Complex and uniquest problem regarding HSMP

[Querier]

I came to Uk on student visa in 2007 with a masters degree from back home and got admsission in a self awarding college.My husband came here as my dependant.I completed PGD and by end of 2008 applied for PSW.Both of us worked hard and established business.On 7th Oct 2010 i applied for HSMP (PSW expiry date was 8/10/2010).Here two problems started.

1) Our first daughter was born on 1st October 2010 and I stayed hospital till 5 th Oct 2010 and filled form in real haste and didn't mentioned our daughter as we though we got no documents to prove.Please note she was born two days before we have to post application.
On 10 Dec 2010 we recieved our refusal letter saying that PGD's are not acceptable any more and right of appeal was awarded.

We hired a solicitor and told him that i had Masters from institution from back home plus EDEXCEL BTEC advanced professional diploma in management by London college of advanced studies other then PGD.

Secondly told him that our baby was not mentioned in our forms.

He advised us

a) Application date is key not the decsion date so we will contest on PGD and we don't have to show BTEC diploma or Masters degree.
b) We don't need to mention baby as she is not an issue before judge so get you issue sorted then apply for your daughter once you got HSMP.
COURT DECISION OF AIT TRIBUNAL 1
Judge promptly refused my case with 10-15 mins proceed saying that decision date is key.
Our barristor as decided didn't mention our daughter though he mentioned section 8 of ECHR (or something) of family and private life.

Now just waiting for written decision.As our present solicitor is talking I don't trust him much and searching for reliable solicitor.Now I have FEW questions before we go for appeal in upper chamber.

1) Is UKBA and judge are right in refusing to accept PGD from a self awarding institute when previously that was entitled for PSW.
2) What chance BTEC advance professional diploma in management stands to get required 30 points as because of short notice I could not do English language.
3) Are judges from Upper tribunal are obliged to accept these qualifications.
4) Last but most important do you agree with what my solicitor advised on issue of my daughter or you think I should tell judges in upper tribunal that we have a british born daughter although we still got only birth certificate and no other documents as our embassy register her but refuse to give her passport because our passport is still with UKBA.
Quite new to country and only dealing with UKBA second time after PSW and quite worried as we are well settled here in last 3 years and were looking forward to be permanently settle in UK,BUT everything get jeopardised.PLEASE HELP. Really appreciate everyone who can give us a sincere advise.

[ChetanOjha]

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