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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
yah if those rules were existing when we applied then why in alvi case SC decision was against HO which stating all the rules should come through the parliment not from the press conference...affiliate wrote:We need to look through the documents in the Parliament to see what Immigration rules were applicable at the time of making the application, as UKBA said there wont be any changes to the immigration rules regarding PSW as it is now closed.
I know the HO urgently presented some changes in the Parliament, so we need to find out how far back the invalid rules or guidance have been going for.
The PBS had immigration rules (laid before parliament) and guidance (not laid before parliament).hassan5805 wrote:yah if those rules were existing when we applied then why in alvi case SC decision was against HO which stating all the rules should come through the parliment not from the press conference...affiliate wrote:We need to look through the documents in the Parliament to see what Immigration rules were applicable at the time of making the application, as UKBA said there wont be any changes to the immigration rules regarding PSW as it is now closed.
I know the HO urgently presented some changes in the Parliament, so we need to find out how far back the invalid rules or guidance have been going for.
Work permits, Tier 1 General, Tier 2 and Tier 1 PSW are all different schemes.hassan5805 wrote:What about the rationality ?? on one side they are accepting Uk naric equiva certificate for work permit people but not accepting Uk naric for psw.. why ?? both are work permit and both should b treated same way isnt?? another debate of fairness why honourable judiciary hve allowed thousands of the cases on the basis of acca but why not now?? why home office not changlgd those cases in UTT but doing now?? With due respect Paperpusher and Greenie you do hve knowledge better than us but you only seeing the one side why dont you cme across other side.. HO left loads of flaws when they were doing aggressive stoppage of immigration.. Please help us to find the way nit scrutinised us.. we hve been victamised because a lot of ppl won cases i hve personally seen them and i am sutlre you hve seen too.., Policy guidence itself rule becuase its transaltion if rules.. dont forget they hve mentioned the word Level in thier guidence isnt?? wat is the difference between Level, Equivalent i think nothing but why its hard to explain thm.. i know one thing we all will be succed at the end all we need some goid barriester like Zane who can point out these points.. well you can also see the latest Fairness case for student then why not fairness for psw..i sm really hoping we will get justice by honourable judges..
http://www.ait.gov.uk/Public/Upload/j25 ... kistan.docNeither the Immigration Rules nor the Secretary of State’s guidance state that the required qualification can be either equivalent, or comparable, to a UK recognised degree. The relevant requirement under the Rules is clear and unambiguous. The requisite points can only be given if an applicant has been awarded a “UK recognised degree” at Bachelors level or above. The guidance itself provides, at paragraph 59, that professional and vocational qualifications cannot be used to obtain the award of points unless they fall within those qualifications listed in paragraph 53. The qualifications listed in paragraph 53 of the guidance merely reflect those set out in Table 10 to the Immigration Rules. The Secretary of State’s guidance does not set out a more beneficial position for applicants.
That appeal has actually been won.a2yousaf wrote:PLZ LIKE PAGE: PSW Appeal CASES (on fb)
http://www.facebook.com/PswAppealCases? ... ppealCases
Zane Malik wrote:Blake J has granted permission to appeal to the Court of Appeal from his decision in Khatel: http://www.bailii.org/uk/cases/UKUT/IAC ... nepal.html ….
So not over yet then for those students who were awarded their qualification after the PSW scheme closed.vinny wrote:Zane Malik wrote:Blake J has granted permission to appeal to the Court of Appeal from his decision in Khatel: http://www.bailii.org/uk/cases/UKUT/IAC ... nepal.html ….
