Reconsider application in Pre Action Protocol

[Aamirminsa]

This is a letter of response in accordance with the provisions of the Pre-Action Protocol for Judicial Review. A copy of this can be found at: www.justice.gov.uk.
1. TheClaimant
Xxxxxxx
2. From
Secretary of State for the Home Department.
3. References
Your Ref: KF:KFxxxxxxx
HO Ref: SHEFCxxxxx
4. Details of the matter being challenged
You wrote to the Home Office on 10 December 2019, which we received on 12 December 2019, challenging the Secretary of State’s decision dated 25 September 2019.
You have asked for the following relief:
The Secretary of State reconsider her decision dated 25 September 2019 and issue your client with Entry Clearance to the United Kingdom as an Overseas Business Representative.
5. Response to the matters raised
The Secretary of State has reviewed the decision dated 25 September 2019 will now proceed to reconsider the matter in the light of the evidence and representations you have made. You will be contacted within 4 months of the date of this letter regarding the outcome of this reconsideration.
6. Details of any other interested parties
None cited.
7. Address for service of court documents
ICD.4816 1 of 2
PO Box 3468
Sheffield
S3 8WA
Tel 0300 123 2241
Fax On request
Web www.gov.uk/uk-visas-immigration

The Secretary of State has considered your request and deems that a sufficient remedy has been provided. Therefore, the Pre- Action Protocol is now considered to be concluded.
However, if you wish to proceed to Judicial Review, the service address for Judicial Reviews issued in the Upper Tribunal is:
Litigation Allocation Unit, 6 New Square, Bedfont Lakes, Feltham, Middlesex, TW14 8HA.
The service address for Judicial Reviews issued in the Administrative Court is:
Government Legal Department, One Kemble Street, London WC2B 4TS.
Please note Judicial Reviews issued in the Administrative Court should continue to be served on the Government Legal Department.
From 6 April 2016, immigration applications may be refused if the applicant owes a litigation debt to the Home Office. We wish to remind you that failure to pay any costs awarded against you by the court or tribunal should you proceed with litigation in this case may affect the success of any future immigration application that you make.
Yours faithfully,
Xxxxxxx
Lit Ops
Appeals, Litigation and Admin Review
On behalf of the Secretary of State for the Home Department
The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicati ... on-use-in- borders-immigration-and-citizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.
ICD.4816 2 of 2

[uzma555]

Hi Amir
I got same email and they ask me to wait for 3 months and they will reconsider my case. I dont know what does it mean. even the wording is also same in my email which i recieve from home office. I dont know what will happen next to us.

[Aamirminsa]

Hi Uzma
When you received and which category you applied ???

[uzma555]

Hi Aamir minsa
i Applied for tier 4 visa and got refusal on the basis of credibility interview ECO thinks that i am not a genuine student then i applied for administrative review and got refusal review now my solicitor thinks that my case is very strong and he applied for Pre action protocol and i receive the same email like above member had received.
The Home office took 3 months to reconsider my case in the light of evidences provided by me.
I got the email on 12th Dec,2019 and still waiting. I dont know whats gonna be happens. Please anyone had the same experience then please share.

[Aamirminsa]

Thank you Uzma I am also waiting any how they mentioned 4 months in my case I applied Sole representative business visa , I will share if i will get something back and please you also

[uzma555]

no one is replying to our post and sharing the experience.

[Sobi143s]

Thank you Uzma I am also waiting any how they mentioned 4 months in my case I applied Sole representative business visa , I will share if i will get something back and please you also

Aoa amir.
I also applied for sole representative visa, refused by eco, received pap response email 28 jan 2020. They will contact within three month for result outcome. Any update from your end amirminsa
I received same pap response email like you.
My interview was on 5 dec 2019. Now waiting for final outcome.

[Sobi143s]

Visa category: sole representative
pap apply date: 24 jan 2020
Pap response date from home office: 27 Jan 2020

i) The Secretary of State has reviewed the decision of 06/12/2019 and will now proceed to reconsider the matter in the light of the evidence and representations you have made. You will be contacted within 3 months of the date of this letter regarding the outcome of this reconsideration.

What’s happened with you amirminsa, any update from home office, will be thankful for your kind reply.

[Sobi143s]

Further 4 march 2020 is last date to apply judicial review. 3 months will be completed on 4 March, from the date of first decision. Did you apply for judicial review or not?
Any suggestions for me if you have?

[Asif Aziz]

i have also applied as sole representative visa ,even my interview was good and clear but ECO make one line decision "i am not satisfied ,you have been ever employee of Your company " This was shocking ,i am 30% shareholder and Senior employee from a year , Attach all important documents, slip/ledgers/Audit reports . But Home office behave very Odd. I feel home office name should Change , It should be Refusal Office. even when you are genuine seekers. Now i applied AR , but after 29 days no reply from them . even 28 days are line for decision.

