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JR Permission granted.

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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JR Blyton
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JR Permission granted.

Post by JR Blyton » Tue Dec 29, 2020 7:33 pm

Hi,
I am representing myself in my JR proceedings. I had an oral hearing and it has been granted. I just wanted to double-check the meaning of the case management directions. It says:


Case Management Directions
1. The Respondent and any other person provided with the Application Form who wishes to contest the application or support it on additional grounds must file and serve detailed grounds, or where appropriate additional grounds, for contesting the application or supporting it on further grounds and any written evidence, or where appropriate additional evidence, within 35 days from the date this decision was sent (see below).
2. If the Respondent decides to submit detailed grounds of defence, these will be formulated in a manner whereby they substitute entirely the extant pleading and shall be lodged and served within 35 days.
3. Any reply, to include any further evidence on which the Applicant wishes to rely, accompanied by any appropriate application to the Tribunal, must be lodged within 21 days of the provision of the above materials.
4. The Applicant must file with the Tribunal and serve on the Respondent not later than 21 days before the scheduled date of hearing the following materials:
(a) a comprehensive hearing bundle, indexed and paginated (but see below);
(b) a skeleton argument; and.......'


Am I right in thinking that it is the SSHD that is been referred to in (1) as the respondent and that they have to file detailed grounds within 35 days should they want to contest the ruling of the Judge at the permission stage?

That is what it looks like but I just wanted to double-check it wasn't me that was being referred to because it has been 21 days and yet to hear from them.

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zimba
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Re: JR Permission granted.

Post by zimba » Wed Dec 30, 2020 12:12 am

Representing yourself in a legal matter is NOT recommended at all.
JR procedures are part of the administrative law and that requires proper legal guidance from professionals. This is NOT a legal support forum. You are highly advised to seek proper help from professionals :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

JR Blyton
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Joined: Tue Dec 29, 2020 7:10 pm

Re: JR Permission granted.

Post by JR Blyton » Sat Jan 23, 2021 8:19 pm

I have just been sent a consent letter by SSHD to reconsider their decision which I am willing to sign. This was after I represented myself at renewal oral permission hearing.
I have incurred costs but I am at loss as to where to include this. Do I need to edit the Consent Order where it says ''Applicant's reasonable costs' and insert my reasonable costs or do I have to write a separate letter alongside the consent letter stating what my incurred cost is.
It is just the technicalities I am after as I am a litigant in person.

N.B - I understand this is not a legal support forum, however I would need people who have gone through this process to chip in. I have spent over £8,000 in legal fees/HO fees and do not have a penny left to pay any lawyer atm.


CONSENT ORDER

UPON the Respondent agreeing to reconsider the decision of 24 March 2020 within 3 months of the order being sealed (absent special circumstances).
BY CONSENT, it is ordered that:-
1. The Applicant do have leave to withdraw the above-numbered claim for judicial review.
2. The Respondent do pay the Applicant’s reasonable costs, to be assessed if not agreed

Dantean
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Re: JR Permission granted.

Post by Dantean » Tue Jan 26, 2021 2:12 am

This is not legal advice of course, and I have not been involved in a JR but I have experience of small claims hearings. It sounds like the costs should be agreed between the parties after the consent order. If the parties do not agree (e.g. one party disputes the other's evidence) then costs will be assessed, likely by a judge in a hearing.

I would guess that the process of agreeing to the amount of costs will be a separate process so the consent order should not be modified. If you already know what costs are, you could include it in a separate letter, explaining you are an LIP and are not sure of the process.

But Zimba's advice is apt. Being an LIP in a small claims case may be reasonable because the stakes are not too high, but in an immigration JR, they are very high. Have you tried contact Citizens Advice to see if they know of any lower cost legal assistance?
https://www.citizensadvice.org.uk/immig ... on-advice/

JR Blyton
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Re: JR Permission granted.

Post by JR Blyton » Thu Feb 04, 2021 11:30 pm

Thanks.
I have now involved a cost draughtsman.

And you are right. I did modify the consent order to include the cost but this was rejected by the Respondent's solicitors. So, I had to sign the consent order and now I am in the process of sending them my bill of costs.

Thanks for your help. Hopefully this will help someone else along the line

LULUBABY
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Re: JR Permission granted.

Post by LULUBABY » Sun Feb 21, 2021 6:15 am

JR Blyton wrote:
Sat Jan 23, 2021 8:19 pm
I have just been sent a consent letter by SSHD to reconsider their decision which I am willing to sign. This was after I represented myself at renewal oral permission hearing.
I have incurred costs but I am at loss as to where to include this. Do I need to edit the Consent Order where it says ''Applicant's reasonable costs' and insert my reasonable costs or do I have to write a separate letter alongside the consent letter stating what my incurred cost is.
It is just the technicalities I am after as I am a litigant in person.

N.B - I understand this is not a legal support forum, however I would need people who have gone through this process to chip in. I have spent over £8,000 in legal fees/HO fees and do not have a penny left to pay any lawyer atm.


