Senior Members HELP PLZ.. HO not happy with AIT Decision

[Usman.Khan]

Dear All.
I made an application of appeal against the refusal of my PSW visa. The visa was rejected on the basis of finances -typical problem. I showed pak bank statement showin amount of £800 + and they rejected the application. But on the hearin day 12 March the AIT Judge allowed the application. I recieved the decision inma favor on 19 march.
BUT with in the time of 5 workin days HO made an application for review of AIT decision. GOD knows whts wrong with thm.
after collecting information from internet i got some useful info.which says.

What happens once the AIT has received an Application for Reconsideration?
Once AIT receive application it will enter it onto the electronic data base. We will write to you, your representative if you have one and the UK Border Agency to confirm that we have received your application and the date that it was received (AIT 12). Your application will then be looked at by a Senior Immigration Judge, once a decision has been made we will write to you, your representative if you have one and the UK Border Agency, enclosing a Notice of Decision (AIT 78).

I recieved AIT 12 on 28 march. Now waiting for AIT 78 which is result of reconsideration by a senior judge. May GOD help me. I already spent like £1000 on solicitor. And now dont knw wht to do coz dont want to spend any more. AIT gives us right to appeal in high courts but i dont knw if we are exempted frm paying a high court fee of £400.

I will inform again once i get the decision but i am quite confused.

[jack199]

As you aware the immigration judge can only consider the case under the immigration rules , and he has no jurisdiction to excercise his discretion especially in Tier 1,

I have example of student cases which your solicitor might bring up as an example, which might work.

1. The Immigration decide the cases on the basis of evidence and in your case , it seems that you satify the requirements but the evidences were not before the Home Office. Therefore in the case law of EA (Section 85 (4) explained) Nigeria [2007] UKAIT 00013 and LS (post-decision evidence; direction; appealability), the IJ can look all the evidences at the time of hearing and if you satisfy the requirement at the day of hearing, he will allow this appeal.

2. Below are the two cases
http://www.ait.gov.uk/Public/Upload/j19 ... igeria.doc

and the LS Gambia ( http://www.ait.gov.uk/Public/Upload/j17 ... gambia.doc).

[jack199]

Also have a look at this.

Once of the student who was on IGS won an appeal on the basis that you dont need £800 at all when you go from IGS to PSW. Follow the link for details.

http://www.gherson.com/News/Ghersonsucc ... ments.aspx

"If you have valid leave to remain under IGS or SEGS on or after 30th June 2008, you will be able to apply to extend your permission to stay in your existing category. You will not be required to meet the points requirement if you are applying under this transitional arrangement. You can apply under these transitional arrangements at any time from 30th June 2008. If your application is successful you will receive an extra year from the date your visa is due to expire."

So maybe the argument will shift from not meeting the maintenance requirement to not needing to meet it to get the visa! I just knew that something went wrong from the time the so called "PSW forms" and the "Guidance notes" were printed... there was a gaping omission...it only made the the most perfect sense to extend an IGS no questions asked - because we didn't have to do that initially and so a concession was made for us...however it was omitted from whatever half-baked guidance that was given to the Home Office case workers! They see no difference between students and former IGS holders....which shouldn't be.

CHECK IT WITH YOUR SOLICITOR.

[Usman.Khan]

Dear jack
Appreciate ur replies. Tht was a supporting reply. I will be intouch again once i get the reply from the senior judge. In the mean time plz keep updating me about any other information like u sent before. And also advice me in advance tht how should i manage my self if in case decision is not in ma favor. I dont want to pay my solicitor anymore. I cant afford it.

[jack199]

No prob

Could you tell me how did your hearing go? They questions you were asked, the replies and how long did it last. The whole experience of your hearing.

Thanks

[Usman.Khan]

Sure i can.
it was really simple. HO said at the start of the hearin tht i didnt sumitted any docs showin my financail status. My solicitor in reply showed thm the statment of pak bank account in excess od £1000. And further i said tht it was sent on the time of psw application and i also recieved it in the docs sent with psw refusal letter. Thn HO was just askin questions like why account in pak not in UK. My solicitor said tht account and amount both can be accessed at any time by my client so it wont make any difference if its here in UK or PAK. so thts it some more simple questions and it lasted ab 20-25 mins. There was nothin to talk ab really. And i got the appeal allowed. But bit shocked whn i got letter frm AIT again sayin the HO wants to review the AIT determination. But Hope for the best.

[jack199]

I do not get it why they asked for reconsideration? My Hunch is that they just want UK bank accounts not Pak one, thats the only objection they can come up with. But in the guidence notes it doe not say anywhere that the account has to be UK based and not overseas. I think you will will the appeal.

Can you tell me in which hearing centre your hearing was heard? and did the judge told you the outcome on the same day or you had to wait for the decision?