Hello pgmiot,
Glad to help, anytime.
I know waiting is difficult but things are moving on you have done you Biometrics so if they make decision after your have clock 14 years. There is good chance to for you to get IRL if not i think they might give you 2.5 years. Anyway on your questions
1. The first thing you can do is ask for reconsideration. Yes Judiciary review is open to you, but the chance of success need to be quantified properly with a lawyer as it is expensive process.
2. I don’t think you can use that arguments as they will argue that the announce the changes few weeks in advance that they going to abolish 14 years and they might argue they have followed all the procedures required of them by law. Plus you were a bit short of 14 year.
3. They changes are fairly new so I am not aware of any case law at the moment similar to your situation. But may be you can argue in grounds of proportionality and fairness, article 8 rights and compassionate ground.
Read more here about proportionality and fairness test
http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf
If they refuse you that and reconsideration I think you can still apply under New provision (Human right article 8 private life). . Particular this point
(
vi) Is aged 18 years and above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which they would have to go if required to leave the UK.
In order to determine whether the applicant has ties (including social, cultural or family) with the country he would be returned to, factors such as language, cultural background, length of time spent in the country of origin and family friends and social network, are considered. This is not an exhaustive list.
If the applicant does not meet the requirements of the rules, there may be exceptional circumstances which would make refusal and the requirement for the applicant to leave the UK a breach of Article 8. Cumulative factors are relevant for consideration. For instance, where the applicant has family members in the UK but their family life does not provide a basis to remain, and they also have a significant private life in the UK (for example, sibling relationships or an adult child and parent relationship which does not normally qualify as family life under Article 8.
Although, under the rules family life and private life are considered separately and are not cumulative, when considering whether there are exceptional circumstances which would make removal from the UK a breach of Article 8, both family and private life should be taken into account.
Read more here
http://www.freemovement.org.uk/2012/08/ ... residence/ and here
http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf.
So far we don't know strictly or otherwise Home Office are going to apply/interpret these new provisions particular lacks of social, culture and family ties. But i think one task is prove somehow one fit in this new straitjacket and prepare application accordingly including all the relevant factors.
I think all things considered it will be difficult for them to argue against human right (private life) of somebody who has spent more than 14 years in UK.
) Anyway they contacted me in 2009 saying the dept dealing with my application no longer existed and asked for further info. 