Judicial Review Application - Tier 1 (Entrepreneur)

[Onlyravian]

Dear all,

I have applied for Tier 1 (Entrepreneur) application in Pakistan on 04/01/2018. I was interviewed on 24/01/2018. My application was refused on 29/01/2018. The Entry Clearance Officer (hereafter ECO) awarded me all the requisite points i.e. 95 but made three observations as basis of refusal. These observations were, mainly, about the business plan and the interview. It is clear from his observations that he did not bother to read the business plan and he is absolutely unaware of the business idea. It appears that he speculated every time, throughout the refusal decision, because whenever he referred to my business plan, he made a mistake. For instance, saying my business plan did not have some particular detail which it clearly had. Also, the interview questions were very general in nature and he did not relate any question to my business plan. It seemed that ECO just followed a structured pro-forma.

I highlighted all the errors made by the ECO and applied for administrative review request on 21/02/2018. I got the AR response back on 07/03/2018. The Entry Clearance Manager (hereafter ECM) withdrew the first observation of the decision but maintained the remaining two observations of the ECO's original decision. He did not challenge any of the information that I provided in the AR application but sated that I should have conveyed this at the time of interview. Now, irony of the matter is, how can I provide this information at interview unless I have been asked a relevant question. Moreover, he avoided to comment on the ECO's mistakes that were highlighted in the application and overlooked the facts.

First, I thought to reapply but then, what could I do differently in the new application. The grounds of refusal are non existent and the ECO just made them up somehow with his presumptuous mind.

I prepared Pre-action Protocol (PAP) application and applied on 06/04/2018 and got a response back on 23/04/2018. The additional reviewer gave a very general response saying that she is not satisfied like the ECO and the ECM. In the meantime, I have requested interview transcript through SAR request. I have got a letter back saying that my photo ID (passport) needs to be attested by either a solicitor, a registered charity or oath commissioner in the UK. How can I get this attested in the UK while I am in the Pakistan?

Now, I have decided to go for Judicial review (JR) application. I have been chasing up law firms since the PAP decision. To my surprise, the law firms are hell expensive and I have got quotes like 10-20K for this private JR application. I am thinking to lodge this application by myself. I believe, a part of recent case: R (on the application of Anjum) v Entry Clearance Officer, Islamabad (entrepreneur – business expansion – fairness generally) is going to be very relevant to my case. My questions are:

Is 3 months deadline applicable in my case? (in guidlines it says 3 months from the original decision whereas a law firm told me that it is from the AR decision)

Is there any way I could get the interview transcript whilst being in Pakistan?

Can I apply for the JR on my own without hiring a solicitor/barrister?

In the JR claim form there are two different sections, Section 5 Detailed statement of grounds and Section 8 Statement of facts relied on. What is the difference between section 5 and section 8?

Could anyone, who has been through same JR process, possibly share the template of JR claim form for me to use as guide?

Please advise considering my current situation. Your help would be greatly appreciated.

Best regards,

[zimba]

As repeatedly discussed on this forum, JR has NOTHING to do with immigration rules. JR is part of the administrative law to challenge a public body in the court for acting unlawfully (being refused visa as per immigration rules is not unlawful at all).
Getting involved in a legal battle without getting proper advice is not recommended at all. So here we cannot give you legal advice on such matters and the JR procedure. JR is quite expensive to follow and has small possibility of success in most cases.
I suggest to seek advice at https://www.citizensadvice.org.uk/immigration/ as a starting point

[Soldier107]

hi i am new in this forum
i just read onlyravian and got surprised that in my case same happened
i applied in feb and in march got reply from eco and he awarded me full 95 points.
but refused by stating that he could not find relative material of publicity in the business plan infact it was there. once i applied for AR and gave the reference page number then ECM maintianed eco decision by stating that i was give chance in interview why i didnt mentions these details in interview. although it was more than 50 minutes intervew and we discused lot more and almost covered every thing but ECM reply disappointed me.
then applied for PAP and its been one month (applied on 2nd May) and didnt get any response even i shoot an reminder email as well but no reply........

[Onlyravian]

Dear Soldier107,

I would suggest to not keep high hopes from PAP as it is just a procedural thing. You'll get a standard letter saying that the additional reviewer is also not satisfied like his/her previous colleagues. You better get ready for the Judicial Review or fresh application in the meantime.

However, I am going for the Judicial Review as the refusal letter does not suggest any change that I need to make for fresh application and if I am going to apply without making any change in my fresh application then what's the point?

Should you require any further info, do let me know.

Best regards,

[Soldier107]

Thanks for reply
I really really need help can we talk or contact .

[Onlyravian]

Yes, sure.

[Soldier107]

How ....... to contact u any email or contact number

[Onlyravian]

Please let me have your email and I'll send you my details.

