section 3d during judicial review

[adat7378]

Hi,

My appeal has been dismissed by the upper tribunal. I am now going for the judicial review. Will my 3d leave be extended or it has ended on the day the upper tribunal made decision.

Thanks.

[ashiec]

Hi,

My appeal has been dismissed by the upper tribunal. I am now going for the judicial review. Will my 3d leave be extended or it has ended on the day the upper tribunal made decision.

Thanks.

why didn't go to the court of appeal first?

as far as i am concerned if you apply for judicial review in 12 days, you will be fine;

[Obie]

What could extend a section 3d right is a statutory right of Appeal which it seems the OP would have had, had he proceeded to the Court of Appeal.

It is questionable if the High Court will accomodate a JR application, expect if the circumstances is truely exceptional, when you have a right to seek permission from the Upper Tribunal or the court of Appeal to appeal to the court of Appeal.

It is arguable if you succeed in your claim, it may be argued you should be treated as someone who had a section 3d right.

[adat7378]

The upper tribunal's decision is an excluded decision in my case. So I don't think I can appeal to the court of appeal.

While the JR continue, is my stay in UK lawful? I understand it does not count towards continuous residence if I do not win. But is my stay lawful during this?

[Obie]

It can only be an excluded decision if you were seeking permission to appeal the decision of the First tier tribunal and that application was rejected.

It is quite different from the impression given on your post, which is that the Upper Tribunal assessed your substantive appeal of the FTT and upheld it.

The only remedy in your case is JR. JR is not covered by 3d.

JR is not a statutory right of Appeal, it is not usuallyvs statutory bar to removal like appeal. It does not confer Section 3d right. I accept that UKBA tend to suspend removal if there is a JR application

[ashiec]

i think if you choose to apply for JR, you must make sure it will stick aka the outcome is positive otherwise as soon as you apply for JR you can leave the country and return back within 6 months and continue with your long residency.

let us know what your solicitor has advised you to do and what decision you have made.

this will be helpful to others who are in the same position.