Again who does the interepretation of rules?? Policy guidence itself a rule because its interpretation of rules by HO.. We cannt say that rules are differ than policies.. You guys have your own opinion..PaperPusher wrote:Work permits, Tier 1 General, Tier 2 and Tier 1 PSW are all different schemes.hassan5805 wrote:What about the rationality ?? on one side they are accepting Uk naric equiva certificate for work permit people but not accepting Uk naric for psw.. why ?? both are work permit and both should b treated same way isnt?? another debate of fairness why honourable judiciary hve allowed thousands of the cases on the basis of acca but why not now?? why home office not changlgd those cases in UTT but doing now?? With due respect Paperpusher and Greenie you do hve knowledge better than us but you only seeing the one side why dont you cme across other side.. HO left loads of flaws when they were doing aggressive stoppage of immigration.. Please help us to find the way nit scrutinised us.. we hve been victamised because a lot of ppl won cases i hve personally seen them and i am sutlre you hve seen too.., Policy guidence itself rule becuase its transaltion if rules.. dont forget they hve mentioned the word Level in thier guidence isnt?? wat is the difference between Level, Equivalent i think nothing but why its hard to explain thm.. i know one thing we all will be succed at the end all we need some goid barriester like Zane who can point out these points.. well you can also see the latest Fairness case for student then why not fairness for psw..i sm really hoping we will get justice by honourable judges..
Some schemes are for people educated outside the UK, hence different qualifications are allowed.
Alvi states that it is the rules that count, not the guidance.
Please read this determination and what the judge says about the use of the word "level" in the guidance:
http://www.ait.gov.uk/Public/Upload/j25 ... kistan.docNeither the Immigration Rules nor the Secretary of State’s guidance state that the required qualification can be either equivalent, or comparable, to a UK recognised degree. The relevant requirement under the Rules is clear and unambiguous. The requisite points can only be given if an applicant has been awarded a “UK recognised degree” at Bachelors level or above. The guidance itself provides, at paragraph 59, that professional and vocational qualifications cannot be used to obtain the award of points unless they fall within those qualifications listed in paragraph 53. The qualifications listed in paragraph 53 of the guidance merely reflect those set out in Table 10 to the Immigration Rules. The Secretary of State’s guidance does not set out a more beneficial position for applicants.
I know some people will have had their appeals allowed. That doesn't mean everyone will, nor that they are entitled to have their appeals allowed. That is the way the legal system in the UK works. Judges are free to make their own minds up, free from influence and interference, even though that may mean that their decisions differ. That is why there is an onward appeals system too, in case a Judge makes an error in their legal reasoning.
The appeal to fairness, and the claim of victimisation seems to me to misunderstand the English and Welsh legal system.
Frankly, it also seems a very childish type of argument when people are talking about going to the Supreme Court and Strasbourg.
If you want Zane Malik, then go for it. But I am pretty sure, although he is very very good and may even be the best, that not every case he has represented he has won. Zane Malik probably will not be able to magic up an allowed appeal for you based on foot stamping and cries of "s'not fair"
I am pretty sure that these guys will get thier PSw who got degree aftr 5Th april coz HO have allowed permission but they dont hve any prove to over rule this decision and they are going to loose again in COAPaperPusher wrote:So not over yet then for those students who were awarded their qualification after the PSW scheme closed.vinny wrote:Zane Malik wrote:Blake J has granted permission to appeal to the Court of Appeal from his decision in Khatel: http://www.bailii.org/uk/cases/UKUT/IAC ... nepal.html ….
I know Zane is the best but he charge also best fees aswell.. I will go myself and prove that .. Inshallavinny wrote:Zane Malik wrote:Blake J has granted permission to appeal to the Court of Appeal from his decision in Khatel: http://www.bailii.org/uk/cases/UKUT/IAC ... nepal.html ….
Now u can go directly to COA, and apply for right of Appeal. U can't, as such, go for JR. U have to go for appeal in COA.mohisumon wrote:UT Didn't give me permission......
Should i go for JR or is there anything I can do ???
Advice me please
Thanks
I know this is not because there is any personal feeling against other languages, but that moderators need to be able to understand posts.Administrator wrote:The language of this board is English, and any posts not in English are liable to be deleted without notice
okay tht s fine Paperpusher Fair enough..we will try our best nxt time..PaperPusher wrote:http://www.immigrationboards.com/viewtopic.php?t=3
I know this is not because there is any personal feeling against other languages, but that moderators need to be able to understand posts.Administrator wrote:The language of this board is English, and any posts not in English are liable to be deleted without notice
whoever visa left they dont get appeal right but they can apply strai to the court of appeal for JR and whoever visa finished they get appeal right through to the tribunal...555ssunny1985 wrote:Greenie what is the majore difference between JR and simple appeal.Greenie wrote:Please write in English.