PSW on ACCA Fundamental Papers

hassan5805 · Post by **hassan5805** » Thu Mar 28, 2013 10:33 am

Any news guys?? I am getting worried now tht dnt knw wats gonna happen now??

hassan5805 · Post by **hassan5805** » Tue Apr 02, 2013 9:08 am

Hi everyone,, Ryte finally my hearing in UTT is end of this month.. I am not taking any lawyer with because cant pay them all
the time substani amount of Pounds.. I will go myself and trying to prepare it myself for the case.. I got few question?? Shoild i got Annonmity then they will not report the case??? Can i request UTT for the Panel because then i can try to chan Mirza?? How can i extend Date coz i need smetime to prepare myself.. I will appreciate yr early response..

Post by **Greenie** » Tue Apr 02, 2013 9:37 am

requesting anonymity does not mean the case will not be reported, it just means your name will not be published. You can request an adjournment but would have to have a good reason why you cannot attend.

hassan5805 · Post by **hassan5805** » Tue Apr 02, 2013 10:10 am

Greenie wrote:requesting anonymity does not mean the case will not be reported, it just means your name will not be published. You can request an adjournment but would have to have a good reason why you cannot attend.

I am nt sure wat kind of reason they will accept but i am taking any Lawyer with me i am gonna request them i need sme time to find another lawyer or either Let me prepare myself ..

hassan5805 · Post by **hassan5805** » Tue Apr 02, 2013 10:13 am

Greenie one more question plz.. I have passed my OBU degree now will this help?? Last judge have said to me i ll allow yr appeal if you provide me anything from OBU but i couldnt he did mention tht in Refusal letter too..In uk only one Org who can recognised degree and its Uk Naric.. Will this going to help??Wat abt private life i been here more than 9 years and 3 months??

Post by **Greenie** » Tue Apr 02, 2013 10:51 am

an UT hearing is usually limited to whether the determination of the FTT contains a material error of law, so new evidence by way of a degree you have subsequently been awarded or arguments in relation to private life that you did not raise in your original appeal and/or which are not part of your your grounds for PTA will not be considered by the UT.

kelamyne · Post by **kelamyne** » Tue Apr 02, 2013 8:31 pm

I applied for leave to remain under Tier 1 PSW on 20/06/2011 on the basis of ACCA fundamental levels and got refused. I appealed against the decision in the first tier tribunal and my appeal was not allowed in first tier tribunal and was given the right to appeal in the Upper tribunal which I did. And my appeal was heard before the judge in the Upper tribunal on 3rd of February 2012.

In the meantime, I received Bachelor Degree on 28th of March 2012 from Oxford Brookes University and I intended to make a fresh application again as I have an academic degree now and I made sure all the requirements are met this time. . My other concern was that I had only few days as the PSW route was closing down from 6th April 2012 and I would not be able to make the application once I go beyond 5th of April 2012. To do so I contacted Tribunals about the updates of my pending appeal following the hearing held on 3rd of February 2012 and the possible date of the out come of the decision by the judge. This was to ensure that I could know the decision before the Tier 1 Route closes down from 6th of April 2012 and allow me to have time to make the new fresh application. The clerks were unable to help as there were no updates available on my case at that time. I addressed my circumstances and enquired about the withdrawal rules and procedure .i could not withdraw my appeal as my hearing was heard already and tribunal legislation would not allow me to withdraw my appeal. nor i could wait as psw was closing down.so i made the fresh application on 5th april and wrote a cover letter to the case worker explaining my circumstances.received ack letter on 20th may nd never received my biometric.in the mean time i received the determination from UTT and i didn pursue it further..as i already made the fresh application..and when evryone started to receive their biometric i contacted ukba about mine and they said it has been sent..bt i nvr received it..despite requesting several times i never received it..and i was told to write to ukba customer complaints and i did so and received a letter that they are delaing with it..finaly on 4th october they returned my application stating that i had a pending appeal..well i had bt i could not withdraw it..as it was already heard and i explained it on my cover letter..as they took 6 months to respond and by then my appeal was closed,i dont know what to do..i went to solicitiors and was advised for a JR i lodged it and nothing heard since october..i have qualified ACCA and just dont know what shall i do now..shall i wait for the outcome of JR or leave as it is taking ages ..its already been 2 years almost..any ideas about the merit of my case?

hassan5805 · Post by **hassan5805** » Tue Apr 02, 2013 10:45 pm

Well i read your story and its painful i knw because i am going through the same... Well one JR going to be held on 17 th of april and wait and see.. When did u withdraw your appeal did you get any copy of it.. if yes then it can b helpful.. You cant just stop pursuing it and put fresh application you shoud had withdraw ist appeal and then put another application..

kelamyne · Post by **kelamyne** » Thu Apr 04, 2013 12:26 am

I didnot withdraw my appeal. My appeal was heard on 3rd feb 2012 and determination came on 25th may.In the mean time on 28th March i received OBU.and Tier1 PSW was closing down 8 days later on 6th of April 2012. As the appeal was heard i could not withdraw my appeal according to the tribunal procedure.in accordance with the tribunal procedure outlined in (L.15) PART 2 Withdrawal Rule. 17 (link below) and copy attached states,

