Review Of Refusal After Pankina Judgment

Mysterymeow · Post by **Mysterymeow** » Tue Jul 27, 2010 2:45 pm

I was refused extension of Tier 4 visa as I had left out one page of my bank statement so was refused on 10 June as did not show 28 consecutive days of maintenance funds. I decided to appeal and have an oral hearing on 15 October.

After seeing the Pankina judgement, I sent in a request for a review of my application yesterday as even with just the one page of the bank statement it shows that I did at least have the maintenance fees for one day - so I now meet the criteria.

My thinking is that if I am unsuccessful in my application I can still go ahead with the appeal hearing. I am hoping this will not be the case and that they will grant me the extension which will hopefully shrink the waiting time.

Anyone have any idea how long it will take them to review the application as they already have biometrics etc? Do you think there will be a process in place to expedite all review requests considering that it has been shown that UKBA were unlawful in their decision.

Would be interested to see a post where we can document the timeline of this Reconsideration process post Pankina judgment.

Many thanks all

Post by **geriatrix** » Tue Jul 27, 2010 4:48 pm

Migrants with an outstanding appeal or judicial review against the refusal of an application for further leave to remain submitted prior to 23 july 2010 wrote:21. Where identified we will withdraw the immigration decision that gave rise to the appeal, or judicial review claim. We will then reconsider the migrantâ€™s case and decide whether they met the requirements of the Maintenance (Funds) attribute which are as follows:
22. Migrants are required to demonstrate that they hold the required level of funds (for the entire family) at the closing balance on any one day during the one month period prior to the date of application.
23. The grant of leave (if appropriate) will confer the same rights and impose the same conditions as specified by the Immigration Rules at the time the application was originally decided.

regards

Mysterymeow · Post by **Mysterymeow** » Tue Jul 27, 2010 5:57 pm

Apparently, there were 53 000 applications refused. If they all requested reconsideration I wonder how much of an effect (if any) it would have on the interim immigration cap...

Kurshedalam · Post by **Kurshedalam** » Tue Jul 27, 2010 8:41 pm

you sent your bank Statement for consideration I want to know this bank statement recent up to date one or previous dated when you applied for extension.please let me know thanks.

Mysterymeow · Post by **Mysterymeow** » Tue Jul 27, 2010 10:37 pm

I am not making a new application just asking them to review my previous application and they already have one page of my original bank statement from then. They should have all the information I submitted to them on their system. I did include the missing page which shows the full amount was in my account for 28 consecutive days but I very much doubt that they would accept any new 'evidence' . Luckily the original bank statement I sent them - only has to reflect the full maintenance funds for at least one day during the month prior to my application which was submitted before 23 July - now allowing them to review that application with the Pankina judgment maintenance criteria.

Kurshedalam · Post by **Kurshedalam** » Tue Jul 27, 2010 11:26 pm

Thanks for your reply.

docten · Post by **docten** » Wed Jul 28, 2010 4:24 am

I have also applied for a reconsideration for visa application for my dependant who was refused entry clearance. I did it yesterday and am anxiously waiting to know how much time it would take considering their process is so slow!!!

Post by **geriatrix** » Sun Aug 01, 2010 11:44 am

docten wrote:I have also applied for a reconsideration for visa application for my dependant who was refused entry clearance. I did it yesterday and am anxiously waiting to know how much time it would take considering their process is so slow!!!

When was the initial application (which was subsequently refused) submitted i.e.- what was the date of application?

regards

docten · Post by **docten** » Sun Aug 01, 2010 12:04 pm

@sushdmehta: Initial application was made on 1st July and refusal was dated 15th July. Reason was just maintenance funds. When should I expect to hear from the High Commission? Have they already issued any visas in line with this judgement?[/quote]

shad2000cc · Post by **shad2000cc** » Sun Aug 01, 2010 10:26 pm

hi Mysterymeow, would u plz send me the the draft for the letter and tell me , which address u sent your request for reconsideration as my case is similer to ur case . thanks

Post by **geriatrix** » Mon Aug 02, 2010 12:32 pm

docten wrote:When should I expect to hear from the High Commission? Have they already issued any visas in line with this judgement?

Only VAC/BHC can advise you on the timelines involved.

regards

Mysterymeow · Post by **Mysterymeow** » Fri Aug 13, 2010 1:28 pm

Sent in request for reconsideration on 26 July 2010, and have still not even received an acknowledgement letter yet. Almost 3 weeks. Has anyone at least received acknowledgement letter for a submitted Pankina reconsideration review yet?

Mysterymeow · Post by **Mysterymeow** » Tue Aug 24, 2010 1:15 pm

Ecstatic!!! Received letter from UKBA that I shall be receiving Biometric card shortly. So thanks to Pankina judgment I have my visa!!!! 26 July to 20 August. Hang in there all friends who are waiting for reconsideration they are moving quite quickly on this.

Thanks to one and all for your advice and support.

tsleng · Post by **tsleng** » Tue Aug 24, 2010 2:12 pm

That is fantastic news!

Congrats. BTW, you've got PM

Mysterymeow · Post by **Mysterymeow** » Tue Aug 24, 2010 8:55 pm

Thank you for good wishes.

Just to reiterate, I did not receive any acknowledgement from UKBA case unit to say they had received my request for reconsideration. They merely sent me my passport and documents today. It was a four week process.

So very pleased this has had a happy ending. If it hadn't been for this forum I would probably still not known about it.

Spread the word and lets keep a timeline on each situation like this as guidance to others in same situation. Some of the first fortunate enough to test this judgment out.

It has worked in my favour - there is hope after all.

Good luck!

Mysterymeow · Post by **Mysterymeow** » Thu Aug 26, 2010 12:18 am

TsLeng you have a pm

tsleng · Post by **tsleng** » Sat Aug 28, 2010 8:42 am

I have got mine too!!

Sent it on 9th Aug Special Delivery, got my stuff back yesterday 27th Aug !
That was quick!!

Mine was for Tier 1.
And like Mysterymeow, I did not get any correspondence from HO in between 9th Aug and 27th Aug.

Mysterymeow · Post by **Mysterymeow** » Sat Aug 28, 2010 12:59 pm

That is WONDERFUL news!!!! Congratulations!

milagro · Post by **milagro** » Mon Sep 13, 2010 8:38 pm

Last Saturday I got an unexpected surprise. Received a letter from UKBA along with my passport to say that my Biometric card would be with me in a couple of days. Then after that good news, got even better news when a courier arrived with my Biometric card about 8 minutes later! I was filled with complete joy having waited for six weeks without any prior word from UKBA.

For those of you who are still waiting, please continue to have some more patience which is a very difficult thing to do but I believe in faith and God and HE allowed this victory to have won without my having to attend my appeal hearing on September 22nd. Infact I was asked to cancel it if it was satisfied with the outcome from UKBA.

God is great!

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Review Of Refusal After Pankina Judgment

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