URGENT APPEAL ENQUIRIES

joxiri · Post by **joxiri** » Mon Mar 15, 2010 4:04 pm

HELLO ALL
I have just been for my appeal today for PSW and I did not get the decision today, I was under the assumption I will have the decision on the day of the appeal, has this happened to anyone, is this a posotove implication.
Secondly I was also under the assumption that there will be a legal representative (lawyer) from the home office at the appeal, however there was none , Just the tribunal judge and I
House please what are the bearings and implications of all this
thank you

arsenal49 · Post by **arsenal49** » Mon Mar 15, 2010 8:41 pm

well, did you manage to get your point across? do you know why they havent made decision yet? what where you appealing about......

too little info provided...

joxiri · Post by **joxiri** » Tue Mar 16, 2010 11:13 am

the judge seemed to have done his homework on my case
i did get my points across because it was a one on one and he acknowledge the fact the drop in funds wasnt entirely my fault
but at the same time he said the law is the law an he has very little or no power in overturning the decision
but he will have a look at it and come to a decsion with in a week

arsenal49 · Post by **arsenal49** » Tue Mar 16, 2010 11:23 am

i guess, he is not certain about your case hence he needs more time as he doesnt want to haste his decision. This must mean, he is inclining towards allowing your appeal but need to find room in the law to allow him to do that.

if he was totally convinced, he would have declined it straight away(easier decision for him) so i guess u need to sit tight and wait for his decision.

all the best

regards

joxiri · Post by **joxiri** » Tue Mar 16, 2010 12:42 pm

thats a valid point you ve made
if it doesnt go well atleast i know i gave it my all
thanks arsenal
keep up the good work here

joxiri · Post by **joxiri** » Wed Mar 17, 2010 5:00 pm

Any more info will be quite helpful
thank you

joxiri · Post by **joxiri** » Mon Mar 22, 2010 12:19 pm

its been 7 days now and I have not heard anything form the AIT yet
will their decision definetly come in the post and why is it taking this long
the waiting is unbearable

joxiri · Post by **joxiri** » Wed Mar 24, 2010 1:48 pm

I received my rejection from AIT today, however the judge is urging me to appeal to the higher quoting him
the secretary of state has a discretion when deciding to enforce my decision in this case and further whether to require the appellant to leave the United kingdom. I encourage the secretary of state to take into account the views I have expressed in this determination that having regard to the small amount(4.28 between 1-3 september and Â£3.63 between 7-9 september) by which the appellant fell short of Â£800 figure and for quite brief periods of the shortfall this may well be such a case where discretion can properly be exercised

he goes on further to say taking these matters together appeal fails. the decision of the home office was in accordance with the law

I dont really understand the 1st part of his concluding remarks please can someone shed more light on it
thank you

arsenal49 · Post by **arsenal49** » Thu Mar 25, 2010 1:47 pm

joxiri wrote:I received my rejection from AIT today, however the judge is urging me to appeal to the higher quoting him
the secretary of state has a discretion when deciding to enforce my decision in this case and further whether to require the appellant to leave the United kingdom. I encourage the secretary of state to take into account the views I have expressed in this determination that having regard to the small amount(4.28 between 1-3 september and Â£3.63 between 7-9 september) by which the appellant fell short of Â£800 figure and for quite brief periods of the shortfall this may well be such a case where discretion can properly be exercised

he goes on further to say taking these matters together appeal fails. the decision of the home office was in accordance with the law

I dont really understand the 1st part of his concluding remarks please can someone shed more light on it
thank you

He is saying that HO was right to refuse you application because you fell short of the requirement by a very small amount.

However, he is urging judge who would be looking at your app in High court to use a discretion in your favour. I get the feeling, it is something only high court can do i.e. use discretion, and out of the current judge's hand.

Appeal the decision again at your earliest really as you dont have any other option.

The alternative will be to go back home country and submit new application satisfying all the requirements. mind you, it will be 2800 pounds that you have to show in maintenance.

Dont hesitate to ask any more questions here...

regards

joxiri · Post by **joxiri** » Thu Mar 25, 2010 3:46 pm

yea arsenal
but thats the thing he is slightly contradicting himself cos if he is urging the judge to use some discretion why didnt he do it himself because he is a judge as well
the high cout judge will most likely think if this judge didnt over turn it then why should I
I think I will just go back to and make a new application I have lst 6 months already to this appeal process only God knows how long the next one will be

arsenal49 · Post by **arsenal49** » Thu Mar 25, 2010 8:25 pm

The safest way is to make a new application. Just be very sure about the requirements when applying from out of country.

Also, keep evidence of when you left country(UK) handy i.e. air ticket etc. as you might want to attach it with new application.

Regarding judge's decision, well this judge makes ruling based on the laws/framework available to him. If your case is getting heard in HIGH court than the judge will have more options/privilidges available to him due to his sceniority and all. All these judges are working within certain framework and as he suggested about the possibility of use of discretion in your favour. It might be possible that it is something that can only be done by judges presiding in high court. Hope you see my point.

But if you can make a fresh application from home than thats a risk-free way to do it.

Another guy on this forum was unsuccessfull with his first psw application and he went home after appeal was also turned down. He satisfied all the requirements of psw but was deemed to have overstayed since UKBA turned down his original application. they didnt take into account the fact that he was staying beyond the leave printed on his passport because of pending appeal in UK.

You might want to contact HO and get something in written from them which you can use as a proof to show that you stayed here in UK for your pending appeal and should not be punished for that.

all the best

Regards

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URGENT APPEAL ENQUIRIES

URGENT APPEAL ENQUIRIES