“(1) Subject to paragraph (2), a party may give notice of the withdrawal of its case, or any part of it—
(a) At any time before a hearing to consider the disposal of the proceedings (or, if the Upper Tribunal disposes of the proceedings without a hearing, before that disposal), by sending or delivering to the Upper Tribunal a written notice of withdrawal; or
(b) Orally at a hearing”

http://www.legislation.gov.uk/uksi/2008 ... rticle/17/
I could only have withdrawn my appeal if it was before hearing or at the hearing date orally.For me the hearing was heard before UTT judge and the judge took 4 months to deliver the decision.I could neither withdraw my appeal nor wait for the decision as Tier1 PSW was no longer available after 6th april. So i had no option but to make the fresh application and when the determination of the appeal came on 25th May i didnot pursue it further.I explained my circumstances in the cover letter to the case worker along with my fresh application.And most annoying thing is my
close friend who had the same case as me was given visa by UKBA but i was not.I only received acknowledgement letter..i never received my biometric..so when it was 5 months i started to enquery and called several times to ukba public enquery and each time they told me that biometric papers have been sent but i have never received it nor did my solicitor.I knew PSW on acca naric would be challenging and time consuming and i had a britsh academc degree so i didnt want to waste time or to be facing any uncertainity..but unfortunately UKBA returned my application..they returned it when i complained that i didnt receive biometric..how funny..i dont know whats gona happen..cause i have never come accross any issue or never heard anyone have ever experienced like i did..so i have no idea whats going to happen now..any clues?

affiliate · Post by **affiliate** » Mon Apr 15, 2013 2:37 am

guys, would u share your thoughts on the case?

really stressed about the outcome.

hassan5805 · Post by **hassan5805** » Mon Apr 15, 2013 10:10 am

affiliate wrote:guys, would u share your thoughts on the case?

really stressed about the outcome.

Well wait few more days and you ll know the outcome.. Anywz Zane Malik going on 17th April and there is still hope and inshaalla will be fine for everyone..

affiliate · Post by **affiliate** » Mon Apr 15, 2013 11:27 am

thanks boss..are we allowed to go and watch the hearing?

hassan5805 · Post by **hassan5805** » Mon Apr 15, 2013 1:27 pm

affiliate wrote:thanks boss..are we allowed to go and watch the hearing?

i think you can and i inw a lot of ppl are going..

rajabrave · Post by **rajabrave** » Mon Apr 15, 2013 1:57 pm

hassan5805 wrote:
affiliate wrote:thanks boss..are we allowed to go and watch the hearing?
i think you can and i inw a lot of ppl are going..

At wat time hearing will start?? Can anyone know???plz reply thnx

ssunny1985 · Post by **ssunny1985** » Tue Apr 16, 2013 3:06 pm

rajabrave wrote:
hassan5805 wrote:
affiliate wrote:thanks boss..are we allowed to go and watch the hearing?
i think you can and i inw a lot of ppl are going..
At wat time hearing will start?? Can anyone know???plz reply thnx

hearing timming is 10 am and court no is 49.. please come from the chancery lane side because front side will be close because of THATCHER’S FUNERAL

ssunny1985 · Post by **ssunny1985** » Tue Apr 16, 2013 3:13 pm

COURT 49
Before MR JUSTICE HOLMAN
Wednesday 17 April, 2013
At 10 o'clock
FOR HEARING
CO/12502/2011 The Queen on the application of Ahmed v Secretary Of State For Home Department
CO/10751/2011 The Queen on the application of Syed v Secretary Of State For Home Department

hassan5805 · Post by **hassan5805** » Wed Apr 17, 2013 11:39 am

Any news guys??Hope allah swt makes easy for us today ameen..

mohisumon · Post by **mohisumon** » Wed Apr 17, 2013 4:23 pm

Any news guys?

affiliate · Post by **affiliate** » Wed Apr 17, 2013 6:54 pm

How come no updates guys?

My dump lawyer said he will be going for the hearing, but he is not picking up his phone.

tanzeena · Post by **tanzeena** » Wed Apr 17, 2013 9:27 pm

how was the hearing???

ssunny1985 wrote:
rajabrave wrote:
hassan5805 wrote:
affiliate wrote:thanks boss..are we allowed to go and watch the hearing?
i think you can and i inw a lot of ppl are going..
At wat time hearing will start?? Can anyone know???plz reply thnx

hearing timming is 10 am and court no is 49.. please come from the chancery lane side because front side will be close because of THATCHER’S FUNERAL

hassan5805 · Post by **hassan5805** » Wed Apr 17, 2013 9:54 pm

Guys now the chances are 50 50 couple of my friends went today and they saying it was good submission by our lawyers and Zane represent the case very well but Honourable judge reserved the decision and they are hoping it will be in our favour.. They were saying Judge was Very good and capable and he knows about everything and lets see what happened.,

Usomi · Post by **Usomi** » Thu Apr 18, 2013 1:09 am

[b]whats the latest update fellows?[/b]

waqasmir · Post by **waqasmir** » Thu Apr 18, 2013 2:09 am

Hello everyone,
I have been waiting for the decison as well, I am in the same boat as everyone else.
Hope everythings goes in our favour.

hassan5805 · Post by **hassan5805** » Thu Apr 18, 2013 9:17 am

well the chances are 50 50 we ll hve to do prayer.. no one knw wats gonna happen.. Judge was happy with Zane submission and he raised really good points on the error of law..

zamanam · Post by **zamanam** » Thu Apr 18, 2013 10:36 am

Hi,

Any updates about MR JUSTICE HOLMAN 's decision re 17th April case?

Thanks

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PSW on ACCA Fundamental Papers

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MR JUSTICE HOLMAN 's decision re 17th April case