Advice Judicial Review Decision

[MyGodisable]

Hello Everybody,
I thank you all for all the advice that all come from all the people that do comment on this forum. It is so wonderful and emotional. God will continue to be with you all.

My timeline is as follow:

I have a family relatives here in the UK. They are my parents, brothers and sisters. They all came here before me more than 9 years ago. They are all british citisens.

I came here in Sep. 2009 as a student in the old category and not as a Tier4 student. Though the visa I bring here was giving to me as a result of the appeal that my parents here in UK lodge for me in May 2009 before it was allowed showing that they are ready to support me throughout my studies in the Uk.

Later in June 2012, I finished my studies and since then I have been loking for a sponsor but with no one to help me until I had to extend my stay in the UK before my Visa expired in October 2012 using FLR(O).

The Solicitor that I used told me that the application he want to do for me is called ''Extension of leave to remain outside the immigration rule using form FLR(O)'' and beside I don't qualify under any immigration category and I am an adult of over 25years though have family members that are all british citisen.

My mother and I agreed that he should proceed with the application and we belief in our God bcos he is able. He proceed with the application and provide additional evidence on my behalf to the HO, which reads as follows: ''Our client is seeking for an extension of his leave to remain outside the rule. Our client arrived in Sep. 2009. He was granted leave to remain until Oct 2012 as a student. His graduation is due to take place in Nov. 2012 and seek leave to attend is graduation ceremony. Also, has a FAMILY MEMBERS in the Uk with whom he has not been able to spend any significant periods of time given his studies. He would also like to be able to spend some time with them before returning to Nigeria. A period of 3-6 months will be sufficient''.

Although, he told us that it may not succeed and after 6 months of my application I may receive reply immediately. We Keep faith in our God and after the 6 months no reply until today 31st October 2013 I received notice of refusal from the Home Office with RIGHT OF APPEAL.

HO refusal notice state thus: ''Your application has been refused due to the fact that a variation of leave to remain is being sought for a purpose not covered by the rules. The Secretary of State policy is to consider granting leave outside the rule where particular compelling circumstances exist. Grant of such leave are rare and are given only for genuinely compassionate reasons. PLEASE MY READERS SEE THE NEXT WORD THEY WRITE AND CONSIDER IT CAREFULLY PLEASE - ''We carefully considered your claim to leave to remain for a period of 3-6 months on the basis that you which to attend your graduation ceremony and TO VISIT family in the UK before returning to Nigeria. In view of that this is a purpose not covered by the rules and there are no compassionate circumstances in this case as well as over 6 months have elapsed since the date of my application and the secretary of state is not satisfy that a discretion should be granted outside the rules''.

Well, When I read the reply. I was so emotionally down. But I read it again, They said I seek a leave for a visit but I don't seek a leave for a visit but to stay with my Family that are british citisen. Please help me in this case before is as if the solicitor himself doesn't want to cooperate or help me in this regards even I notice it from the day he was making the application for us. Now he is saying that if I appeal they may not grant it.

I am telling him to appeal for because from the look of thing, I don't have any relatives back home, I don't have any job. Even the job I have here (temporary due to my student visa) I have lost it. It is only my parents I ahve been depending on since I have been here 4years ago. Now, I also tell my solicitor that I am entitled to stay with my parents because I think I enjoy Article 8 and I have been leaving with then since I was born in Nigeria till now I came to the United Kingdom 4 years ago and my correspondence address have change to their in the UK. HE still insist it may not go through. He even asked me how many years have I lived in the Uk. I said 5 years. He said no it is 4years, that I haven't developed too much of family life with my parents. I try to tell him that even there was a case of an adult of 29 years that was decided by ECHR,. though that person have a criminal case, the judge still favour him on the basis that he is still living with his mother and doesn't have a relationship yet and still enjoy a family life. But in my case I DON'T HAVE ANY CRIMINAL PROCEEDINGS AGAINST ME. Yet he still not satisfy. But, I insist he should file an appeal for me.

