can ukvi just pull out of my Article 8 case

shirl157 wrote:We were having a judicial review,to force them to make a decision,And they came up with an offer to Apply under Zambrano,which we did they then refused that

Why did they do that - make an offer and then refuse?

That is common practise with Home Office.

They will say they will consider, but that consideration does not automatically equate yo success.

You could end up with a refusal

It's seems unethical, making an offer to reconsider and then refusing. They applicants may have a legitimate expectation that the application may succeed. Else, they would have continued on with the JR.

Well they could argue that the terms of their agreement is to reconsider. Reconsideration does not necessarily amount to a grant .

That even if a person succeeds in a Judicial Review as opposed to a Statutory appeal, there is not a guarantee they will get a visa . The judge will simply quash a decision and remit it to a decision maker to consider in accordance with their judgement .

It is only in few exceptional cases that mandatory orders are made.

If the Secretary of State make a lawful decision, and provided of course it is not Wednesbury unreasonable , then a person will not succeed in a Judicial review, as JR is not about the merit of a case but it's lawfulness.

Matters of merits are usually ventilated at the appeals stage at the Tribunal.

Unfortunately Vinny, that is how the British system works.

I dont think you have quite understood what i am saying The Judicial review was to get them to make a decision as it his unlawful for them not to have made one for all this time,And if they havent made one in nxt 3 weeks the judge is going to make the decision