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I find that there was no material error of law in the determination of the Immigration Judge. I have considered the terms of the Rules. It is quite clear that what is required in order to obtain points in the post-study work category is for the applicant to have a United Kingdom recognised degree, at Bachelor, Master or PhD level or one of the various other qualifications set out in Appendix A. The appellant did not have a degree at Bachelor, Master or PhD level. The argument that because the qualification is awarded by a UK recognised body and that the ACCA is a body which is found on the DIUS website and is therefore a recognised body is wrong. It does not follow that the fact that degree awarding bodies are found on the website that every body on that website is entitled to issue a degree. That is a non-sequitur.
mashalla Congrats buddy.. really happy for you.. please pray for us aswell because ours hearing aswell in few weeks time..khansforpeace wrote:Hi Everyone,
I applied in March, Did biometrics in May, and got refusal in Sept.
The hearing was 2 weeks ago.
Recieved the decision yesterday.
Decision: Appeal Allowed.
Thank You ALLAH for Your Kind Blessings.
Now waiting for UKBA`s response, if they appeal against this decision in Upper Tribunal, then it will take long to know, otherwise they will contact me to submit my passport and will grant me Visa InshALLAH.
Normally I dont visit here much but I will update you guys as soon as any progress comes in.
http://webarchive.nationalarchives.gov. ... roduction/Greenie wrote:How exactly do you think the definition of a UK recognised bachelor degree in para 6 of the rules helps a person wanting to claim that ACCA fundamental papers are a UK recognised bachelor degree?
degree level study" means a course which leads to a recognised United Kingdom degree at bachelor's level or above, or an equivalent qualification at level 6 or above of the revised National Qualifications Framework, or levels 9 or above of the Scottish Credit and Qualifications Framework.
http://www.legislation.gov.uk/ukpga/198 ... ed-degrees"a UK Bachelors degree" means
(a) A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level; or
(b) A programme of study or research, which leads to a recognised award for the purposes of section 214(2)(c) of the Education Reform Act 1988, of a qualification designated by the awarding institution to be of Bachelors degree level.
I personally don't see how that part of the immigration rules means PSW should be given to people with an ACCA qualification.214 Unrecognised degrees.
(1)Any person who, in the course of business, grants, offers to grant or issues any invitation relating to any award—
(a)which may reasonably be taken to be an award granted or to be granted by a United Kingdom institution; and
(b)which either—
(i)is described as a degree; or
(ii)purports to confer on its holder the right to the title of bachelor, master or doctor and may reasonably be taken to be a degree;shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2)Subsection (1) above does not apply as respects anything done in relation to any recognised award; and for the purposes of this section a “recognised award” means—
(a)any award granted or to be granted by a university, college or other body which is authorised by Royal Charter or [F1by or under]Act of Parliament to grant degrees;
(b)any award granted or to be granted by any body for the time being permitted by any body falling within paragraph (a) above to act on its behalf in the granting of degrees; or
(c)such other award as the Secretary of State may by order designate as a recognised award for the purposes of this section.
ACCA's Royal Charter doesn't authorise it to award degrees, and there hasn't been an Act of Parliament to give ACCA degree awarding powers either.NAHID wrote:A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level;
you need to read the definition at least 10 or more times before you get the actual meaning of the definition.
and even if you dont get it then I dont know you have try hard until you get it.
there is no need for me to read it 10 times, the definition is clear and it is clear to me that ACCA fundamental papers are not a UK recognised bachelors degree. If you had to read it 10 times and 'try hard' until you get the meaning of the definition in order to come to the opposite conclusion, then perhaps that might suggest that you are mistaken.NAHID wrote:A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level;
you need to read the definition at least 10 or more times before you get the actual meaning of the definition.
and even if you dont get it then I dont know you have try hard until you get it.
NAHID wrote:guru stated......." UK Recognised Bachelor Degree" is there any such word in the definition of the Bachelor degree. I do not see anything in the definition you have posted.
I know its not easy to get the real interpretation and understand the real beauty of the contraction of the definition. I salute the drafter of the definition. whoever s/he is they are really great and had consider it very widely. I am sorry for those who could not get it.
I'll repeat myself then.PaperPusher wrote:ACCA's Royal Charter doesn't authorise it to award degrees, and there hasn't been an Act of Parliament to give ACCA degree awarding powers either.NAHID wrote:A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level;
you need to read the definition at least 10 or more times before you get the actual meaning of the definition.
and even if you dont get it then I dont know you have try hard until you get it.
Guys I have recieved a letter that UKBA has re-appealed to Upper-Tribunal against the decision of First-Tier Tribunal in my case. Now waiting for another letter to know the date of hearing, but I think it takes longer to appear in UT, so lets hope for the best.khansforpeace wrote:Hi Everyone,
I applied in March, Did biometrics in May, and got refusal in Sept.
The hearing was 2 weeks ago.
Recieved the decision yesterday.
Decision: Appeal Allowed.
Thank You ALLAH for Your Kind Blessings.
Now waiting for UKBA`s response, if they appeal against this decision in Upper Tribunal, then it will take long to know, otherwise they will contact me to submit my passport and will grant me Visa InshALLAH.
Normally I dont visit here much but I will update you guys as soon as any progress comes in.
thanks hassan sb.hassan5805 wrote:mashalla Congrats buddy.. really happy for you.. please pray for us aswell because ours hearing aswell in few weeks time..khansforpeace wrote:Hi Everyone,
I applied in March, Did biometrics in May, and got refusal in Sept.
The hearing was 2 weeks ago.
Recieved the decision yesterday.
Decision: Appeal Allowed.
Thank You ALLAH for Your Kind Blessings.
Now waiting for UKBA`s response, if they appeal against this decision in Upper Tribunal, then it will take long to know, otherwise they will contact me to submit my passport and will grant me Visa InshALLAH.
Normally I dont visit here much but I will update you guys as soon as any progress comes in.
a recognised body is not just 'an organisation that people know about' it is specifically defined as an organisation with degree awarding powers, which ACCA is not.ssunny1985 wrote:. I cant understand that why home office used to offer hsmp visa to acca students. if they dont think that acca is a recognised body.
My question is that why Border agency is used to give hsmp visa to ACCA qualified students. If Acca is not a recognised body and do not have any awarding powers. Why border agency have this kind of double standards. One place they are issuing visa to ACCA students and considering acca equal to master degree on the other hand they are keep saying that its not a recognised body.Greenie wrote:a recognised body is not just 'an organisation that people know about' it is specifically defined as an organisation with degree awarding powers, which ACCA is not.ssunny1985 wrote:. I cant understand that why home office used to offer hsmp visa to acca students. if they dont think that acca is a recognised body.
HSMP was a completely different scheme.ssunny1985 wrote:My question is that why Border agency is used to give hsmp visa to ACCA qualified students. If Acca is not a recognised body and do not have any awarding powers. Why border agency have this kind of double standards. One place they are issuing visa to ACCA students and considering acca equal to master degree on the other hand they are keep saying that its not a recognised body.Greenie wrote:a recognised body is not just 'an organisation that people know about' it is specifically defined as an organisation with degree awarding powers, which ACCA is not.ssunny1985 wrote:. I cant understand that why home office used to offer hsmp visa to acca students. if they dont think that acca is a recognised body.