Please concerned individual that have compassion on me in this forum please help me and guide me. I am going through a difficult time and if they should send me back home. I don't know where to start. All my relatives are here. No family back home, no work. How will I live. Please help me. By the time my application go to the appeal it could have been JANUARY 2014 and i COULD HAVE STAY HERE UNDER MY PARENTS FOR 5 years. Pls concern individuals please help me I am seriuosly down.

[Lucapooka]

Is your god able to reduce this incredibly long and protracted prose to something that is more concise?

[MPH80]

Well - if I distill it down ...

You came as a student - a temporary immigrant category. You've been hoping to find a tier 2 sponsor, but failed.

You want to stay permanently. Your solicitor applies for a leave to remain for just 3-6 months so you could attend your graduation in November 2012.

You were finally rejected this month because there's no reason to grant a leave for that short period - and besides - it's already gone.

I don't see any reason for the ECHR to apply here. I'd say it's time to give up. You came in a temporary category and should expect to leave again at the end.

M.

[MyGodisable]

Thank you for those that are replying on my case.

To break my case down, I came here as a student through the help of my family here in UK. They are british citisens. They are my parents and siblings.

They had been supporting me throughout my stay in Nigeria and now in the UK. Though they left me in Nigeria some years back before I came here in Sep. 2009 but still in contact with them.

When I came here I came here through them, they sponsor me as a student. When my visa is expected to expire, I made an application to leave with them (Family) for up to six months and also to attend my graduation that I had already did last Nov. 2012. This application was outside the rule application as advised by my solicitor

So my application finally decided 22 October 2013 and was refuse on the basis of no exceptional circumstances on my case but with the right to appeal.

Pls I just want to know will i be able to succeed in this case bearing in mind that all my families members i.e my parents and siblings are all here. They are all british national living more than 10 years in this country. I have no other relationship back home. Even when they left me in Nigeria they still come and visit me and we talk together and support me.

I want to make an appeal based on article 8 please help me

[Greenie]

You have next to no chance of succeeding under article 8. You are a grown man educated to degree level and have spent the vast majority of your life, apart from the last 4 years, in your home country. I hope your solicitor has advised you this.

[akhan25]

There is no reason to appeal as 4 to 6 months u wanted to spend with ur family is already passed and u have prob already attended ur graduation ceremony too whats the point by the time it go to judge they will say that ur purpose for extention is already been served. Now u keep saying ur all family is British can not help u anything as ur not under 18 so u r legally not ur parent's dependent. If u were looking for permanent residency then u were mis quided as ur solicitors has asked for 6 months dont over stay leave asap so then in future if u want to come as visitor to see ur family u will be granted visa easy.

[MyGodisable]

Dear All,

I made an application under article 8 (Family and Private Life "no ties"). I submitted some material evidence to the Home Office to substantiate my claims.

This was refused last year with no right of appeal though I was not an "overstayer".

I apply for a judicial review through a solicitor firm which make the application to the Upper Tribunal without attaching the material evidence i submitted to the Home Office with my application.

The application came before a Judge of the Upper Tribunal in Manchester and when the proceedings was going on and the SSHD discovered that they are to loose the case, their Barrister lied against me and said I didn't provide any material evidence to substantiate my claim.

My Barrister on that day argue the case that i submit an evidence with my application that it was in the cover letter but the judge went ahead to refuse my application. But when the judge want to send his decision to me he didn't write the full reasons for his refusal but just state permission refused and i should pay the SSHD.

I later apply for permission to appeal to the court of appeal stating that i provide evidence that i have no ties and that i enjoy family life with my immediate family. The judge of the UT that look into my case accept there was an evidence submitted but says it lacks clarity.

LATER i apply the Court of Appeal on the papers for permission to appeal raising the issue of my family life and also the issue of my material evidence i submitted to the Home Office that was ignored and I attached all the material evidence to the Court of Appeal.

