PSW->Appeal->Hearing next week! Please advise! :|

[vinny1]

Dear all,
I was wondering if any of you guys could advise on my case as how strong you think my case is.

I won't write loads but will try and make it brief:
I did my integrated Undergrad+Masters from 2004 to 2008. I graduated in June 2008 but chose to defer my degree ceremony till December 2008.

As my visa was expiring on 31st Oct 2008, I approached my university for the letter and explained them as to what the home office requirements are [degree ceremony date etc]. I did not get any response from my university for 2 weeks. I then emailed my university explaining my situation [and of course explaining as what the home office had asked for]. I finally received the letter from my uni but it was apparent that the letter was rushed through. It simply stated my name, degree and shockingly my date of award as June 2008. It hardly had a full telephone number on it.

I then complained to the administration office that my visa was expiring in two days and the university has taken ages to produce a letter which was not the same that I had requested. The university said that they won't provide any personalized letter and that’s there standard version for the visa form.

I then spoke to the home office and they advised me to explain it in the covering letter. I then explained everything in CL and also explained that I have requested another letter from my Head of the School.

I then got a letter from the HO on 11th Nov that 'please do not send any further letters unless we ask for it' and finally they refused my visa application. The HO didn't award 20 points for the degree and thus 10 points for English.

I then launched an appeal with the solicitor and my hearing is due on 30th Jan.

In my defence I have 3 points:
1) My university refused to give me any personalized letter and my e-mail to prove it.
2) HO letter as to not send any more documents and then refusing it. Furthermore the HO did actually accept the same letter and awarded me 20 points for the 'recognised institution'.
3) I have now [in the witness statement] also attached a copy of my degree ceremony invitation letter confirming my ceremony on the 18th of Dec and my original degree certificate.

I was wondering if you guys think what my chances are in the hearing. I have never been to a hearing and am a bit nervous about it.

My solicitor has asked for another £2000 so I am presenting myself on my own.

Any help would be appreciated!

PS: I apologise for writing a long one.

Thank you in advance.

Vinny

[Diokpa]

I do think you stand a good chance at appeal and what you just need to do is go with confidence and state your case, even if it means the judge admiting your evidence under Section 85 since you now have the degree with you before the day of appeal. I am not a lawyer though and this does not in anyway constitute legal advice, but am sure you'll get the decision overturned. Good Luck.

[vinny1]

I do think you stand a good chance at appeal and what you just need to do is go with confidence and state your case, even if it means the judge admiting your evidence under Section 85 since you now have the degree with you before the day of appeal. I am not a lawyer though and this does not in anyway constitute legal advice, but am sure you'll get the decision overturned. Good Luck.

Dear Diokpa,

Thank you for your reply. I really appreciate your comment and wishes.
I am glad that you thought that I might stand a chance. I'll keep my fingures crossed and will keep you posted on what happens!

Thanks again for your kind words I really needed 'em.

Vinny

[megastar]

I then launched an appeal with the solicitor and my hearing is due on 30th Nov.

hi vinny, is that on nov 30 2009?

[vinny1]

hi vinny, is that on nov 30 2009?

Errr Im soz mate thanks for pointing that out
I have just been really stressed and jus got muddled up about the month. Wanted to write Jan tbh!

Its 30th of Jan 2009.

[vinny1]

I do think you stand a good chance at appeal and what you just need to do is go with confidence and state your case, even if it means the judge admiting your evidence under Section 85 since you now have the degree with you before the day of appeal. I am not a lawyer though and this does not in anyway constitute legal advice, but am sure you'll get the decision overturned. Good Luck.

I apologise for bugging again as I have just realised I might be in trouble for some other reasons.

The Tribunal office has sent me the letter stating my Hearing Date. They have asked me to post the 'witness statement' and 'the bundle of document'. They have also asked that the documents reach them no later than 5 days before the hearing. I, however, posted the documents today [friday, 23rd Jan]. The Special delivery is supposed to be delivered the very next day but as its the weekend tomorrow it will reach there on Monday, 26th Jan.

I am just panicking as 26th is not actually 5 days before my hearing date i.e. 30th Jan.

Would you reckon they still be OK with that?

Thanks in advance.

Vinny

[megastar]

hi vinny,

you should have done that through a solicitor. did you prepare your appeal statement? did you write any additional grouds.. like why you should be allowed to stay in this country?
call the tribunal services and ask any advise.

