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ILR - Judicial Review Success Story!

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EEA-route section for queries about the EEA-route settled status under Appendix EU (EU settlement scheme)

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Gorkhali
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Posts: 1
Joined: Thu Jan 26, 2017 2:03 pm

ILR - Judicial Review Success Story!

Post by Gorkhali » Thu Jan 26, 2017 3:15 pm

Dear Reader,

I have been silent reader of this board like you(I guess). Not finding many success stories of Judicial reviews frustrated me a lot and that's why I decided to post here as soon as I would know what's going to happen to my case. I do have a story to share.

In short, I applied for ILR (T1-General route) early 2016 in person. After 8.5 hours of long wait, my case worker handed me the refusal letter. The letter said I tried to lie either HMRC or UKVI by submitted different figures 5 years ago. And also asked me to leave the UK immediately. There were no questions asked before making the decision.

Since my accountant looked after all my accounts, I went back to him and asked him to check what had gone wrong. My accountant looked into my account and told me there was a typo and he was issuing me a letter verifying that. He also sent a copy of letter to HMRC for correction.

The only option I was given at that stage was Admin Review (massive waste of time BTW!). As you must be familiar with UKVI terms- none of them are clear. I double checked with UKVI staff via phone and email if I could put evidence with the Admin Review. I got positive reply saying as long as it is related to original reason for refusal, it will be fine. Everything should workout then, right? Wrong!

My Admin review was refused and I was given 6 days to leave the country. The reason given was, new evidence was not considered at this stage. Every door seemed closed for me at this point and I started contacting as many lawyers as possible. Most of them wanted money even to answer simple yes/no question. But there were few very helpful one.. So guys, don't just give up.. Keep looking you might get lucky too! With much consultation, I was advised to make new application as I was allowed to do so -being within 28 days after the leave expired.

I made a fresh application with all the evidences and clarification I could possibly collect within the time-frame that was available. I was told I would not be allowed to me same day application(Still don't know if this is true!), so I went for the postal application. Having lost the right to work, the real struggle started from here.

Four months later, all my accounts at HMRC were updated and I had already done Biometrics and all that crap. I received couple of text/calls and a post from UKVI's official torture company. They threatened to deport me and close my bank accounts. Oh ya, and they wanted to take my license away too. I simple ignored them as I knew my application was still being processed. If you are going though this stage, be prepared for that.

One random day I googled "faster decision.." and boom! to my surprise UKVI has released new money sucking program. Pay 500 pounds and get decision within a week. As living without a job was already killing me, I decided to the bite the bullet. Along with the money, they also want you to write an email explaining why they should take more money from you. Although not exactly within a week, I got my decision on 10th day. And guess what? They refused again!!!!!

The reason given this time was so bad that everyone who read the letter couldn't believe it. They said an accountant cannot make a mistake. And yet, they themselves made mistake on the same decision letter. They also claimed that I corrected only because my first application was refused.

You can only wake someone up who is sleeping, if someone is pretending to sleep, you simply can't. At this point I knew Judicial Review was the only hope. However, since I was given an opportunity to submit Admin review for the decision, I did it just to exhaust all the options. I had zero hope that Admin Review would make any difference.. And My guess was right. They refused my admin review again saying my explanation is not adequate.

Along with my solicitor, I started the JR process by sending them a PAP- a formal legal notice giving them final opportunity before you enter the legal battle. For which, they replied almost immediately accepting the challenge. After that we submitted a request for permission for Judicial Review to the court. UKVI also wrote to the court asking not to give me the permission. Around 3 months later, court decided on my favour and provided me with two hearing dates. I didn't hear anything from UKVI until the very last moment before the hearing. At this point they must have figured that I am not giving up and they have no evidence to anything they have been accusing me of. They called my solicitor and asked us to pull the case back. I was told UKVI asked for 3 months to give me a renewed decision.

Today, almost 2 months later, I received the BRP confirming my ILR approval. I still haven't received my passport back. I still don't know how much legal cost they are covering. I have been told it would be around 50-60%. Only time will tell.

