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ILR

Posted: Sun Jan 25, 2015 11:40 pm
by Muhammad1976
Hi guys,

I hope any one can help me I'm very worried for last 2.5 years, in 2012 I applied teir 1 visa wich was refused with right to appeal, later it was refused from upper tribunal, I approached for JR And finally judge made decision in my favour and ask HO to review application, My solicitor told me I'm on 3C rule, now it's been 10 years in UK, my solicitor submit new application ILR where as my old case is still pending in HO, it's been 2 weeks now I didn't receive any response neither they take money out from my account. I can't sleep now a days I don't know what to do please advice me as best of your expert knowledge.

Thank you

Meem

Re: ILR

Posted: Mon Jan 26, 2015 1:02 am
by Obie
I don't accept the Solicitors view at all.

A Judicial Review is not a Statutory right of appeal within the meaning of Section 3C or Section 82 of the Nationality Immigration and Asylum act 2002.

Unless the Court found that the decision is unlawful, such that you case remain outstanding awaiting a lawful decision, or quash the Secretary of State's refusal, there will be no Section 3C, and therefore your solicitor, may not have interpreted the law properly.

Re: ILR

Posted: Mon Jan 26, 2015 1:08 am
by Muhammad1976
Yes you are right judge quash the secretary of state dicision, and ask to review, what does it mean.

Re: ILR

Posted: Mon Jan 26, 2015 1:13 am
by Muhammad1976
Considering this fact am I eligible to apply for 10 years rule. Thank you

Re: ILR

Posted: Mon Jan 26, 2015 1:36 am
by Obie
I simply do not know.

UKBA can pray in aid to the fact that you appeal rights have been exhausted, and 28 days after the Tribunal refuse you permission to appeal, you section 3C right elapses.

If the high court quash the Upper Tribunal refusal decision following the Cart Judicial review, then there is a strong case that Section 3C continues to apply and is effective.

If you obtained a remedy outside the Cart Judicial Review framework, then it is difficult to see how the view of your solicitor can be correct.

Re: ILR

Posted: Mon Jan 26, 2015 9:54 pm
by Muhammad1976
I submitted ILR form 2 weeks ago, I checked it is been received in HO, but they didn't send me acknowledgement neither take money out or any kind of correspondence, what should I do who Do I contact.

Re: ILR

Posted: Wed Jan 28, 2015 2:43 am
by Muhammad1976
Hi Obie
Can you please give me your email I want to contact you

Re: ILR

Posted: Wed Jan 28, 2015 9:54 am
by Muhammad1976
Thanks obieu

Re: ILR

Posted: Wed Jan 28, 2015 10:19 am
by Muhammad1976
Hi obie

No communication from HO how do I chase they considering my application.

Thanks