Reconsideration waiting time and JR

Hi
My wife ILR application was refused unlawfully even she was applied flr m before April 2014 and was granted 2 years visa she was here from 2007 so we have applied ilr which was refused and 2 year visa was cancelled saying that it was error and was given her 29 month visa.even they have mentioned wrong dates on refusal letter.

as per members advised i have written them reconsideration letter its nearly two month now i have not received any response so kindly advice me what to do. can i send them PREACTION PROTOCOL LETTER and if yes i hope that will not impact negative and what will happen my reconsideration request some one told me that will be null and void and HO can give you more trouble as they might ask some more documents.

kindly help me out can should i write PAP letter myself or i must need to go solicitor if yes any one got template for that letter and where to send
thanks

I think in order to file JR applicant first need to send Pre Action protocol letter to UKBA and applicant has must file it within 90 days after the refusal or wrong decision.
If you don't received the answer for reconsideration in next few days (within 90 days)
I think you should send pre action protocol letter to them.

seniors and moderator correct me if i am wrong.

In non emergency cases where removal directions is not imminent a pre action protocol should be served.

It is best to set out the law, and how it has been breached, what actions they should take to bring an end to the breach, how long you are giving them to remedy the breach .

When you will proceed with the JR if they do not overturn their decision.

A PAP can only speed thing up.

Thanks for ur reply
i just want to know than can i write them PAP letter myself or i need solicitor as i dont want to go for jr as its a long time and waisting of money procedure
but i hope only letter will help but not sure if any moderate through light plz

I don't believe your case will likely go far.

The law is clear, there has been a breach.

You can do the PAP yourself , if you know the law.

Thanks obie
You r right it's understood they have breach the law and made wrong decision on my wife case as some of members got same situation got ILR on first November without any question so law and rules should be equal for alls
And also PAP letter will be same like reconsideration letter only needs to mention give them 14 days time before go for JR and need to send pap team if I am not wrong Or just give so e guideline plz

The PAP Is more technical .

It sets out legal principal, and probably case law to demonstrate to the decision maker that their decision is clearly wrong.

Ooh so PAP is not same like reconsideration letter even though I have explain there all rules which should have to apply on our case
Any one got pre action protocol letter specimen / format plz share here to guide

this is pap letter which i sent through solicitor 1 week ago and tody home office accept thier mistake and request my passport for reconsideration .and this is just sugestion






Judicial Review Management Unit Dated: abc
UK Border Agency
Lunar House
40 Wellesley Road
Croydon
CR9 2RL
UKBAPAP@homeoffice.gsi.gov.uk


Dear Sirs,

RE: Letter Before Action

The Applicants

Abc
Dob:
Nationality:
H O reference




Reference Detail:


On abcth October 2014, the applicant having resided in the United Kingdom for 5 years continuous as a Tier1 General Migrant applied for Indefinite Leave to Remain in the United Kingdom ar applied for Indefinite Leave to Remain as his partner.

The application was made by way of same day service at PEO Home Office abc and it’s was on the same day their applications was refused, for reasons stated below:

(just type refusal letter complet

“Your application has been considered in accordance with Paragraph abc of the Immigration Rules. Paragraph abc (states:.................................................................


Applicant abc not given right of appeal because as both applicant’s still had leave to remain in the United Kingdom until the abc
We have been instructed by the above named applicant in regards to their immigration matter and would therefore kindly request that all future correspondence pertinent to our client’s matter is forward to us.

This letter is intended to comply with the Pre-Action Protocol for Judicial Review and you are hereby put on notice that if you fail to comply with our request within 14 days of the date hereof our client will issue proceedings in the Upper Tribunal.

This letter is intended to comply with the Pre-Action

THE DETAILS OF THE MATTER BEING CHALLENGED:
Decision under Paragraph abc

Your decision to refuse the applicant’s application under Paragraph abc is not correct and against the facts of the applicant’s case as:

(Write down statement of challenge and give full detail why home office case reject and why was this wrong)

All the facts mentioned above and evidence provided with this letter clearly demonstrate and make it apparent that your decision under Paragraph abc is wrong as the applicant has not fall under paragraph abc for Indefinite Leave to Remain which was submitted on th. abc


Decision under Paragraph abc

You have wrongly applied Paragraph abc of the Immigration Rules to the applicant’s application and his case does not fall for refusal under the paragraph abc


.

In view of the forgoing, it seems that the relevant caseworker has not given due care and proper attention to the applicant’s application and made decision hurried and slipshod manner which is unfair and unreasonable.

Under duty of common law fairness, you have a responsibility to act fairly when carrying out your functions as a public body, this view was properly represented and set out in the numerous Tribunal decisions.

The applicant therefore relies on ……..write some case detail if possible

“A failure to act fairly is a failure to act in accordance with the law and a failure to make a decision in accordance with the law is a ground of appeal to the tribunal under s.84(1)(e) of the Nationality Immigration and Asylum Act 2002”
his case does not fall under Paragraph abc and Paragraph abc of the Immigration Rules. In these circumstances we would therefore request that you review your decision and approve the applicant’s application for Indefinite Leave to Remain.
As stated above, in the event that you fail to accede to the requests made herein within 14 days of the date hereof the applicant’s will issue a claim for Judicial Review in order to compel you to do the same.
THE DETAILS OF THE ACTION THAT THE DEFENDANT IS EXPECTED TO TAKE
You are asked to reconsider abc and his partner’s applications and grant him Indefinite Leave to Remain.