My final words, if you know you are innocent like myself, don't give up the fight. You know it's not the jokers at UKVI who is doing this. Their big mummy, Mrs. T. May wants to get the immigration number down any how. And we are simply the easy targets as they don't really have time or resource to track the illegal. At times you might feel like there is no hope or there are no options. Just keep believing in yourself and keep looking, no one is greater than law in this society. It's slow, frustrating and nerve killing process but at the end you will get there. If you haven't done anything wrong, there is no reason to fear or give up your fight.

Wish you all the best!

Take Care.

Hola2015
Junior Member
Posts: 86
Joined: Sat Jul 11, 2015 11:47 am

Re: ILR - Judicial Review Success Story!

Post by Hola2015 » Thu Jan 26, 2017 3:26 pm

Congratulations.

Santosh919
Newly Registered
Posts: 23
Joined: Thu Sep 29, 2016 12:06 am

Re: ILR - Judicial Review Success Story!

Post by Santosh919 » Thu Jan 26, 2017 3:48 pm

Congratulations.

Zolar022
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Posts: 12
Joined: Thu Jan 26, 2017 3:42 pm

Re: ILR - Judicial Review Success Story!

Post by Zolar022 » Thu Jan 26, 2017 3:50 pm

Congratulations bruv and thank you for posting your success story. It is very motivating and encouraging for someone like me who has been waiting to hear such good news too.

ukishometoo
Newly Registered
Posts: 13
Joined: Fri Dec 16, 2016 11:49 am

Re: ILR - Judicial Review Success Story!

Post by ukishometoo » Fri Jan 27, 2017 12:59 am

Hi Gorkhali,

Congratulations! This is really motivating story. Could I ask when you were refused the ILR application, what was the ground the HO used? 322(2) or 322(5) or both? Many thanks!

sm12
Diamond Member
Posts: 1036
Joined: Thu Jan 31, 2013 4:14 am

Re: ILR - Judicial Review Success Story!

Post by sm12 » Fri Jan 27, 2017 1:42 am

Many congratulations!
It is very considerate of you to provide all this information for others in situations that you were in.

Emli2016
Newly Registered
Posts: 1
Joined: Tue Jan 17, 2017 3:01 am

Re: ILR - Judicial Review Success Story!

Post by Emli2016 » Fri Jan 27, 2017 4:53 am

Hi Gorkhali, Thank you so much for posting your experience and heartiest congratulations for your success. You described your situation so well that anyone going through the same stage could feel the pain. Really happy for you.

manjunathhr
Newly Registered
Posts: 15
Joined: Wed Jan 13, 2016 7:41 pm

Re: ILR - Judicial Review Success Story!

Post by manjunathhr » Fri Jan 27, 2017 1:51 pm

Hi,
Congralutions on your ILR Success.
Could please post your timelines, when was your first application date, PAP and admin, and JR dates.ect

ddiva
Newly Registered
Posts: 21
Joined: Sun Mar 27, 2016 6:18 am

Re: ILR - Judicial Review Success Story!

Post by ddiva » Fri Jan 27, 2017 4:43 pm

Congratulations. I am happy for you.

Shaz321
Newly Registered
Posts: 17
Joined: Tue Aug 23, 2016 8:57 pm

Re: ILR - Judicial Review Success Story!

Post by Shaz321 » Fri Jan 27, 2017 6:46 pm

Congratulations buddy. I'm in the same boat. I've submitted fresh application and don't have the right to work for past 3 months. I often think that i'd be better off going for JR instead of submitting a fresh application.

bestprint
Newly Registered
Posts: 23
Joined: Tue Oct 12, 2010 2:50 pm
Mood:
Pakistan

Re: ILR - Judicial Review Success Story!

Post by bestprint » Sun Jan 29, 2017 12:42 am

Congratulations from the bottom of my heart. UKVI deserve defeat. Make sure you get your legal cost back from UKVI.
Well done.

imii
- thin ice -
Posts: 55
Joined: Tue Oct 06, 2015 8:50 pm

Re: ILR - Judicial Review Success Story!

Post by imii » Sun Jan 29, 2017 12:10 pm

Congratulate buddy !! I got one question how long they took for your 1st Tribunal hearing ( Time scale )

masterpeas
Junior Member
Posts: 73
Joined: Sun Apr 17, 2011 9:07 pm
Vietnam

Re: ILR - Judicial Review Success Story!

Post by masterpeas » Sun Jan 29, 2017 11:03 pm

:P Glad to get some positive energy from this forum regarding T1G to ILR appeal success!!!

Big congrats! you deserved it as you have been a true fighter against the money-driven no mercy UKVI! how could they reject your case and threaten you to pull back the case even if the law gives you whatever reason to fight?!

I wish you all the best and thanks for sharing!

Not sure why you did not go for JR for the 1st application though? what grounds did you put forward for winning the case please?? did the solicitor help a lot or its a matter of personal justification??

Thanks a million!!!!!

sidsays
Newbie
Posts: 34
Joined: Thu Sep 21, 2017 8:31 pm
Brazil

Re: ILR - Judicial Review Success Story!

Post by sidsays » Thu Sep 21, 2017 10:41 pm

Gorkhali wrote:
Thu Jan 26, 2017 3:15 pm
Dear Reader,

I have been silent reader of this board like you(I guess). Not finding many success stories of Judicial reviews frustrated me a lot and that's why I decided to post here as soon as I would know what's going to happen to my case. I do have a story to share.

In short, I applied for ILR (T1-General route) early 2016 in person. After 8.5 hours of long wait, my case worker handed me the refusal letter. The letter said I tried to lie either HMRC or UKVI by submitted different figures 5 years ago. And also asked me to leave the UK immediately. There were no questions asked before making the decision.

Since my accountant looked after all my accounts, I went back to him and asked him to check what had gone wrong. My accountant looked into my account and told me there was a typo and he was issuing me a letter verifying that. He also sent a copy of letter to HMRC for correction.

The only option I was given at that stage was Admin Review (massive waste of time BTW!). As you must be familiar with UKVI terms- none of them are clear. I double checked with UKVI staff via phone and email if I could put evidence with the Admin Review. I got positive reply saying as long as it is related to original reason for refusal, it will be fine. Everything should workout then, right? Wrong!

My Admin review was refused and I was given 6 days to leave the country. The reason given was, new evidence was not considered at this stage. Every door seemed closed for me at this point and I started contacting as many lawyers as possible. Most of them wanted money even to answer simple yes/no question. But there were few very helpful one.. So guys, don't just give up.. Keep looking you might get lucky too! With much consultation, I was advised to make new application as I was allowed to do so -being within 28 days after the leave expired.

I made a fresh application with all the evidences and clarification I could possibly collect within the time-frame that was available. I was told I would not be allowed to me same day application(Still don't know if this is true!), so I went for the postal application. Having lost the right to work, the real struggle started from here.

Four months later, all my accounts at HMRC were updated and I had already done Biometrics and all that crap. I received couple of text/calls and a post from UKVI's official torture company. They threatened to deport me and close my bank accounts. Oh ya, and they wanted to take my license away too. I simple ignored them as I knew my application was still being processed. If you are going though this stage, be prepared for that.

One random day I googled "faster decision.." and boom! to my surprise UKVI has released new money sucking program. Pay 500 pounds and get decision within a week. As living without a job was already killing me, I decided to the bite the bullet. Along with the money, they also want you to write an email explaining why they should take more money from you. Although not exactly within a week, I got my decision on 10th day. And guess what? They refused again!!!!!

The reason given this time was so bad that everyone who read the letter couldn't believe it. They said an accountant cannot make a mistake. And yet, they themselves made mistake on the same decision letter. They also claimed that I corrected only because my first application was refused.

You can only wake someone up who is sleeping, if someone is pretending to sleep, you simply can't. At this point I knew Judicial Review was the only hope. However, since I was given an opportunity to submit Admin review for the decision, I did it just to exhaust all the options. I had zero hope that Admin Review would make any difference.. And My guess was right. They refused my admin review again saying my explanation is not adequate.

Along with my solicitor, I started the JR process by sending them a PAP- a formal legal notice giving them final opportunity before you enter the legal battle. For which, they replied almost immediately accepting the challenge. After that we submitted a request for permission for Judicial Review to the court. UKVI also wrote to the court asking not to give me the permission. Around 3 months later, court decided on my favour and provided me with two hearing dates. I didn't hear anything from UKVI until the very last moment before the hearing. At this point they must have figured that I am not giving up and they have no evidence to anything they have been accusing me of. They called my solicitor and asked us to pull the case back. I was told UKVI asked for 3 months to give me a renewed decision.