[Sobi143s]

i have also applied as sole representative visa ,even my interview was good and clear but ECO make one line decision "i am not satisfied ,you have been ever employee of Your company " This was shocking ,i am 30% shareholder and Senior employee from a year , Attach all important documents, slip/ledgers/Audit reports . But Home office behave very Odd. I feel home office name should Change , It should be Refusal Office. even when you are genuine seekers. Now i applied AR , but after 29 days no reply from them . even 28 days are line for decision.

Do not worry they will reply for admin review. You can email them for admin review status.

[Asif Aziz]

i have also applied as sole representative visa ,even my interview was good and clear but ECO make one line decision "i am not satisfied ,you have been ever employee of Your company " This was shocking ,i am 30% shareholder and Senior employee from a year , Attach all important documents, slip/ledgers/Audit reports . But Home office behave very Odd. I feel home office name should Change , It should be Refusal Office. even when you are genuine seekers. Now i applied AR , but after 29 days no reply from them . even 28 days are line for decision.

Do not worry they will reply for admin review. You can email them for admin review status.

Is there chance of AR in successful or they will keep their staff's decision , i means they support ECO decision.
ECM follow the last refusal or check the Objection independently . I saw very few result in different at internet.

[Sobi143s]

It depends on case. I noticed Mostly HO refuses admin review . Home office try to keep long process for visa grant . If case is genuine, admin review may be successful. First send email the home office to take the AR outcome. Let me know about AR outcome as you receive email from home office.

[Sobi143s]

I am waiting for result of pap reconsideration. My AR was refused. Applied for pap, 3 months was given for outcome. One month is remaining. Let’s see what’s happened.

[Asif Aziz]

Before two days ,i emailed the admin review department , they said ,it is confirmed that the decision has made on your application and send back to the original decision maker and maybe further action required.
I understand they made decision. "But what was the further action required by them??"
and the original decision maker are Sheffield or Dubai embassy.

[Sobi143s]

Same email was sent in my admin review. hope you may get decision on monday. Be positive bro. There will be good news. Original decision center is Sheffield.

[Asif Aziz]

yes you are right because the refusal was also from Sheffield reference Number .
But what was the meanings of further action maybe required ?

[Sobi143s]

After admin review refused, you will put Pre action protocol, a 14 day notice for home office. They will again reconsider your case.

[Sobi143s]

yes you are right because the refusal was also from Sheffield reference Number .
But what was the meanings of further action maybe required ?

You will receive Final decision, yes or no.
yes: you will receive a link to pay IHS Fee and ask to Submit passport again for visa grant.
No: you may process pre action protocol.

[Asif Aziz]

thank you so much. Your understanding approach and answering as well both are excellent. will you introduce yourself . I really inspired from yours answers and knowledge.i emailed to Sheffield for the reply of decision . but not received any response till now . Hope they will reply soon and sure i will let you know first.

[Asif Aziz]

how was you AR refusal , I means they wrote new grounds or maintain the original decision of ECO. and what was the ground at which they refused .

[Sobi143s]

how was you AR refusal , I means they wrote new grounds or maintain the original decision of ECO. and what was the ground at which they refused .

1. Recruitment
2. Already representative

These were two points and also maintained in admin review but home admitted the first point that you are company employee but recruitment was not formal. While according to cooperate law SECP Pakistan, recruitment was legal and formal. And case worker not read the case carefully, i provided the solid evidence related to 2nd point in pap, home office asked to reconsider the case within 3 months. Now waiting 4 final outcome

[Asif Aziz]

i also got refusal at recruitment Only. We are two partners from 2006 at 50-50 but in 2019 ,i sold my shares to him and got position at 30%. from 6 month the company recruited me as Chief Operating Officer at good salary.
Our company also follow all rules of available in Pakistan Act. Accounts/Audit and also these deeds at registrar office too. I attached with application a strong documents which are necessary. Salary slips/Bank reflection/Salary ledger/Addendum/Appointment letter ,i also given Interview where he also asked about so many question and i gave as we are mentioned and working. He asked me different question about accounts and plan too , I was much confident but no success. "Just write you have not recruited as employee" according to 144 paragraph , i already read much about this paragraph before application.

[Sobi143s]

i also got refusal at recruitment Only. We are two partners from 2006 at 50-50 but in 2019 ,i sold my shares to him and got position at 30%. from 6 month the company recruited me as Chief Operating Officer at good salary.
Our company also follow all rules of available in Pakistan Act. Accounts/Audit and also these deeds at registrar office too. I attached with application a strong documents which are necessary. Salary slips/Bank reflection/Salary ledger/Addendum/Appointment letter ,i also given Interview where he also asked about so many question and i gave as we are mentioned and working. He asked me different question about accounts and plan too , I was much confident but no success. "Just write you have not recruited as employee" according to 144 paragraph , i already read much about this paragraph before application.

Bro Same case is mine. Be positive lets see what will happen . These are delaying tactics to lengthen the process. British immigration laws are flexible you can turn in anyway. Law paragraphs are not clear detailed.
Further no do - non English text removed by moderator.

[Asif Aziz]

Yes you are right. there is no definite rule for requirement. rest of other clauses clear . I also read at other forums the home office can play at this point where is some not clear. so let see what happend at my AR. what about your dead line of PAP.