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PWS refused on the basis of electr statement and letter uni

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

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potterbond007
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Re: I got a response on my appeal

Post by potterbond007 » Fri Apr 30, 2010 8:55 pm

lala2312 wrote:Hi Guys,

Just an update on the proceedings of my appeal. So as mentioned earlier my appeal was 2 days ago which was the 27th of April, I have just received the out ome of my appeal. It reads:

Considerations and findings

I have carefully considered the letter from the university which was submitted to the Respondent with the Appellant's application. The letter was dated 26 November 2009. Although the letter reffered to recommendation for the award, it clearly stated in the last sentence of the second paragraph that after 21 December the Appellant would be entitled to receive a certificate to confirm the award. The appeallant did receive the diploma on the 21 of December 2009. Therefore, I was satisfied that the appeallant was entitled to receive the points that she had claimed.

As regards the bank statements, the Appeallant did provide originals at the hearing which I compared with the copy statements in the bundle and the Respondent's bundle. The bank satements clearly showed that the appeallant had in excess of #800 from the 29 September 2009 until 31 December 2009, and beyond. I therefore find that the Appeallant was entitled to 10 points for maintenance.

On the evidence before me, I find that the appeallant has established on a balance of probabilities that she satisfied the requirements of the rules on the date of the Respondent's decision. Applying the law to the establish facts, I find that the Respondent's decision was not in accordance with the law and the applicable immigration rules. This appeal is allowed in respect of the immigration rules.

The Appeallant has not claimed that any rights protected under the 1950 convention have been breached. I am nevertheless required to consider whether the appealllant's claim engages any such rights. I find, on the facts as I have found them to be, that it does not.

DECISION.

The appeal is dismissed in respect of immigration rules.

Can anyone explain to me what they mean by this, please? Appeal allowed and appeal dismissed. Is this just an error?

Many thanks....
I think that there has been an error here. The appeal has clearly been accepted from whatever the judge has written. He has probably been dismissing a lot of appeals and out of habit has written the same on your form. Or maybe he just cant bring himself to accept that this appeal has been successful. I think that you should probably call the tribunal and inform them about this error or ask them what the final outcome is since this letter from the tribunal makes no sense.. Where was your appeal heard?

lala2312
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Post by lala2312 » Fri Apr 30, 2010 9:28 pm

It was held at Taylor house. I assume that after accepting that the home office made an error and I have met the immigration requirements it should be allowed. I would definitely call them on Tuesday as Monday is a bank holiday and find out what he means.

potterbond007
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Post by potterbond007 » Sat May 01, 2010 8:41 am

lala2312 wrote:It was held at Taylor house. I assume that after accepting that the home office made an error and I have met the immigration requirements it should be allowed. I would definitely call them on Tuesday as Monday is a bank holiday and find out what he means.
yeah.. do that and let us know how it goes.. cheerio..

lala2312
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Posts: 26
Joined: Wed Feb 17, 2010 11:27 pm

Post by lala2312 » Tue May 04, 2010 4:03 pm

Hi Guys,

I have contacted AIT in regards to my case but was told that there was nothing they could do for me until 10 days when they would have had the time to review my intial determination to determine if it was an error or not. My question is this, since I have just 5 days to appeal further I am a bit worried that by the time they get back to me I would not be able to do this. Has anyone been in a similar situation, if yes how was it resolved?

Looking forward to your contributions.


Many thanks.

lala2312
Newly Registered
Posts: 26
Joined: Wed Feb 17, 2010 11:27 pm

Post by lala2312 » Thu May 13, 2010 4:59 pm

Hi Guys,

I would like to say thank you to everyone who gave their advice on my case. You are all appreciated. Now the good news; the tribunal has rectified the error on my determination, my appeal is now allowed.

Just a quick question, how long would I have to wait before I am contacted by the home office for my passport to be stamped?

Thanks...

potterbond007
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Posts: 479
Joined: Fri May 29, 2009 3:37 am
Location: Somewhere.....
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Post by potterbond007 » Thu May 13, 2010 6:35 pm

lala2312 wrote:Hi Guys,

I would like to say thank you to everyone who gave their advice on my case. You are all appreciated. Now the good news; the tribunal has rectified the error on my determination, my appeal is now allowed.

Just a quick question, how long would I have to wait before I am contacted by the home office for my passport to be stamped?

Thanks...
in short... a long time.. there is no fixed time limit for when they will ask for your passport.. should take more than 3 months.. you can follow similar cases on this forum and check up on when their passport was requested by the home office..

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