CONSENT ORDER

UPON the Respondent agreeing to reconsider the decision of 24 March 2020 within 3 months of the order being sealed (absent special circumstances).
BY CONSENT, it is ordered that:-
1. The Applicant do have leave to withdraw the above-numbered claim for judicial review.
2. The Respondent do pay the Applicant’s reasonable costs, to be assessed if not agreed
Hi, please sorry to disturb you, I have just read this and would need your help. Please I would like to know how you were able to renew your refused paper application and get an oral hearing.
Please how did you go about the grounds for renewal.

Also did you write New statement of facts and new grounds or did you address those reasons given by the SSHD in their response and in the Judge's decision or did you just address only the reasons given by the Judge for refusing permission?.

I have a Judicial Review application which the application was refused and I am trying to renew it for oral hearing.
I am representing myself.

Thanks.

JR Blyton
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Posts: 5
Joined: Tue Dec 29, 2020 7:10 pm

Re: JR Permission granted.

Post by JR Blyton » Mon Feb 22, 2021 5:11 pm

Hi,
It is hard to give you a concise answer as your case might be different from mine. My grounds were based on
that there was an error of law by the judge ( I was later corrected by the oral renewal trial judge that what was in contention was the decision the SSHD took and not that of the paper judge); I also submitted that the entire evidence submitted by me was not reviewed by the upper tribunal judge and also that the decision was unreasonable.

The above grounds were the same as I used to in the paper application. With respect to any evidence that you think might help your case, include it with the bundle that you will serve the SSHD and the courts.

In the skeletal arguments, you can briefly make your case, highlighting what case laws and or/immigration laws you will be relying on, your immigration history etc. I pointed out where I thought the UT judge/SSHD was wrong in coming to his/their decision. Then there was a conclusion referring to the relief I am seeking e.g .....it is the applicant's position that this request for oral consideration of application for permission to apply for JR should be granted as the incorrect interpretation of the rules was applied: It is submitted that this claim was arguable

A day Before the hearing, I sent the judge my speech explaining that as I wasn't a native speaker, I might not be understood . So, thankfully, the judge read it before the hearing and understood where I was coming from even before the hearing. I read out exactly the same paper I had sent him. That helped as given I wasn't a lawyer, there is no way I will have been able to speak for 10/15 minutes arguing my case and making sense :( . After that, the SSHD barrister spoke, and then the judge asked me to reply the assertion of the barrister and it went back and forth. Knowing your case laws/immigration laws will help in this case to either counter what the SSHD barrister had said or making a claim yourself.

LULUBABY
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Re: JR Permission granted.

Post by LULUBABY » Mon Feb 22, 2021 6:54 pm

JR Blyton wrote:
Mon Feb 22, 2021 5:11 pm
Hi,
It is hard to give you a concise answer as your case might be different from mine. My grounds were based on
that there was an error of law by the judge ( I was later corrected by the oral renewal trial judge that what was in contention was the decision the SSHD took and not that of the paper judge); I also submitted that the entire evidence submitted by me was not reviewed by the upper tribunal judge and also that the decision was unreasonable.

The above grounds were the same as I used to in the paper application. With respect to any evidence that you think might help your case, include it with the bundle that you will serve the SSHD and the courts.

In the skeletal arguments, you can briefly make your case, highlighting what case laws and or/immigration laws you will be relying on, your immigration history etc. I pointed out where I thought the UT judge/SSHD was wrong in coming to his/their decision. Then there was a conclusion referring to the relief I am seeking e.g .....it is the applicant's position that this request for oral consideration of application for permission to apply for JR should be granted as the incorrect interpretation of the rules was applied: It is submitted that this claim was arguable

A day Before the hearing, I sent the judge my speech explaining that as I wasn't a native speaker, I might not be understood . So, thankfully, the judge read it before the hearing and understood where I was coming from even before the hearing. I read out exactly the same paper I had sent him. That helped as given I wasn't a lawyer, there is no way I will have been able to speak for 10/15 minutes arguing my case and making sense :( . After that, the SSHD barrister spoke, and then the judge asked me to reply the assertion of the barrister and it went back and forth. Knowing your case laws/immigration laws will help in this case to either counter what the SSHD barrister had said or making a claim yourself.
Thanks for your response. So you prepared the same bundle again for the oral application, repeating your immigration history as you did before and then wrote a statement explaining your point ?.
Mine is as regards EUSS application refused by the SSHD without giving me a right to appeal.

JR Blyton
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Posts: 5
Joined: Tue Dec 29, 2020 7:10 pm

Re: JR Permission granted.

Post by JR Blyton » Mon Feb 22, 2021 7:43 pm

LULUBABY wrote:
Mon Feb 22, 2021 6:54 pm
JR Blyton wrote:
Mon Feb 22, 2021 5:11 pm
Hi,
It is hard to give you a concise answer as your case might be different from mine. My grounds were based on
that there was an error of law by the judge ( I was later corrected by the oral renewal trial judge that what was in contention was the decision the SSHD took and not that of the paper judge); I also submitted that the entire evidence submitted by me was not reviewed by the upper tribunal judge and also that the decision was unreasonable.