[Diokpa]

I do think you stand a good chance at appeal and what you just need to do is go with confidence and state your case, even if it means the judge admiting your evidence under Section 85 since you now have the degree with you before the day of appeal. I am not a lawyer though and this does not in anyway constitute legal advice, but am sure you'll get the decision overturned. Good Luck.

I apologise for bugging again as I have just realised I might be in trouble for some other reasons.

The Tribunal office has sent me the letter stating my Hearing Date. They have asked me to post the 'witness statement' and 'the bundle of document'. They have also asked that the documents reach them no later than 5 days before the hearing. I, however, posted the documents today [friday, 23rd Jan]. The Special delivery is supposed to be delivered the very next day but as its the weekend tomorrow it will reach there on Monday, 26th Jan.

I am just panicking as 26th is not actually 5 days before my hearing date i.e. 30th Jan.

Would you reckon they still be OK with that?

Thanks in advance.

Vinny

That's quite late considering it should be there 5 FULL DAYS before your hearing. Well just pray the judge is lenient and admits it. And for megastar, no you don't have to do it through a solicitor as long as you know how to write a witness statement and prepare your own evidence bundle. Vinny, you need all the luck mate. Let us know how it goes.

[rahilnaz]

I am just panicking as 26th is not actually 5 days before my hearing date i.e. 30th Jan.

Would you reckon they still be OK with that?

Thanks in advance.
Vinny

I got my appeal decision today. Judge says
"The Appellant produced a copy document intead of the origional". Had he produced the
origional, that would have been sufficed. He produced the origional to me. Thats is enough to succeed."

Decision:
"The appeal is dismissed under the immigration rules"

I thank all forum members who helped me through my PSW application. I can now concentrate on my new job

vinny1, just to let u know that I sent my statment just day before my hearing. I would not worry about it.

Best of luck

Regards
RN
Glasgow

[EliteDuck]

Pack up and go home....

You have no chance to win....

Accept it... go home... and hide yourselves for 14 years

[rahilnaz]

Pack up and go home....

You have no chance to win....

Accept it... go home... and hide yourselves for 14 years

What is ur agenda? EliteDuck
I dont know how thug like ureself waste valuable time on unnecessary posts which yields nothing. I think you are bored of ureself?

[A]

Hi there vinny1,

I've just been through an appeal process and successful court hearing recently myself...

First of all, on what grounds did the Home Office refuse you the 20 points for the institution (and therefore 10 points for English)? What exactly does it state is/are the reason/s?

Secondly, from what you've written, I understand you are now in possession of the original certificate of your degree? I take it this is what you sent in with your appeal as evidence that your degree/institution is legit?

If it is all above board and you have full proof of this, I believe you'd be in with a good chance, however, of course I am no expert so cannot say for sure.

All the best,
A.

[vinny1]

Pack up and go home....

You have no chance to win....

Accept it... go home... and hide yourselves for 14 years

LMFAO..u serious? Who are you? A tosser whos been hiding behind the PC?
Mate don't open up your mouth cos you ain't got anything in your life. I wonder what will happen to you if immigration people catch you?

[vinny1]

Hi there vinny1,

I've just been through an appeal process and successful court hearing recently myself...

First of all, on what grounds did the Home Office refuse you the 20 points for the institution (and therefore 10 points for English)? What exactly does it state is/are the reason/s?

Secondly, from what you've written, I understand you are now in possession of the original certificate of your degree? I take it this is what you sent in with your appeal as evidence that your degree/institution is legit?

If it is all above board and you have full proof of this, I believe you'd be in with a good chance, however, of course I am no expert so cannot say for sure.

All the best,
A.

Hey there A,

Thanks for your reply mate and congratulations on your successful hearing!

Bear with me as I am writing the exact words from my refusal letter.

Qualification:0 points
The reason HO has stated is:

" You have stated that you have been awarded a Master of Engineering Degree. [But I never ticked the {original certificate} box in my application.]

You have failed to provide the degree certificate as required and the academic letter you have provided gives no reason as to why it has not been submitted.

The covering letter where you explained the reasons cannot be treated as evidence and hence in the line with published guidance, no points have been awarded."

English Language: 0 points

" You have stated that you have UK degree and you have failed to provide it. No points have been awarded".

You got it right A. When I appealed, I did send my original degree certificate [as I had the certificated with me by then] and I also sent a copy of the invitation letter from my school that states that my degree ceremony is in December.

By the way what were the reasons for your refusal?

Many thanks

Vinny