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Judicial review
Posted: Fri Nov 10, 2017 1:28 am
by the39
Hi all,
I submitted my application in June and have been awaiting for a decision ever since. Complaints have been lodged and MP has been contacted for resolving the issue. So far, a decision is yet to be made. My immigration lawyer suggested that I could use judicial review to pressure Home Office to make a decision. Anyone has done a pre-action protocols? Is it effective?
Is it the best option I have now? My concern is that pursuing this direction would incur a lot of additional fees and might take a long time. Any thoughts?
Re: Judicial review
Posted: Fri Nov 10, 2017 2:45 am
by wegiwegi
Well, if you applied for a RC, then after 6 months you can start to chase them, not before.
If it was for a Family Permit, then you have been waiting for a long time, do not know if it would help a judicial review, senior members would have an idea on what to do.
Re: Judicial review
Posted: Fri Nov 10, 2017 12:55 pm
by Doublestarxx
Waste of money. JR may work when there has been a decision made and you have gone through other levels of appeals or reconsideration.
You need to wait 6 months and after you can probably contact your MP or write a complaint. if you encountered loss due to delay after 6 months and you have the resources , you can decide to pursue legal claims for losses from HO.
So many people wait more than the stipulated timeframe, it all depends on the complexity of the case or number of applications they have and so many other reasons. Be patient and hopefully, you will be writing success story
than funding your lawyers pockets.
Re: Judicial review
Posted: Fri Nov 10, 2017 7:47 pm
by the39
Thanks guys. I applied for EEA FP. It has been five months now since I submitted the application. The wait is just ridiculous. I have been unable to look for jobs since my passport has been held by the Home Office.
Anyone else have experiences with judicial review to deal with unreasonable delays?
Re: Judicial review
Posted: Fri Nov 10, 2017 8:37 pm
by Casa
An EEA FP application is submitted from outside of the UK. Have you applied for an RC
Re: Judicial review
Posted: Sat Nov 11, 2017 2:22 am
by the39
Casa wrote: ↑Fri Nov 10, 2017 8:37 pm
An EEA FP application is submitted from outside of the UK. Have you applied for an RC
Yes, I applied for an EEA FP from outside of the UK to join my wife.
Re: Judicial review
Posted: Sat Nov 11, 2017 6:16 am
by secret.simon
First rule with immigration (to any country, not just the UK) - Plan ahead.
Second rule with immigration - Immigration processes teach you patience. Learn well.