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..
Work permits, Tier 1 General, Tier 2 and Tier 1 PSW are all different schemes.
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:
Neither 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.
http://www.ait.gov.uk/Public/Upload/j25 ... kistan.doc
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"