[Soldier107]

EMAIL REMOVED by Moderator

You are not allowed to share your personal details on the forums.

[zimba]

Members are advised to refrain from sending personal details to other members.
You could be targeted by spammers/scammers

[Soldier107]

Sorry I was not knowing and shared the id

[Soldier107]

HI,

today is 1st June and its complete month that i didn't receive reply of my PAP.
however now i have 13 days with me to over with 90 days period. i have to have my JR applied.
reviewing the for T480 but need help if i can get advice or any tips to prepare it

[Irfanlibra2017]

My PAP application is also pending since last 30 days... Still waiting for response. They did the same to me, the document was there in the application but the intentionally ignored the document and refused me. At the AR stage the new case worker did not bothered to read what i have stated in the AR form and came up with a whole new reason to keep the original decision intact.

Home office is just making money and nothing else. they are not serious anymore.

[zimba]

JR is NOT part of the immigration rules and you cannot get help here on this forum regarding the procedures.
PLEASE seek legal advice from lawyers or experts

[Onlyravian]

Just to update everyone on this forum, I lodged application to Upper Tribunal on 05/06/2018 to seek the permission for Judicial Review on paper. Yesterday, 29/06/2018, I have received acknowledgment of service from HO as they don’t want to contest this in court and have proposed a consent order. The terms are:

They will review the application within three months if I withdraw the JR application and there be no order as to costs.

Is it a good good idea to accept their proposal to settle this dispute outside the court knowingly they may come up with frivolous grounds again to refuse the entry clearance?

Is it possible to negotiate the time period with HO such as four weeks instead of three months?

It it possible to ask them to agree to pay reasonable (from PAP onward) costs?

Please advise and share your experience if any one of you has been through similar situation?

Bests regards,

[libranisb]

Dear All,
Its a very scary and disappointing situation pictured in this thread by more than one applicant. Is it normal to get such kind of refusals? Can you share your qualifications and experiences in the business which you plan to set up in UK? I thought the approval rate is higher meaning HO guys are good at processing applications as per criteria of rules..........is that not the case?


bpr and good luck to all.

[brv5254]

Dear all,

I have applied for Tier 1 (Entrepreneur) application in Pakistan on 04/01/2018. I was interviewed on 24/01/2018. My application was refused on 29/01/2018. The Entry Clearance Officer (hereafter ECO) awarded me all the requisite points i.e. 95 but made three observations as basis of refusal. These observations were, mainly, about the business plan and the interview. It is clear from his observations that he did not bother to read the business plan and he is absolutely unaware of the business idea. It appears that he speculated every time, throughout the refusal decision, because whenever he referred to my business plan, he made a mistake. For instance, saying my business plan did not have some particular detail which it clearly had. Also, the interview questions were very general in nature and he did not relate any question to my business plan. It seemed that ECO just followed a structured pro-forma.

I highlighted all the errors made by the ECO and applied for administrative review request on 21/02/2018. I got the AR response back on 07/03/2018. The Entry Clearance Manager (hereafter ECM) withdrew the first observation of the decision but maintained the remaining two observations of the ECO's original decision. He did not challenge any of the information that I provided in the AR application but sated that I should have conveyed this at the time of interview. Now, irony of the matter is, how can I provide this information at interview unless I have been asked a relevant question. Moreover, he avoided to comment on the ECO's mistakes that were highlighted in the application and overlooked the facts.

First, I thought to reapply but then, what could I do differently in the new application. The grounds of refusal are non existent and the ECO just made them up somehow with his presumptuous mind.

I prepared Pre-action Protocol (PAP) application and applied on 06/04/2018 and got a response back on 23/04/2018. The additional reviewer gave a very general response saying that she is not satisfied like the ECO and the ECM. In the meantime, I have requested interview transcript through SAR request. I have got a letter back saying that my photo ID (passport) needs to be attested by either a solicitor, a registered charity or oath commissioner in the UK. How can I get this attested in the UK while I am in the Pakistan?

Now, I have decided to go for Judicial review (JR) application. I have been chasing up law firms since the PAP decision. To my surprise, the law firms are hell expensive and I have got quotes like 10-20K for this private JR application. I am thinking to lodge this application by myself. I believe, a part of recent case: R (on the application of Anjum) v Entry Clearance Officer, Islamabad (entrepreneur – business expansion – fairness generally) is going to be very relevant to my case. My questions are:

Is 3 months deadline applicable in my case? (in guidlines it says 3 months from the original decision whereas a law firm told me that it is from the AR decision)

Is there any way I could get the interview transcript whilst being in Pakistan?

Can I apply for the JR on my own without hiring a solicitor/barrister?

