24, 2009 11:41 am

Hello Everyone,

I had applied for PSW over a year ago.

Lots of drama involved with the college degree being called into suspicion, and also my maintence funds.

Everything is clear now except for the maintence funds.

I know alot of people here have had there appeals allowed with regards to their maintence funds being called into account.

Is there any CASE LAW out there that I can use to fight my case? I have never had a job in the UK, never took money from the government or anything like that but for 3 months I was a bit tight with funds and never thought the damn maintence rule would be applied so strictly.

I now have the 75 points that I need I just need to get the maintence fund issue cleared now.

PLEASE PLEASE if you have appealed and won under the maintence rule please provide me with case law and what argument you used.

Your help in this matter would be greatly appreciated!!!

vinny
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Post by vinny » Sat Oct 24, 2009 11:59 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

reddit
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Joined: Sat Oct 24, 2009 11:36 am

Post by reddit » Sat Oct 24, 2009 12:21 pm

thanks for the reply vinny.

The two articles seem to be contradicting each other though:

Is the current July one good law or the fact that they lost the MAY case more relevant? So many damn decisions being thrown out there you dont really know what to do.

But as the case is still at immigration tribunals previous decisions are only persuasive so anything in my favour would help. If you could point out any point law where the appeal was allowed for the student it would be great.

vinata
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Joined: Wed May 20, 2009 1:27 pm

Post by vinata » Sat Oct 24, 2009 3:40 pm

Current immigration unreported and reported determinations could be found here

http://www.ait.gov.uk/CaseLaw/caseLaw.htm

You can search the database of AIT by entering the date into the search engine. It could be any date. So, if you enter 01/04/09, you will be given all cases which were decided 7 weeks prior to that date and 7 weeks after that date. You can then go through all the cases with IA (immigration appeal) reference. If you find a case similar to yours, read it and make a note of the outcome. If the determination is favourable, then you can rely on it in your own case.

Good luck.

reddit
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Posts: 12
Joined: Sat Oct 24, 2009 11:36 am

Post by reddit » Sat Oct 24, 2009 4:56 pm

vinata wrote:Current immigration unreported and reported determinations could be found here

http://www.ait.gov.uk/CaseLaw/caseLaw.htm

You can search the database of AIT by entering the date into the search engine. It could be any date. So, if you enter 01/04/09, you will be given all cases which were decided 7 weeks prior to that date and 7 weeks after that date. You can then go through all the cases with IA (immigration appeal) reference. If you find a case similar to yours, read it and make a note of the outcome. If the determination is favourable, then you can rely on it in your own case.

Good luck.
thank you for that, it is quite confusing though as all those appeals seem to be from out of country. Or is that country based on the nationality of the person applying.

Whilst I thank you for your help, I hope that someone could point out some direct cases instead of me having to search and read through all of them, I know there are some learned members here who have already been through this.

Thanks again everyone.

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