IN ACCORDANCE OF PANKINA JUDGEMENT----HELP NEED?

[HND STUDENT]

my student extension was refused for maintainence fund in may/2010.my appeal hairing in september/2010.i want to consider my application in accordence with pankina judgement.but i am confused about process for consideration.should i fill up any particular application form or just a letter explaining about my refusal.my maintainence fund related with my recent academic progress which i mentioned my appeal form.my question is should i send my orginal accademic certificate and orginal bank statement[which i did not submit my application for extension but need to show in appeal court for satisfy my maintainence fund].i dont know how long it will take for re consideration when my appeal only 40 days left.i would be grateful if any body advice me what should i do now should i send all orginal document to home office for review or hold it for appel hairing. please advice.

[geriatrix]

Your application will be reviewed only if it was refused on maintenance funds requirements (only), and no other reason.

You'll need to write a cover letter requesting a review and explaining the details of the previous application (e.g. - name, dob, passport no., nationality, application reference number, reason for refusal, details of appeal etc.). You'll also need to include evidence that you had held the required level of funds (for self or for the entire family, as the case may be) at the closing balance on any one day during the one month period prior to the date of application.

Reading this document will help, in particular para 21, 22 and 23.


regards

[HND STUDENT]

Thanks for your reply.i need to show 2 document that date of application(extension) I had enough fund for maintainance .I want to know that should I send all original document to ukba for review or I should keep my orginal document for appeal hairing which only 40 days left?i would be grateful for your advice.thanks.

[geriatrix]

Make an effort to read the document to ascertain what will happen to your appeal if you request for a review and what document is being requested at the time of review.

This said, shouldn't be a problem to request the bank to issue you two statements - one for sending to UKBA and one for use at appeal hearing?


regards

[HND STUDENT]

Thanks sushdmetha for your reply .yes I can order for another statement but what about my recent accademic transcript which was related my refusal.please advice me.many thanks.

[geriatrix]

If your refusal was based on any other additional requirement (other than maintenance funds) not being met, then you cannot request for a review.

Please spell out the exact reason(s) of your refusal as communicated to you in the refusal letter.


regards

[HND STUDENT]

thanks sushdmetha for ypur reply.i am going to type exectly my refusal letter:
maintenance(funds)
points claimed point awarded
10 0

you previously had leave as a student and have provided documents to show that you last completed a course of study on 16 december 2008 at londond college of accounting.we were also notified by the college of accounting in october 2009 that you were expelled from the college for non attendance.
therefore evidence shows that you have not completed a course of six months or more in length within 4 months of starting your new course of study

as you are studying inside of inner-london you would need to show that you:

have the required funds to cover the total course fee as course is 12 months or less

have the required fund of £800 per month for 9 months yourself.

therefore,you would have to prove that you have the required maintenance fees of £7200 plus any outstanding courses fees for the first years of your course.
your course fees are £2500 for the first year of your course and you have paid £1500 towards this fee.

as the closins balance in your accounts dated 01,05 and 17 march 2010 states that you are in possession of £1039.90,£2236.95 and £967.54 respectively you have not demonstrated that you have the level of funds required to be granted as a tier 4 student migrant ,therfore:


no points awarded for maintenance

[geriatrix]

Outstanding course fee = 1000
Maintenance funds = 800*9 = 7200 (6400 for 8 months)
Total = 8200 (or 7400)

Did you have 8200/7400 on any day in your account? If not, IMHO, you cannot request a review.


regards

[HND STUDENT]

thanks sushdmetha for ypur reply.i am going to type exectly my refusal letter:
maintenance(funds)
points claimed point awarded
10 0

you previously had leave as a student and have provided documents to show that you last completed a course of study on 16 december 2008 at londond college of accounting.we were also notified by the college of accounting in october 2009 that you were expelled from the college for non attendance.
therefore evidence shows that you have not completed a course of six months or more in length within 4 months of starting your new course of study

as you are studying inside of inner-london you would need to show that you:

have the required funds to cover the total course fee as course is 12 months or less

have the required fund of £800 per month for 9 months yourself.

therefore,you would have to prove that you have the required maintenance fees of £7200 plus any outstanding courses fees for the first years of your course.
your course fees are £2500 for the first year of your course and you have paid £1500 towards this fee.

as the closins balance in your accounts dated 01,05 and 17 march 2010 states that you are in possession of £1039.90,£2236.95 and £967.54 respectively you have not demonstrated that you have the level of funds required to be granted as a tier 4 student migrant ,therfore:


no points awarded for maintenance

Really I did not know about this expell I finished my course successfully under this college.but unfortunately I was not able to send with my main application for college adminstration reason.i finished my study within four months before new course of study so obiously ukba calculate wrong amount of money.i mentioned my appeal form about this matter. Now should I send this accademic trnscript to ukba for review or should I keep this orginal transcript for my appeal hairing.i would be grateful for advice me about this matter.thanks

[geriatrix]

When the course is over and you have passed, what was the basis of your extension application? If you have completed the course, why does UKBA claim that they have conformation from your college that you were expelled within 4 months and also have outstanding tution fee of 1000 quids?

Anyhow, if UKBA's claim that you were expelled from college is untrue and you have documentary evidence to prove them wrong - and therefore were, supposedly, not required to show maintenance funds for 8/9 months - then IMHO you'll be better off with the appeal route rather than (Pankina) review route.

regards

[HND STUDENT]

Thanks sushdmetha for your reply.Really I didnt know about expell but I finished my course successfuly under this college within four months before new course of study.unfortunately I was not able to send this transcript with my application for college admin reason.i mentioned this matter in my appeal form.so obiously ukba calculate wrong amount of money.because ukba did not recieve recent transcript with my application.please advise me should I send this transcript to ukba for review or keep for appeal hairing. I should mention that I had £9000 as well when I made application.i would be grateful for youre advice.thanks

[geriatrix]

Given the confusion I would suggest (personal opinion) that you wait for your appeal hearing to prove UKBA's claims wrong - in front of a judge. You'll probably get a decision faster this way.


regards

[viskhj]

Could someone please let me know that when requesting for the review could we send the Bank statement to include as a evidence as I only attached my Last month salary slip instead of bank statement, As they have written that You can not include any new evidence to score points, they have mentioned the word demonstrate,
I believe that since I sent the salary slip it proves that I had sufficent funds in the previous month of my application at least for the one day
Do they consider Original Salary slip as the evidence?

Many thanks
Vidyadhar

[geriatrix]

Could someone please let me know that when requesting for the review could we send the Bank statement to include as a evidence as I only attached my Last month salary slip instead of bank statement, As they have written that You can not include any new evidence to score points, they have mentioned the word demonstrate,
I believe that since I sent the salary slip it proves that I had sufficent funds in the previous month of my application at least for the one day
Do they consider Original Salary slip as the evidence?

Many thanks
Vidyadhar

Salary slip is evidence of income / earnings and not an evidence of available funds .. a bank statement is!


regards