Today, I received a decision on my application from the Court of Appeal on the papers saying " There is no prospect of success that it was open to the UT judge that decide my case to refuse my judicial review based on the evidence i placed before him". The only evidence that was placed by the solicitor that did the application for me before the UT judge that decide my case at Manchester was the claim form, grounds for JR, application form and cover letter submitted to the HO.

The other material evidence that really indicate my family life with my family members such as affidavits, P60, Utility bills, Degree certificates e.t.c was not submitted to the judge of the UT at Manchester by my then solicitor but i submit all of them with my application to appeal in the Court of Appeal

Please moderator and loving people in this forum, please help me; what are my chances. i have been order to seek for oral reconsideration of permission to appeal in the Court of Appeal.

[Wanderer]

Thank you've already had your answer upthread....

[MyGodisable]

Hello All,

Has someone received a Judicial review decision refused against the SSHD (Secretary of State for Home Department) article 8 decision from a single judge at the Court of Appeal or UT before with:

1. No reasons for refusal

2. No conclusion for refusal

3. No review of the law

This case happens to me. Please respond and help me please!

[MyGodisable]

Also in addition to that,

The judge also made no order as to cost.

Thank you

[Obie]

You have the option of appealing the decision .

[sham.nill]

Hi MyGodisable,
i think u can go for Oral hearing before Court but u need to renewa with in 7+2 days. A large number of case refused at Permission stage but grant in Oral hearing.

i am wandering what type of visa did u applied for and refused and also what was the reasons for your visa refusal. is there any mistake done by u or your sponsor. please response me. and how long your case took time to knew the Permission refused from court due to no merit. can u send me time frame for your JR case file.

i also did tier 2 application and got refused on 29th october 2015 and i launch my JR in end of january today i receive letter from treasury solicitor AND home office, they wants to defend my judicial review application. so i am waiting to get Permission granted from court.

[Obie]

If claim was certified as totally without merit, then only a paper application to the court of appeal will be possible .

[MyGodisable]

Thank you Obie and sham.nill,

My case was not certified by the Court of Appeal. Actually this is the history of my case:

In October 2012 before my student visa expired, I put in an application for extension of leave to undergo my graduation ceremony. This was refused with a right of appeal.

I withdrew the right of appeal from the FTT and put in my application for leave to remain based on Article 8 (family & private life) with my father, mother and siblings the same day I withdrew my appeal from FTT

This application was refused by the SSHD without right of appeal while it shows that I was never an "overstayer". I made the application under " paragragh 276 ade (vi) and under my family and private life".

I have been living with my father, mother and siblings since I arrived in 2009 and they had been supporting me with my living expenses and school fees. A lot of material evidence was placed before the SSHD but was ignored. and my application was refused without a right of appeal.

I put in a Judicial review at the UT and under my grounds I told the judge that I was never an overstayer that the SSHD should have given me a right of appeal. This ground was not challenged by the SSHD.

Later, the judge that look at it on papers at the UT refused my application. I renew at oral hearing, i submit the same ground that I was never an overstayer and that I meet the requirement of the rules.

When the Counsel of the SSHD saw that he was loosing the case, he said I didn't provide evidence to substantiate my claim that I meet the requirement of paragragh 276 ade (vi) when it shows that I did provide evidence to substantiate my claim.

Though those evidence I submitted was not placed before the judge of the UT that look at my renewal application and he refused my Judicial review.

When the judge that refused my renewal application want to write its written judgement he didn't write anything in the determination just write "Refused and claimant should pay SSHD £90 for AOS".

The judge of the UT does not write any reason for refusing my application just say refused only and during the oral renewal he told me to put in more information for SSHD to determine my application properly.

I challenged it to the Court of Appeal that I provide evidence that the SSHD was lying and that she didn't look at my evidence at all. The SSHD does not challenged my grounds at the Court of Appeal and they do not provide any written statement to counter my claim

So court of appeal look at my bundles on the paper refused me on the basis that the judge was clearly right to say I didn't provide evidence to substantiate my claim.

