给我当年律师写的 Witness Statement 给大家参考

这份Witness Statement 是大概4年前我申请PSW被拒后找律师上诉写的。 这个律师非常烂, 我的上诉也失败了。 但是我知道有些同学需要自己上诉,却不知道怎么写这个Witness Statement, 所以把我的给大家参考一下。

我当时是因为没有被正式AWARDED, 还有银行账单混乱没有显示出我有足够的FUNDS 所以被拒的。 这份Witness Statement 也因此是围绕这2点写的。 此文仅供参考, 强烈建议各位不要照搬,因为我当时那律师真的不好。 有需要的同学可以在格式,或者语句上参考一下即可。 很多地方这个律师用词很aggressive, 所以也是我建议各位不要照搬的原因。也请各位不要太在意我当年的CASE,或者这个律师辩论的好与不好, 因为这都已经是过去了,我写出来只是为了给有需要自己上诉的同学一个参考而已。

IN THE ASYLUM IMMIGRATION TRIBUNAL
BEFORE IMMIGRATION JUDGE APPEAL NO: ____

		[MY NMAE]                                                     appellant

And
[solicitor’s name] respondent
——————————————————————————————————————————————

WITNESS STATEMENT


  1. I, [NAME] of (present address) flat xx, house xx, xx road, city, postcode, make this statement in support of my appeal against the decision made on behalf of the Secretary of State for the Home Department (‘’SSHD’’) who refused my application for further leave to remain in the United Kingdom as a Tier 1 (Post Study Work) Migrant under the Points Based System (PBS). The matters set out in this statement are true to the best of knowledge and belief save where the contrary is expressed. I am aware that this statement will be placed before the court.

  2. I am a Chinese national and born on [BOD].

  3. I first entered the UK as a student on [date], having been granted leave to enter as a student. Subsequent extensions in this category were granted until [date]. I have completed several courses during this period. Between [date] and [date], I completed [course] from [college]. (重复此句子列出所有你读的课程, 最后一个课程结尾加 and completed all my courses successfully). By a letter dated [date] , the [university] confirmed that I have satisfied all the requirements for the award of my [course] and have no further courses or exams to complete. The Letter further confirms that my result at [course] would be confirmed by the Department of XXX in [date] and further confirmed by the [university] board of Examiners in [date]. (Page: 38 to 39). ← NOTE: 这里就是你要注明你的support document在你的这份bundle里的第几页。

  4. Before the expiration of my current leave to remain in the UK, on [date], I made an application for leave to remain in the UK as a Tier 1 (Post Study Work) Migrant. With a view to establish my eligibility regarding attributes and maintenance funds, among others, I submitted [university]’s letter dated [date] (Page: #); (重复,列出所有支持同一个点的文件, 然后再在下面分别列出别的要用到的文件,每个文件都加上页码); Saving Account’s Statements for the period [date] and [date] (Page:#), Current Account’s Statements for the period [date] and [date] (Page:#) together with other educational documents.

  5. For the maintenance funds, I was required to show at least £800 in my possession for three months ([date] to [date] ) immediately before submitting my application.

  6. I submit that, I had more than £800 in my saving account for that period. I submitted a savings account’s statement which covers for the period [date] and [date]. Despite having more than £800 in that account during the period between [date] and [date], I could not supply any current account’s statement due to the administrative errors of Barclays Bank.

  7. On the date of my application, I became eligible to apply further leave to remain in the United Kingdom as a Tier 1 (Post Study Work) Migrant under the Points Based System (PBS) by scoring 95 Points.

  8. Unfortunately, by a letter dated [date], the SSHD refused to grant my application alleging that I have not scored 75 points under the attribute categories. SSHD also refused to award points on English Language and Maintenance (Funds) categories. I strongly deny these allegations as submitted necessary documents to qualify for the required points.

  9. In refusing to award 20 points under ‘the Qualificiation’ criteria, the SSHD alleged that the Appellant has ‘not yet been awarded MSc…’ from [university], (copy拒签信上的拒签原因原话,我就不重复了) (Page:#).

  10. I strongly deny this allegation as on date of appolication, I have successfully completed my MSc course. However, I could not submit any certificate as [university] decided to issue my MSc certificate in [date].

  11. As a result, I submitted an Original Letter dated [date] issued by Dr. XXX, [title], [university] (Awarding body of the MSc Certificate). The letter confirmed that I passed my MSc course successfully and has no further course or exam to complete. (下面的几句就是argue 我各位老师的对我pass了的信, 不重复了)

  12. I submitted the above Original letters issued by the Awarding Body ( [university] ) together with my application following the published Guidelines of the UK Boarder Agency regarding the ‘Original Letter from the United Kingdom Institution’ applicable for Post Study Worker category (Tier 1 Post Study Work) (Page:#).

  13. The published Guidelines clearly statements under the section ‘ (copy guideline 的原话)’.

      1. (14-15都是阐述我其他的老师的信具体怎么说,在跟guideline对应)
  14. As I have completed MSc in [subject] successfully at [university] and submitted the Original Letter fulfilling all the requirements of the published guidance policy regarding the certificate of award, I am entitled to score for 20 points for qualification.

  15. – 21. (这几点是argue 我因为被认定没有拿到学位,从而各个相应的点的分没有拿到,比如说在一个被认可的大学拿到此学位,或者学位是以英文教育的等等。由于上面已经argue了关于我是拿到学位的,所以下面这几点也顺理成章的应该拿到points。记住每次应用支持你论点的support document, 都要列出它们的页码)

  16. – 24. (这几点是为我到底有没有符合数目的钱在银行里的argue。 因为我当时是有那个数目的钱的, 当时银行给我出的账单很混乱,所以不是我的错, 所以这里比较容易争辩,基本上就是阐述一下造成这个混乱是银行的错,还有列清我哪天到底有多少钱。就不重复了)

  17. Without looking at my documents carefully, the SSHD wrongly alleged that, ‘Furthermore, these statements show your balance fell below the required minimum £800 balance between [date] and [date]’ (Page:#). This allegation is totally incorrect as I had always maintained more than £800 in my saving account.

  18. Therefore, I submit that as I always had more than £800 in my saving account, I fulfilled the Maintenance (Funds) criteria and therefore entitled for 10 points.

  19. I believe that the Secretary of State failed to place adequate weight on the evidence that I was a genuine student.

  20. I therefore request the Honourable Tribunal to take the above into account and consider the decision of Secretary of State to be wrong and allow this appeal.

Sign _[hand writing signature]
Miss [My name]
Date _[hand writing date]

thanksthat’s pretty good

{:5_143:}楼主好人!非常感谢!

辛苦了!我的appeal出庭时间已经定了,没打算请律师,自己写,谢谢你的分享!

GOOD LUCK! :slight_smile: