Judicial Review/Home Office decision Questionable.

Refusal Trading Documents Missing

I need help ASAP my situation is as below.

I applied for Entrepreneur visa on July 27 and it was refused on the grounds of advertisement material, I corrected the error and reapplied before 28 days.

Yesterday I got a refusal decision with no right of appeal, according to HO, the decision was based on the fact that I did not supply any evidence of trading such as contracts, and bank letter on a banks letter head showing that my business was trading,

Below was my dilemma.

-Home office retained my documents including the contracts I supplied in the previous application because according to them I was liable to be removed from the UK, However, I pointed them in the new application to the contracts they have with them, apparently, they have refused to acknowledge them. Hence I have been refused and asked to leave the UK.

Now I want to challenge the HO decision because they retained my documents, making it impossible for me to supply the contested document, (I have Valid contracts which were less than 3 months old as at the time I submitted the second application).

also I supplied a Bank letter on a letter head stating I was the owner of the account and that the account was active but it was not accepted.

Does anyone think I stand a chance with judicial review?


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Why did you not get a right of appeal.

Did you have leave prior to making the application.

This is my second application, I didnt appeal the first refusal, rather, I made a fresh application.

I need comments please, someone help I am under pressure, don't know what to do, If u have been through a similar situation or know somebody who has, i will appreciate ur input.

Bro u can apply ur third application if u have all contracts and u can provide them all new docs as per their requirement.

Apply as soon as u can before 28 days. Dont waste time for JR and all.

I cannot make a fresh application anymore cos my last application was made out of time so, i cant appeal, i can only apply for judicial review.

my question is, do i have enough grounds for a JR? cos i want to challenge why they refused to use a document they retained intentionally.

You seem to have a basis for Judicial review if they refuse to acknowledge a material available with the application, which was material to the application.

Obie wrote:You seem to have a basis for Judicial review if they refuse to acknowledge a material available with the application, which was material to the application.

Obie, thanks for the response, (I want to point out that the contracts in question were retained by HO because it was a part of the first application which was made in-time but was refused. The second application was made out of time but but within 28 days, but i pointed them to the contracts which they already have with them as part of my retained documents and asked HO to use it as evidence of trading.) the contracts was not available with the second application but was sent with the first application, and was retained alongside my passport, degree cert etc.

I am really in a fix here, I desperately need guidance my question is, does HO have the legal right to confiscate a document and refuse to acknowledge same document that's key to subsequent applications? when the grounds for retaining the said documents was simply for the reason that I was liable to removal.

guys I need help here, I am seeing a solicitor 2moro, I really need to know my stand before I get there, dont want to conned into an impossibility.

I think it depends on your intentions whether you want to live in this country or you want to leave this country. in Judicial review your lawyer will convince judge that you should be given the right of appeal and once you have right of appeal then you will be in position to fight your case. And appeal will take a lot of time. I think your case seems to be strong, you should go for it.
Second thing is do have copies of contracts which you have sent to HO. you should have sent copies and mentioned clearly that HO have origional documents. Anyway its pointless to write these things.

@ davvo, your focus should be on the reason of refusal. What evidence did you include in your second application to indicate that you have an existing contract being held by HO? As in how exactly did you indicate that? Did you state that in a separate letter?

You have a very good chance of winning the JR as HO may withdraw their decision and grant your visa if you can prove that you indicate that the contract was already with them.

You can also get copies of all the documents you submitted with your first application from HO through SAS request, which you can then use as evidence that they already have your contract letter.

@ Olasunkanmi, thanks for the insightful post, I was with a solicitor yesterday and she towed a very similar line of action, also, in response to ur question, I attached a cover letter stating that "contract documents were supplied with previous application which is already with HO" and on the list of documents accompanying the application.

She said she was going to make an SAS request for my documents and get back to me on Monday.

@ davvo, you should ask your solicitor to send your PAP letter for JR while awaiting docs from HO so that you can continue to have legal basis of stay in UK just in case you get stopped at any time.

SAS request do take couple of weeks so its better to put everything in place before it arrive.

Hello people, my visa has been granted.

below is my timelines

I applied for Tier 1 Ent. on July 27 2014. ( switching from PSW)

Application was refused on September 16 with right to appeal Reason advertisement material not acceptable.

I decided not to appeal, rather, I submitted a new application after correcting the errors on the application (advertisement material) on October 6th

According to HO, as I was liable to removal from the UK, all my documents were withheld including my copies of contract. Foolishly, I didn't make copies of my contract when I submitted the first application, so in my second application, I pointed it to HO that they have my contract in a letter I included in my second application.

I received a refusal decision in November ( reason No contract submitted), refer to my previous posts for details.

Coupled with the responses I got from this forum, I got a very good solicitor and she told me I had a good chance, so she initiated the PAP and sent HO a letter challenging their decision.

In December, HO writes me to ask for time to review my case file and advise I don't go ahead to file for JR until they got back to me with a new decision.

Today my solicitor calls to inform me that my application has been granted. and visa issued!

I want to thank everybody on this forum for the support and help especially @olasunkanmi your comments were golden, and for those awaiting HO, I wish you luck.