I renew the claim at the oral renewal and my oral renewal at the Court of Appeal was made "Oral application renewal without notice to the SSHD".

This application was attended by my counsel and he provides his grounds, law and skeletal argument.

But during my oral renewal at the Court of Appeal the Court of Appeal judge still say I should put in more evidence to my application and submit further evidence to the SSHD that my own statement was not with the affidavit that was done by my parents and siblings that it is like they are the ones that want me to stay in the UK and not me.

But my counsel argue it that I was never an overstayer that the SSHD and UT is just interfering with my family life unnecessary and not in accordance with the law.

Still the Court of Appeal refused my oral renewal application and when I received the determination, i just received " refused, no order as to cost". No reason, no review of the law.

Please obie and co! help me please!!

I have already put in a new application to the Home Office last week together with a new evidence and previous evidence that was ignored by them as the Court of appeal instructed me to do including my counsel grounds and skeletal argument.

Thank you.

[MyGodisable]

Also, Obie & co,

What is the effect of the Court of Appeal decision on my new application when i was not:

1. an overstayer

2. The court of appeal accept i was never an overstayer that i have 28 day to put in another application, which i did the same day the court of appeal refused my judicial review oral hearing.

3. will that application be considered by the Home Office as overstayer application in light of my explanation in the column above and in light of the decision that was written without any reason or explanation by the court why my JR was refused on the written determination.

Please help me!

[MyGodisable]

Dear All,

After my JR sagga with the Home Office from the Court of Appeal in which the Court of Appeal ask me to provide my own statement with my previous application and re-submit to the Home Office.

I make a new application to the Home Office in February 2016 still based on "Paragraph 276 ade (vi)-no ties and my own family and private life"

Today i received a call from my solicitor that Home Office sent me a questionnnaire with some questions and my biometric enrolment letter.

The question my solicitor said that they sent to me are (we discussed this question on the phone today):

1. Have I been refused any application in the UK and Outside the UK before

2. My status (i am still on temporary admission reporting every two weeks though Court of Appeal accepts that I was never an overstayer that it was the fault of the case worker). Also all of my evidence in the previous application were not taken into account by the Home Office.

The application that i was refused before when i was in Nigeria are:

a. visting visa to visit my parents in the UK (this was refused twice on the basis that i was unemployed and will not return back to Nigeria)

b. Australian student visa (though i did not include this in my previous application and current application in the UK)
My solicitor said since i don't include it in my current and previous application in the UK i don't need to include it in the questionnaire and that I should only include the visit visa tat was refused in it since that is what i have been including in my application in the UK with the Home Office.

The application that was refused in the UK are:

a. My article 8 (Family and private life) and under paragraph 276 ade (vi). when i make this application i was never an overstayer and argument that was accepted by the court of appeal.

That is why the Court of Appeal doesn't write anything in their determination except refused with no order as to cost. No review of the law and nothing.

Please moderators, is this a good sign or bad sign for me from the Home Office. please i need your guidance i am beginning to be worried again.

Thank you all.

[MyGodisable]

@Innocent15 and joelondon,

Thank you for sharing your success with us. Please I need your help to the following questions:

I recently received a questionnaire from the Home Office regarding my flr(fp) application on paragraph 276 ade (vi)-no ties/very significant obstacles rule and my family and private life, which consist the following question:

1. Have I been refused a visa outside the UK before

2. Have I been refused a visa in the UK before

3. My mode of entry to the UK.

4. Has any of you received a biometric enrolment letter for flr(fp) with "No ICD number" (please this question 4 is very important please advise me on it)..

My solicitor explain to me that the new biometric enrolment letter that was sent to me today doesn't have any ICD number except my case number only. I haven't received it yet to check.

Note: the previous article 8 flr(fp) application that I did last year, the biometric enrolment letter has an ICD number and it was ICD.4044 but this one the solicitor says it doesn't have any number like that.

Please the two wonderful people help me please> i am becoming uncomfortable with this Home Office. Thank you.

