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Appeal in high court

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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hamid84
Member of Standing
Posts: 351
Joined: Sun Mar 02, 2008 6:12 pm
Location: West Midlands
United Kingdom

Appeal in high court

Post by hamid84 » Wed May 06, 2009 11:12 am

My friend applied for PSW after finishing his MSC from decent university but it was refused due to funds maintainance issue.

He submitted his father's bank statement from abroad and his own as he was working part time.

He then appealed against the decision and went to court.. Court refused again.

The company who was dealing with his case now says we can't do anything further however; you can ask any private firms who could deal with it.

What should he do now? Is it worth going to High Court or he can give fresh application?

Thanks
Arrived UK in Dec 2000, Received ILR Oct 2008, Citizenship Approved March 2016.

shawpan
Newbie
Posts: 35
Joined: Tue May 05, 2009 5:57 pm

Re: Appeal in high court

Post by shawpan » Thu May 07, 2009 12:45 am

hamid84 wrote:My friend applied for PSW after finishing his MSC from decent university but it was refused due to funds maintainance issue.

He submitted his father's bank statement from abroad and his own as he was working part time.

He then appealed against the decision and went to court.. Court refused again.

The company who was dealing with his case now says we can't do anything further however; you can ask any private firms who could deal with it.

What should he do now? Is it worth going to High Court or he can give fresh application?

Thanks
I have the same problem. Did he submit the application form for the re-decision? I am even so confused with this, should I re apply or appeal against it? Did he submit the application form already??

cheryl99
Newbie
Posts: 48
Joined: Thu Feb 05, 2009 6:31 pm

Re: Appeal in high court

Post by cheryl99 » Thu May 07, 2009 2:04 am

Hi,

Ok this is only what I have heard verbally, but it is from a H.O official. They dont usually take into account where you have applied from, all they confirm is that you have the correct documents and filled in the form correctly. Now, your friend can risk it and send in a fresh application provided now he meets the maintenance. Because technically, he has 28 days before he becomes an overstayer, so he has to do it asap, so his leave extends somehow. Its risky, but this HO official actually said it so, if he wants to take a risk he can try to do a fresh application.
hamid84 wrote:My friend applied for PSW after finishing his MSC from decent university but it was refused due to funds maintainance issue.

He submitted his father's bank statement from abroad and his own as he was working part time.

He then appealed against the decision and went to court.. Court refused again.

The company who was dealing with his case now says we can't do anything further however; you can ask any private firms who could deal with it.

What should he do now? Is it worth going to High Court or he can give fresh application?

Thanks

yasa
Diamond Member
Posts: 1033
Joined: Thu Jan 29, 2009 11:52 pm

Re: Appeal in high court

Post by yasa » Thu May 07, 2009 9:16 am

cheryl99 wrote:Hi,

Ok this is only what I have heard verbally, but it is from a H.O official. They dont usually take into account where you have applied from, all they confirm is that you have the correct documents and filled in the form correctly. Now, your friend can risk it and send in a fresh application provided now he meets the maintenance. Because technically, he has 28 days before he becomes an overstayer, so he has to do it asap, so his leave extends somehow. Its risky, but this HO official actually said it so, if he wants to take a risk he can try to do a fresh application.
hamid84 wrote:My friend applied for PSW after finishing his MSC from decent university but it was refused due to funds maintainance issue.

He submitted his father's bank statement from abroad and his own as he was working part time.

He then appealed against the decision and went to court.. Court refused again.

The company who was dealing with his case now says we can't do anything further however; you can ask any private firms who could deal with it.

What should he do now? Is it worth going to High Court or he can give fresh application?

Thanks
U can do a fresh application if u were left with valid visa otherwise u cant do it.
=======================
Every cloud has silver lining
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yasa
Diamond Member
Posts: 1033
Joined: Thu Jan 29, 2009 11:52 pm

Re: Appeal in high court

Post by yasa » Thu May 07, 2009 9:17 am

hamid84 wrote:My friend applied for PSW after finishing his MSC from decent university but it was refused due to funds maintainance issue.

He submitted his father's bank statement from abroad and his own as he was working part time.

He then appealed against the decision and went to court.. Court refused again.

The company who was dealing with his case now says we can't do anything further however; you can ask any private firms who could deal with it.

What should he do now? Is it worth going to High Court or he can give fresh application?

Thanks
If your friend's visa is still valid then he can do a fresh application...
=======================
Every cloud has silver lining
=======================

shawpan
Newbie
Posts: 35
Joined: Tue May 05, 2009 5:57 pm

Post by shawpan » Thu May 07, 2009 1:45 pm

but when he appealed against Home Office's decision, his current visa got extended automatically right?

hamid84
Member of Standing
Posts: 351
Joined: Sun Mar 02, 2008 6:12 pm
Location: West Midlands
United Kingdom

Post by hamid84 » Thu May 07, 2009 5:11 pm

It was the last day to make application which his solicitor has hopefully done today.

His visa has alread expired so lets see what happens next.

What i dont understand is,

He enclosed his father's bank statements + his own.

Father's letter saying, i have been responsible for all my son's fee.

It's so strange rule imposed by HO. They should make it further clear if so keen to have it and here is what it should be for the sake of having it.

Only the applicant's bank statements accepted. We will not consider anything from sponsor's.

Some students do not bother working if their parents are quite rich.

Oh Goddddd help everyone please.
Arrived UK in Dec 2000, Received ILR Oct 2008, Citizenship Approved March 2016.

shawpan
Newbie
Posts: 35
Joined: Tue May 05, 2009 5:57 pm

Post by shawpan » Fri May 08, 2009 5:25 pm

To be honest, there is no clear instruction given, it is really hard for the students to understand this rule

is it an application form for the reapply or application for the redecision????

shawpan
Newbie
Posts: 35
Joined: Tue May 05, 2009 5:57 pm

Post by shawpan » Fri May 08, 2009 5:34 pm

which 1 did ur friend submit recently?

hamid84
Member of Standing
Posts: 351
Joined: Sun Mar 02, 2008 6:12 pm
Location: West Midlands
United Kingdom

Post by hamid84 » Fri May 08, 2009 6:16 pm

He has gone for apeal in High Court.
Arrived UK in Dec 2000, Received ILR Oct 2008, Citizenship Approved March 2016.

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