Congrats davvo

Can you share your documents with second application and please can you tell me what was the issues with advertising material and how you have resolved it,
actually i am planning to apply second time soon so i wanted to make sure every thing should be correct this time
looking forward to hear positive response on the same
Regards

bizz123 wrote:Congrats davvo

Can you share your documents with second application and please can you tell me what was the issues with advertising material and how you have resolved it,
actually i am planning to apply second time soon so i wanted to make sure every thing should be correct this time
looking forward to hear positive response on the same
Regards

My initial advertising material was dismissed because I didn't include my flyers, but I included my biz website printout, and an advert which was posted on Yell, but that was discredited because it didn't show my services etc. but my luck was that, I lunched my business website before 11 July, others were latter than July 11. so in my second application, I included my one.com receipt, and evidence that I was the website owner, I also included evidence of my membership with professional bodies linked to my profession (SPE-4yrs AAPG-3yrs and PMI-1 year). and printed new flyers and handbills. hope this helps.

Thanks Davoo for your reply
One more thing
How you have shown continuous advertisement before July 11 till your application ?
Regards

My application time line is as follows:
applied sep 2013
interview feb 2014
refused aug 2014
FTT november 2014
still waiting for decision

In my refusal case worker wrote a big remarks letter on our genuinity checked every of our record from HMRC companies house immigration history previous courses we registered in.

In court HO representative accepted her self that if thats the case then appeal should be sent for reconcideration.

The interviewer made a remark on our interview sheet that we used deception becaiuse after one inetrview the other candidate went to the toilet and he might have used phone about questions asked. I dont have a proof but i think they used deception.

when HO representative told that to judge the judge just grilled HO person saying that if you work for border agency doesnt allow you to accuse come ones personality when you cannot prove.

In our refusal case worker raised a point that business plan, market research missing, experiance letters missing, poor knowledge of understanding, marketing not good,

where our answer was that there were two routes investment and invested in invested route requirements are different and did produce management account contract copy business statement shows that the money came in from client which shows business in running form. we dont see a need to send a business plan and market reserach and experiance letters for such business which is already securing contract although if it was investment route we should have. But if case worker was in such a need to see our plans could have asked us to send so. Our barrister showed them policy guidence for case worker that the cae worker was compled to ask for documents if needed (Note: this doesnt cover cases applied after oct 2013).

At one more point case worker said that we did MBA and doing business in marketing and HO representative made the point that marketing and MBA are two different things. Judge informed HO person that there is no MBA completed in the world without studying marketing. HO showed my transcript that id doesnt say marketing where I told her transcript showing my 6 modules not subjects. I have studied three marketing subject in module strategic management. My dissertation was in marketing.

In marketing question I replied that i am a small business worth 50,000 where case worker suggesting me to market my business in marketing publications which i dont see as ROI. Only one advert in a well known magazine will cost me thousands. Case worker suggesting me things which are not fisible.

The judge allowed me to talk on every single point and it took me 2.5hrs to explain everything because case worker raised 245dd.

HO asked me questions about market research and business plan marketing strategy different contracts and then said thats it. She told the judge that they are very well prepared now because they came in for appeal but were not prepared at the time of application.

Appeal someup HO representative asked judge to dismiss appeal where earlier her self accepted that it should go fo re concideration.
our barrister: Appeal should be allowed.

Decision still waiting.


What do you think....?

Hi All

I was on tier 1 entrepreneur applied for ILR which has been refused by applying in correct law on me. I have lodged JR against this refusal. My Question is While JR process is going on, do i have right to work no not?

According to my search so far i found here and there which is " if applicant apply further leave to remain before the expiring of current leave " has right to wok in appeal as well as in JR.

Can please senior person give me some related link or proof to establish that while JR is being process applicant has right to work.

Thanks

afzal patel wrote:Hi All

I was on tier 1 entrepreneur applied for ILR which has been refused by applying in correct law on me. I have lodged JR against this refusal. My Question is While JR process is going on, do i have right to work no not?

According to my search so far i found here and there which is " if applicant apply further leave to remain before the expiring of current leave " has right to wok in appeal as well as in JR.

Can please senior person give me some related link or proof to establish that while JR is being process applicant has right to work.

Thanks

No if your leaves have expired then JR will not give you any leave to right or work.

First HO made error of law in application, and even If we go to the court and HO not allowing to work in JR, How can we stop the current business suddenly as after investment more than £200000??? Is it practically possible that you can stop your business because you don't have allowed to work in JR?? as you have Debtors, creditors, duties towards work and commitment with customer what about this???

can we get injections about work permission explaining above to the court? is it possible?

please advice

Hi,

Sorry, currently if JR in progress you won't have that right to live or work. Unless its decided in your favour.

Hi Davvo

I read your case and wonder if you can guide me through as my ILR is refused and i have to lodge JR. You mentioned you got a good solicitor for your case. Could you please share her/his details? you can private message me. thanks

davvo wrote:Refusal Trading Documents Missing

I need help ASAP my situation is as below.

I applied for Entrepreneur visa on July 27 and it was refused on the grounds of advertisement material, I corrected the error and reapplied before 28 days.

Yesterday I got a refusal decision with no right of appeal, according to HO, the decision was based on the fact that I did not supply any evidence of trading such as contracts, and bank letter on a banks letter head showing that my business was trading,

Below was my dilemma.

-Home office retained my documents including the contracts I supplied in the previous application because according to them I was liable to be removed from the UK, However, I pointed them in the new application to the contracts they have with them, apparently, they have refused to acknowledge them. Hence I have been refused and asked to leave the UK.

Now I want to challenge the HO decision because they retained my documents, making it impossible for me to supply the contested document, (I have Valid contracts which were less than 3 months old as at the time I submitted the second application).

also I supplied a Bank letter on a letter head stating I was the owner of the account and that the account was active but it was not accepted.

Does anyone think I stand a chance with judicial review?


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This post is almost two years old and the user has not visited since October 2016
Members are not allowed to share details of solicitors on the forum either.