[joelondon]

@Innocent15 and joelondon,

Thank you for sharing your success with us. Please I need your help to the following questions:

I recently received a questionnaire from the Home Office regarding my flr(fp) application on paragraph 276 ade (vi)-no ties/very significant obstacles rule and my family and private life, which consist the following question:

1. Have I been refused a visa outside the UK before

2. Have I been refused a visa in the UK before

3. My mode of entry to the UK.

4. Has any of you received a biometric enrolment letter for flr(fp) with "No ICD number" (please this question 4 is very important please advise me on it)..

My solicitor explain to me that the new biometric enrolment letter that was sent to me today doesn't have any ICD number except my case number only. I haven't received it yet to check.

Note: the previous article 8 flr(fp) application that I did last year, the biometric enrolment letter has an ICD number and it was ICD.4044 but this one the solicitor says it doesn't have any number like that.

Please the two wonderful people help me please> i am becoming uncomfortable with this Home Office. Thank you.

hi wish u good luck with your application , regarding the icd number , It wasnt on the bio letter, only the case number , hope this helps and good luck
Keep us updated

[MyGodisable]

@ joelondon,

Thank you very much for your support. i will keep you updated as it goes.

Actually I haven't received the biometric enrolment letter yet from him (my solicitor). He just call me today.

Concerning the issue of questionnaire. I have re-confirmed from him (my solicitor). He said he was the one asking me those questions and not the Home Office.

So i am sorry for the wrong information I gave concerning the questionnaire. But regarding the biometric letter I will surely update you on the FLR(FP) thread as i received it.

I will also update you as it goes generally regarding my application. Thank you very much I really appreciate your concern and effort.

[MyGodisable]

@ joelondon,

I just received my biometric letter today.

I am really depressed, it is like this people are trying to deny me my leave to remain again.

The biometric enrolment letter i got have the following number for identification.

1. My Case reference number

2. An ICD Number at the bottom of the biometric enrolment letter (ICD.4044).

I don't know if this is because of the rule i am applying for which is paragraph 276 ade (vi).

I also make an argument concerning my family life as well.

But is as if they are just giving me the same letter all over again. I am really confused and worried.

Please anyone with any idea. people are not receiving any ICD Number at the bottom of their biometric enrolment letter. Why me? I@m really depressed.

[MyGodisable]

Hello viewers,

Please I was on temporary admission (is96) reporting at Eaton House every "2 weeks" for two years now.

I have an flr(fp) pending, biometric done and waiting for decision. Now today I went for my reporting as usual and the enforcement officer says she needs to issue a new is.96 letter to me.

The new is.96 letter issue to me today says my reporting is now once in a month.

She also tick a section in the form, which is option A: A person without leave who has been served with a notice of liability to removal.

Before option B on the form was ticked, now she changed it to section A above. When she tick option A she was smiling at me, why?

I haven't receive any decision yet on my application.

Please viewers any idea.

Thank you.

[CR001]

When she tick option A she was smiling at me, why?

You want us to guess why she was smiling at you? Maybe she was being friendly, maybe she was showing sympathy. Good grief, we know a lot but this would be pure guesswork.

[uk71]

I do feel for you. Just dont give up. When did you apply your flr fp

[CR001]

I do feel for you. Just dont give up. When did you apply your flr fp

Please do take the time to read the whole thread from the beginning, it is all detailed.

[Simba1]

Good afternoon, live in UK for more than five years, and since I arrived I've been trying and applying to the family member EEA resident card visa and always refused and asking for more evidence, I did biometry follow all the rules and never live in illegal UK, ever visa process all impossible documents from my I coined and sister and nieces British, recently applied and received the letter to appear in Becker street for new IS96 reporting documents, I was on the schedule for the first time, and asked to come back on Monday, what should I do in the second schedule?
[/b]I'm afraid even with family here and living in the same address I run some risk, or if the event is held will be warned, like some guidance ?



King regards
Clovis