ho appealed against the court decision to grant my appeal

[bussi]

Hello

[psychic]

My visa application(applied jan 29) was rejected on the same grounds. However in my case the senatus had approved my degree. I have sent my passport on the 11th of June to the HO to get my visa. For timelines please read my thread.

However my personal oppinion on this case is that dont waste your time appealing further in country since your degree was not approved at the time of visa application. Ofcourse if you have the luxury of time and money and do not wish to leave this country you can continue as long as possible.

[bussi]

dont kno how long this takes.

thanks

[psychic]

i am not the one appealing. it is the home office appealin against the decision of the court to grant my visa.

dont kno how long this takes.

thanks

By appealing I meant the process, you have to spend more time irrespective of who appeals right??

I am again reiterating, from what you told, your case looks to be in HO's favour, if you have time and money to spend while doing nothing usefull in life, you can continue with the appeal.

[bussi]

i have a good job at present nd have nothin to lose...why do u think it ll favor the HO..why were they not favoured the first time.

[psychic]

i have a good job at present nd have nothin to lose...why do u think it ll favor the HO..why were they not favoured the first time. am concerned cos of my wedding plans...anyways finger crossed. peace

Well if you took some time to read my first post carefully you would have known the answer.

However my personal oppinion on this case is that dont waste your time appealing further in country since your degree was not approved at the time of visa application.

Or in other words, you dont qualify for 20 points under section 245Z because your degree was not approved by the senatus at the time of visa application.

[bussi]

the judge identified this earlier but said the reason for mr winnin was bcos my course end date was extended by 5 months which was not my fault as written by the school to the home office.

i wasnt given a chance to extend my visa as my result was to be out a day after visa expiry nd the system does not give room to those awaitin results.

since, i meant the other criterias without a doubt the appeal was then allowed.


However, the court turns everyside of a coin.

thanks

[ash786]

Hello,

Am in a difficult situation, i applied for psw in febraury nd was refused because my sch had not finalized my degree although it was verified before the decision was made and a copy of the result was sent to them.

i was given an opportunity to appeal, which i did nd it was granted in April. have been waiting for a call letter to get my visa stamped.

having waited so long i called the ait where i was told the ho appealed against my won appeal.

now, i dont kno what my fate is.
pls anyone wit similar experience or any ideas?

thanks

1. So hav u got the final results or the degree now?

[bussi]

yes dear i have

infact it was sent to the ho immediately it was approved by the exam board.

this was done before they decided on the application. they acknowledge they received it.


hope u understand the case better.

[ash786]

yes dear i have

infact it was sent to the ho immediately it was approved by the exam board.

this was done before they decided on the application. they acknowledge they received it.

That was part of the reason why the judge said the situation was not fair but neither i nor the ho is to be blamed because the point base system is firm. it doesnt allow for discretion but since they already have the result at their disposal before sitting on my visa application their decision was bias.

hope u understand the case better.

1. Well if HO have appealed against the court decision then i think u shud defend u case as u won it before and have the degree so u shud win the appeal.

[psychic]

this was done before they decided on the application. they acknowledge they received it.

That was part of the reason why the judge said the situation was not fair but neither i nor the ho is to be blamed because the point base system is firm. it doesnt allow for discretion but since they already have the result at their disposal before sitting on my visa application their decision was bias.

Did the HO specifically say that they received your degree evidence or are you assuming that since they sent you an acknowledgement, they must have received before deciding? Because HO is not run by a single person and the person sending the ackowledgement need not necessarily be your case worker.

Based on your second paragraph, if neither of you are at fault, why do you expect that HO would accept a ruling against them. Points based system was created to make the descision process quicker and to make sure the application is strictly processed under rules and not under the discretion of the case worker. Theoretically every appeal desision against the HO would result in a black mark against the HO/case worker.

So if the rules say clearly that you were not eligible to be awarded the PSW at the time of application, HO will appeal against it till the highest court unless you have solid evidence to prove that the case worker received your degree evidence before taking the desision which I highly doubt based on your replies.

Dont think I am being harsh against you, I am trying to help you to make the correct desision asap. Till you get PSW you cant take up permanent work and if you are going to waste a lot of time in this process, wont it put a hole in your CV??

[bussi]

nnnnnnnnnnn

[bussi]

u should ask questions before concluding.


they stated they received my degree certificate in the refusal letter nd posted it back together with it. that was why i appealed

[psychic]

my friend, i saw ur previous post. u re not a saint in this issue too.

You need to explain what you mean by this for the conversation to proceed further.

to clear ur doubts, it was stated in my refusal letter. that my results were received. thats why the court did not rule in their favor nd dont forget the court is not run by one person too.

Did you tell this earlier?? And how has you pointing out that the court is run by more person contributing anything to your arguement??

a trainee biomedical scientist. i kno wat am talkin about. u need to read my post clearly nd stop being antagonistic.

i have told u my reasons of worry. i neva told u about cv nor work related problem. i kno u re tryin to help but u make no sense to me.

rather u should ask questions before concluding.

i kno the rules too nd there re always loophole in each system. the ho policy is not an exception. the court rules at the end.

they stated they received my degree certificate in the refusal letter nd posted it back together with it. that was why i appealed

For somone about to become a scientist, your language skills are pretty poor tbh(wonder how your reports will be). If you read through the post you explained nothing in your first post and gave details only after questions were raised.
There is a difference between stating there is always a loophole in the system and actually proving there is one.
Stating they received your degree does not necessarily mean they received before the desision was made.

Finally, I clearly stated the reasons for my stance on your case in my previous post, even after that if you are going to tell that I am being an antagonist, it is not the right way to ask for help at forums.

[bussi]

take ur help next door.

[psychic]

take ur help next door.

Thanks.


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