In the JR claim form there are two different sections, Section 5 Detailed statement of grounds and Section 8 Statement of facts relied on. What is the difference between section 5 and section 8?

Could anyone, who has been through same JR process, possibly share the template of JR claim form for me to use as guide?

Please advise considering my current situation. Your help would be greatly appreciated.

Best regards,

hi can u clarify me, how did u receive reply to your PAP (you received reply to ur email or by post). and also u received post or email after filing JR.

[Onlyravian]

PAP- email attachment in word format (single page)

JR - received by post (acknowledgment of seevice)

[Evicra]

PAP- email attachment in word format (single page)

JR - received by post (acknowledgment of service)

hi
just thought to share my views with you. if you are sure that its ECO's fault and he is the one who didn't interpret your documents as should have been . then why dont you give it another shot and apply again.

why you should apply again?
1. its going to me much more expensive to for for JR
2. its going to be time consuming.
3. according to my understanding if you lose you may end up paying for UK embassy legal expenses also.or a ban in case you dont pay that fees

i dont think its in your favour in any way to go for JR . i got refused for silly reason 1st time. but i applied again within 2 weeks and got my T1 ent approved.
just my opinion and rest you know whats best for your future. best regards
As

[Onlyravian]

Hi As,

Thank you for your advice.

The refusal letter does not suggest or indicate any changes that need to be made. Therefore, if I am going to apply again with same documents without any making any changes then whats the point? How can I expect different result with same application?

I have already applied for JR and HO is backing out and they have recently sent me a consent order to settle the dispute outside the court. Otherwise, you are right it is expensive and tidious process.

Beat regards,

[Evicra]

HO is backing out and they have recently sent me a consent order to settle the dispute outside the court. Otherwise, you are right it is expensive and tidious process.

Beat regards,

then its better you get some legal advice.

[Bhinderatwal]

Just to update everyone on this forum, I lodged application to Upper Tribunal on 05/06/2018 to seek the permission for Judicial Review on paper. Yesterday, 29/06/2018, I have received acknowledgment of service from HO as they don’t want to contest this in court and have proposed a consent order. The terms are:

They will review the application within three months if I withdraw the JR application and there be no order as to costs.

Is it a good good idea to accept their proposal to settle this dispute outside the court knowingly they may come up with frivolous grounds again to refuse the entry clearance?

Is it possible to negotiate the time period with HO such as four weeks instead of three months?

It it possible to ask them to agree to pay reasonable (from PAP onward) costs?

Please advise and share your experience if any one of you has been through similar situation?

Bests regards,

I am on the same voat . Last month I received the same consent order after filed jr . But my solictor advice me to accept home office offer but don’t know what they goona do with in 3 months. refuse again or interview again
Please update me if you get any reply from ukba
Thx

[Onlyravian]

I have sent them amended consent order asking them to pay reasonable legal costs and they have agreed straight away. Then, both parties signed the consent order and was sent to the upper tribunal. I received sealed consent order from the the upper teibunal dated 26th July. It is almost a month now and two more to go. I have similar questions in my mind but I’ll update my timline on this forum as soon as i hear from them.

You are entitled to your legal costs and you should ask them to pay since you are getting full relief from HO. Even after winning JR the case would have been reconsidered the way it is being reconsidered now.

Where did you apply? Is it 200k application? What is your timeline?

Best regards,

[Bhinderatwal]

I have sent them amended consent order asking them to pay reasonable legal costs and they have agreed straight away. Then, both parties signed the consent order and was sent to the upper tribunal. I received sealed consent order from the the upper teibunal dated 26th July. It is almost a month now and two more to go. I have similar questions in my mind but I’ll update my timline on this forum as soon as i hear from them.

You are entitled to your legal costs and you should ask them to pay since you are getting full relief from HO. Even after winning JR the case would have been reconsidered the way it is being reconsidered now.

Where did you apply? Is it 200k application? What is your timeline?

Best regards,

We applied after my wife tier2 visa curtailed . it was 50 k venture capital application and after refused we left the UK and came back but applied for jr . I haven’t heard anything back from them after sign consent order
Good luck

[asphand]

Hi Ravian,

Any update since you last posted? I am in the same boat and preparing a PAP but I do understand a PAP is just a formality.

I have sent them amended consent order asking them to pay reasonable legal costs and they have agreed straight away. Then, both parties signed the consent order and was sent to the upper tribunal. I received sealed consent order from the the upper teibunal dated 26th July. It is almost a month now and two more to go. I have similar questions in my mind but I’ll update my timline on this forum as soon as i hear from them.

You are entitled to your legal costs and you should ask them to pay since you are getting full relief from HO. Even after winning JR the case would have been reconsidered the way it is being reconsidered now.

Where did you apply? Is it 200k application? What is your timeline?

Best regards,