To all those who had thier Point Based Visas Application ( i.e previously Tier1, Tier4, 5, PSW)refused prior to the judgement of Pankina[2010]EWCA civ 719, on 23 July 2010 please be informed that the deadline for request for reconsideration is 22 JUNE 2011. See attached UKBA revised guidance NOV. 2010.

While the document appears to lay emphasis on those refused SOLEY on maintainance funds requirements/grounds ONLY, however the Home Office/UKBA have misapplied the Pankina judgement in bias!

The Pankin[2010]EWCA Civ 719 was of a wider implication than mere maintainance funds requirement as LJ's Sedley (aka UK Lord marxist ) rightly put it that : whatever was in the Point Based Policy Guidance same not haven been part of immigration rules laid before the paliament same IS NOT part of the immigration rules. The three months maintainance funds requirements prior to pankina judgement was never in the immigration rules laid before paliament but only in the PBS Policy Guidance, hence one of the reasons Pankina[2010]suceeded.

Indeed this position is backed by these two Judicial Review judgements;

The summary note at the beginning of this judgement below says it all!

http://www.bailii.org/uk/cases/UKUT/IAC/2010/00304_ukut_iac_2010_fa_nigeria.html

http://www.bailii.org/ew/cases/EWHC/Admin/2010/1726.html

http://www.bailii.org/uk/cases/UKUT/IAC/2010/00305_ukut_iac_2010_cds_brazil.html

It is on record that applicant from india who applied before June 23, 2010 and had thier Visas refused on Maintainance funds requirements ONLY have had thier application reconsidered and visas issued accordingly following a pre-action protocol letter of a possibility of Judicial Review application being lodged.

So, there you go folks; abit of shepard's pie, swede and lots of gravy for the HO on this one!Another HSMP on the horizon!