The above grounds were the same as I used to in the paper application. With respect to any evidence that you think might help your case, include it with the bundle that you will serve the SSHD and the courts.

In the skeletal arguments, you can briefly make your case, highlighting what case laws and or/immigration laws you will be relying on, your immigration history etc. I pointed out where I thought the UT judge/SSHD was wrong in coming to his/their decision. Then there was a conclusion referring to the relief I am seeking e.g .....it is the applicant's position that this request for oral consideration of application for permission to apply for JR should be granted as the incorrect interpretation of the rules was applied: It is submitted that this claim was arguable

A day Before the hearing, I sent the judge my speech explaining that as I wasn't a native speaker, I might not be understood . So, thankfully, the judge read it before the hearing and understood where I was coming from even before the hearing. I read out exactly the same paper I had sent him. That helped as given I wasn't a lawyer, there is no way I will have been able to speak for 10/15 minutes arguing my case and making sense :( . After that, the SSHD barrister spoke, and then the judge asked me to reply the assertion of the barrister and it went back and forth. Knowing your case laws/immigration laws will help in this case to either counter what the SSHD barrister had said or making a claim yourself.

Thanks for your response. So you prepared the same bundle again for the oral application, repeating your immigration history as you did before and then wrote a statement explaining your point ?.
Mine is as regards EUSS application refused by the SSHD without giving me a right to appeal.
The Oral hearing is an entirely new process where a different judge will be hearing both arguments so....yes, you might submit an updated bundle with new evidences if you have it, the decision letter of the paper judge and of course any case law that you might intend to use. However, you don't need to submit this all at once. You can pay for the oral hearing and write your grounds in the proscribed form and submit that only. Then the period between submission of your form and the oral hearing, you can serve your skeletal arguments and updated bundle to the courts and SSHD. There are strict timeframes so keep an eye on those. Do a lot of research online about representing yourself in JR/immigration appeals. It will give you a lot of insight. Lastly, if you have a legal friend who you can cross-check stuff with, that will be handy

LULUBABY
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Re: JR Permission granted.

Post by LULUBABY » Tue Feb 23, 2021 7:14 am

JR Blyton wrote:
Mon Feb 22, 2021 7:43 pm
LULUBABY wrote:
Mon Feb 22, 2021 6:54 pm
JR Blyton wrote:
Mon Feb 22, 2021 5:11 pm
Hi,
It is hard to give you a concise answer as your case might be different from mine. My grounds were based on
that there was an error of law by the judge ( I was later corrected by the oral renewal trial judge that what was in contention was the decision the SSHD took and not that of the paper judge); I also submitted that the entire evidence submitted by me was not reviewed by the upper tribunal judge and also that the decision was unreasonable.

The above grounds were the same as I used to in the paper application. With respect to any evidence that you think might help your case, include it with the bundle that you will serve the SSHD and the courts.

In the skeletal arguments, you can briefly make your case, highlighting what case laws and or/immigration laws you will be relying on, your immigration history etc. I pointed out where I thought the UT judge/SSHD was wrong in coming to his/their decision. Then there was a conclusion referring to the relief I am seeking e.g .....it is the applicant's position that this request for oral consideration of application for permission to apply for JR should be granted as the incorrect interpretation of the rules was applied: It is submitted that this claim was arguable

A day Before the hearing, I sent the judge my speech explaining that as I wasn't a native speaker, I might not be understood . So, thankfully, the judge read it before the hearing and understood where I was coming from even before the hearing. I read out exactly the same paper I had sent him. That helped as given I wasn't a lawyer, there is no way I will have been able to speak for 10/15 minutes arguing my case and making sense :( . After that, the SSHD barrister spoke, and then the judge asked me to reply the assertion of the barrister and it went back and forth. Knowing your case laws/immigration laws will help in this case to either counter what the SSHD barrister had said or making a claim yourself.

Thanks for your response. So you prepared the same bundle again for the oral application, repeating your immigration history as you did before and then wrote a statement explaining your point ?.
Mine is as regards EUSS application refused by the SSHD without giving me a right to appeal.
The Oral hearing is an entirely new process where a different judge will be hearing both arguments so....yes, you might submit an updated bundle with new evidences if you have it, the decision letter of the paper judge and of course any case law that you might intend to use. However, you don't need to submit this all at once. You can pay for the oral hearing and write your grounds in the proscribed form and submit that only. Then the period between submission of your form and the oral hearing, you can serve your skeletal arguments and updated bundle to the courts and SSHD. There are strict timeframes so keep an eye on those. Do a lot of research online about representing yourself in JR/immigration appeals. It will give you a lot of insight. Lastly, if you have a legal friend who you can cross-check stuff with, that will be handy
Thank you so much for your thorough explanation. I really appreciate.

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