THE DETAILS OF THE LEGAL ADVISERS, IF ANY, DEALING WITH THIS CLAIM

Solisiter if any


THE DETAILS OF ANY INTERESTED PARTIES

The Secretary of State for Home Department
Home Office

PEO visa centre adress
THE ADDRESS FOR REPLY AND SERVICE OF COURT DOCUMENTS
Address:abc
PROPOSED REPLY DATE
No later than 14 days from the date of this letter.
If you have any further query, please do not hesitate to contact us.
Yours faithfully,
Enclosures:
1. Home Office Decisions
2. Any evidence
3. evidence.
4. ........................

Hi Ali
Thanks a lot brother this letter has given me great help jazak mo Allah khair
But I don't have any solicitor can I write PAP myself or must need to send through solicitor any one can share experience plz
I believe facts will be same they are wrong let see hope for the best any senior plz

You don't necessarily need a solicitor to do it, if you are sure of what you are doing.

Good evening Obie
As I resend my passports as requested by home office in reply of PAp letter.
my query is how much time home office will take to decide my application as they already accept thier mistake and agree to reconsider my case.

Hi All
My JR is in progress which I have done without a solicitor. I have received 3 letters from Treasury Solicitors and one directly from Home office with withdraw JR and send the application again for reconsideration.
I had applied for ILR which was incorrectly refused . I wrote many letters for reconsideration but they did not even acknowledge whether they will reconsider or not . Now i refuse to let them reconsider as there is absolutley nothing to reconsider. I have been threatened that I will win the case but still home office will try and claim costs from me as I have not accepted their offer. I have clearly stated that I need a visa first as I have paid the fee and got incorrect desion and tehy have had 5 months to re consider and alltogether 11 months.
So my friends I would not suggest anyone should wait fro reconsideration response as JR needs to be started in 3 months.

Also I have today recieved a phone call directly from treasury solicitor dealing pleading and threatening me to withdraw JR. my argument was if they can give visa on same day service then why cant they give when they have realised they are wrong, and if i agree for re consideration again i will have to wait for ever as my file would be put in a dark hole .Guys if we are correct there is nothing to lose and nothing to fear . we have paid the fee which is extremely high and just got frustration in return so always fight for the correct desicion.

hi diehard
then what answer T soliciter give to you.did they agree to issue visa ?
i am still waiting decision i send my passport to HO for recinsideration and even HO admit thier mistake in reply op pap letter....they r rubbish .....taking too much time playing wit our emotions.

Hi Ali, treasury sols has requested me to give 2weeks to get instructions from her client ( Home Office). my condition is that grant me visa OR ask me to come with documents and decide in the day . so i will find out what they say by dec first week. I have made it very clear that I do not want any more proposals of reconsideration even though she guaranteed that within 3 months I will get a decsion.

Also she said all JR can do is quash the incorrect decison and make a new one which they are willing to do, I said I prefer that coming from a Judge at least then i know that HO will work on it and not sit on it for another 6 months ! I said I am writing to court to proceed with JR as i dont want to accept your consent order and u do not want to accept mine, then she begged for 2 weeks time.so lets see , anyway i have been given 2 years stay so i dont have nothing to lose, I will carry on.

Worst thing about reconsideration is there is absolutely no timescales / guidelines what so ever. The call center staff clearly says that they can take however long they want and can be more than 6 months !!!!

Hi diehard
Can u plz share what's the procedure for JR how much the court fees how does it can manage with out solicitor.
I have sent PAp to home office no response one week is gone I don't think so they will even reply as my three months period will be finish on 6 December
My wife case is very straight forward but case worker mess around and refused without seen the dates of my flr m even he mentioned wrong dates on refusal letter I can won the case in seconds
Plz advice

Hi diehard
Can u plz share what's the procedure for JR how much the court fees how does it can manage with out solicitor.
I have sent PAp to home office no response one week is gone I don't think so they will even reply as my three months period will be finish on 6 December
My wife case is very straight forward but case worker mess around and refused without seen the dates of my wife flr m even he mentioned wrong dates on refusal letter I can won the case in seconds
So Plz advice

Hi diehard
Can u plz share what's the procedure for JR how much the court fees how does it can manage with out solicitor.
I have sent PAp to home office no response one week is gone I don't think so they will even reply as my three months period will be finish on 6 December
My wife case is very straight forward but case worker mess around and refused without seen the dates of my wife flr m even he mentioned wrong dates on refusal letter I can won the case in seconds
So Plz advice

hi miangee

we all victim of HO negligence and carelessness.
in my case as well HO office admit in reply of PAP letter that their was mistake done by case worker and ask me to send passports for reconsideration which i send two weeks ago.i paid 400 extra at PEO and paid about 500 pound to solicitor for pap....still waiting result of reconsideration .....and getting punishment of case worker fault.

Hi Miangee, u need to just wait 14 days if u have sent pap, then u can just fill the JR Form and send them a cheque of £140 with the details but within 90 days of decision letter.
if they havnt responded to your pap, u can mention this in your JR form, any help require feel free to ask.

Miangee just wait till 2dec and file for JR, they are useless clowns working who will not reply to anything as they have no fear of being fined like other organisations or banks.

Hi Ali did they ask you just for passport or for the full application. In.my case they asked me for the whole application again which made me furious.