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Pursuing Judicial Review after leaving the UK

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Madan666
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Pursuing Judicial Review after leaving the UK

Post by Madan666 » Sat Feb 11, 2017 12:35 pm

Hi ILR (Tier 1 General route 5 years of continuous residency) was refused. so, I have applied for the judicial review and it was refused on papers.

Now I have applied for the Oral reconsideration of the decision and waiting for the hearing date.
At this stage, if I leave the Uk can I able to pursue my Judicial Review from outside the UK? and return to the UK after the decision?
As I have applied for the Oral hearing in Uk and then leaving the country, will they treat my judicial review as abandoned?

Because "as per section 104(4) of the 2002 Act requires appeals under section 82 of that act to be treated as abandoned when the appellant lodges an in-country appeal while in the UK and then leaves the UK."

Is Judicial review will be treated as Appeal? because I guess they both are different.

Could someone answer my questions, Please.
Thanks in advance

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CR001
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Re: Pursuing Judicial Review after leaving the UK

Post by CR001 » Sat Feb 11, 2017 12:56 pm

Why was your ILR refused?

How will you return to the UK if you leave, you won't have a visa?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Madan666
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Joined: Fri Sep 23, 2016 5:26 am

Re: Pursuing Judicial Review after leaving the UK

Post by Madan666 » Sat Feb 11, 2017 1:23 pm

I was talking about returning to the UK, if I win the case.

Madan666
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Re: Pursuing Judicial Review after leaving the UK

Post by Madan666 » Sat Feb 11, 2017 1:32 pm

CR001 wrote:Why was your ILR refused?

How will you return to the UK if you leave, you won't have a visa?
My ILR was refused for the following reasons

My tax returns for the tax years 2009-2010 were processed manually and paid all my taxes (as I have filled them very late) and they will not be updated on HMRC systems as they were processed manually.
I didn't submit any of the HMRC documents with my application and as per the Home Office records, They are saying that "I didn't file any returns for those tax years nor paid any tax for those tax years"

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