Today, almost 2 months later, I received the BRP confirming my ILR approval. I still haven't received my passport back. I still don't know how much legal cost they are covering. I have been told it would be around 50-60%. Only time will tell.

My final words, if you know you are innocent like myself, don't give up the fight. You know it's not the jokers at UKVI who is doing this. Their big mummy, Mrs. T. May wants to get the immigration number down any how. And we are simply the easy targets as they don't really have time or resource to track the illegal. At times you might feel like there is no hope or there are no options. Just keep believing in yourself and keep looking, no one is greater than law in this society. It's slow, frustrating and nerve killing process but at the end you will get there. If you haven't done anything wrong, there is no reason to fear or give up your fight.

Wish you all the best!

Take Care.

Congrats gorkhali, I am in similar situation if you this msg please reply I need your help.

b52
Junior Member
Posts: 51
Joined: Wed Dec 31, 2008 3:02 pm

Re: ILR - Judicial Review Success Story!

Post by b52 » Fri Sep 22, 2017 6:50 pm

Could you please post time line for your refusal date and JR.

I am in same boat. I applied for ILR 10 years long residence route. Peo Birmingham. After long wait I was given a letter that further information was needed from HMRC . I came back called HMRC and found discrepancy in self employed latest earnings. I was shocked to find. I thought all was in order. Solicitor requested HO to return application. I was not refused . Did amemendmwnts with HMRC. Got payment letter from them and reapplied at PEO. I attached HMRC payment letter. I was refused with right of appeal based on human rights only. Sections of refusal was 322(5) . Application refused on april 2016. Appeal letter received within one year and hearing was on august 2016 at first tier tribunal. Appeal was refused , judge maintained original Ho decision . Human right argument was not considered as I do not have family in UK. Now I am planning to go for upper tribunal and may be Judical review if upper tribunal refuses that they normally do.

How long does upper tribunal and JR take . I already waited 16 months for first tribunal appeal. I am in extremely difficult situation due to long wait as my family is abroad. Can you please send some light on JR time line.
Thank you

Mehu82
Newly Registered
Posts: 3
Joined: Tue May 10, 2016 9:38 pm

Re: ILR - Judicial Review Success Story!

Post by Mehu82 » Sun Nov 26, 2017 4:26 pm

Hi guys

I am on same situation, could you pls help me shall I go for admin review or shall I do new application based on 10 year route as I am eligible for 10 year route.

I had rejection on 20/11/17.

Reason is you submit your self assessment late.

Mehu82
Newly Registered
Posts: 3
Joined: Tue May 10, 2016 9:38 pm

Re: ILR - Judicial Review Success Story!

Post by Mehu82 » Sun Nov 26, 2017 4:29 pm

Gorkhali,

Could you pls give me your contact detail. If you don’t have any issue as I am so confuse our case are very similar.

I need to speak to you bro it’s really urgent.

Mehu82
Newly Registered
Posts: 3
Joined: Tue May 10, 2016 9:38 pm

Re: ILR - Judicial Review Success Story!

Post by Mehu82 » Sun Nov 26, 2017 4:31 pm

Gorkhali

My email address is email address removed by moderator

Pls pls coild you email me your contact detail

User avatar
CR001
Moderator
Posts: 79796
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: ILR - Judicial Review Success Story!

Post by CR001 » Sun Nov 26, 2017 5:32 pm

Mehu82 wrote:
Sun Nov 26, 2017 4:29 pm
Gorkhali,

Could you pls give me your contact detail. If you don’t have any issue as I am so confuse our case are very similar.

I need to speak to you bro it’s really urgent.
Mehu82 wrote:
Sun Nov 26, 2017 4:31 pm
Gorkhali

My email address is email address removed by moderator

Pls pls coild you email me your contact detail
I strongly suggest you read the forum rules. Members are not permitted to post ANY form of contact information.

Also, instead of tagging onto a topic that is almost a year old, please start your own topic with your circumstances and questions.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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