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Seeking Judicial Review , please advice

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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araD
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Joined: Mon Dec 02, 2013 11:21 am

Seeking Judicial Review , please advice

Post by araD » Mon Dec 02, 2013 11:47 am

I applied for Tier 1 General in 2011 on time, paid for for fast track(same day reply), answer didn't come for 3months and 8days.

Followed a lengthy appeal and Judicial review process which was not successful (my lawyers however didn't point out that if i had been answered on time by HO as i paid i would have had time to rectify the mistake in my initial application)

HO advised finally Nov 2012 to make FLR on discretionary basis, which i did. It was refused Nov 2013 and i was asked to contact local enforcement office and that i had overstayed my leave to remain.

Seeking further(another) counsel, said the initial appeals should have been based on the fact HO deliberately delayed a reply on my application to prevent me from re-applying (though previous appeals wasn't).

I'm now considering seeking JR on that basis, any ideas, advice, experience.

I'm not a legal person, but wondering what other reasons for JR.

Another suggestion was to seek legal aid, i don't know if i'm entitled and just picking someone online seems risky. How do i go about it?

Thank you

sagareva
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Posts: 452
Joined: Fri Oct 07, 2011 6:49 pm
Location: London, United Kingdom

Post by sagareva » Tue Dec 03, 2013 2:04 pm

generally, all legal advice is usually to at least mention or in part rely on the fact that initial decision was unreasonably delayed and it caused this and that and all sorts of things

judges usually take that into account

but i do not believe in a JR founded ONLY on that in cases where actual delay was pretty mild -- 3 months by 2011 standards wasn't really that much for a postal application. although you were counting on same day, in itself it isn't a very compelling argument -- looks like your application simply was considered somewhat in line with timelines that existed for postal applications at that time

if you just want to file JR for the sake of filing, better see if you have a human rights claim and challenge removal or refusal to give you discretionary leave, whatever reasons for that were

not legal advice, just my 5 cents

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