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Judicial Review Application - Tier 1 (Entrepreneur)

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

msx273
Senior Member
Posts: 536
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by msx273 » Sun Jun 02, 2019 8:47 pm

Onlyravian wrote:
Tue May 22, 2018 1:51 pm
Dear all,

I have applied for Tier 1 (Entrepreneur) application in Pakistan on 04/01/2018. I was interviewed on 24/01/2018. My application was refused on 29/01/2018. The Entry Clearance Officer (hereafter ECO) awarded me all the requisite points i.e. 95 but made three observations as basis of refusal. These observations were, mainly, about the business plan and the interview. It is clear from his observations that he did not bother to read the business plan and he is absolutely unaware of the business idea. It appears that he speculated every time, throughout the refusal decision, because whenever he referred to my business plan, he made a mistake. For instance, saying my business plan did not have some particular detail which it clearly had. Also, the interview questions were very general in nature and he did not relate any question to my business plan. It seemed that ECO just followed a structured pro-forma.

I highlighted all the errors made by the ECO and applied for administrative review request on 21/02/2018. I got the AR response back on 07/03/2018. The Entry Clearance Manager (hereafter ECM) withdrew the first observation of the decision but maintained the remaining two observations of the ECO's original decision. He did not challenge any of the information that I provided in the AR application but sated that I should have conveyed this at the time of interview. Now, irony of the matter is, how can I provide this information at interview unless I have been asked a relevant question. Moreover, he avoided to comment on the ECO's mistakes that were highlighted in the application and overlooked the facts.

First, I thought to reapply but then, what could I do differently in the new application. The grounds of refusal are non existent and the ECO just made them up somehow with his presumptuous mind.

I prepared Pre-action Protocol (PAP) application and applied on 06/04/2018 and got a response back on 23/04/2018. The additional reviewer gave a very general response saying that she is not satisfied like the ECO and the ECM. In the meantime, I have requested interview transcript through SAR request. I have got a letter back saying that my photo ID (passport) needs to be attested by either a solicitor, a registered charity or oath commissioner in the UK. How can I get this attested in the UK while I am in the Pakistan?

Now, I have decided to go for Judicial review (JR) application. I have been chasing up law firms since the PAP decision. To my surprise, the law firms are hell expensive and I have got quotes like 10-20K for this private JR application. I am thinking to lodge this application by myself. I believe, a part of recent case: R (on the application of Anjum) v Entry Clearance Officer, Islamabad (entrepreneur – business expansion – fairness generally) is going to be very relevant to my case. My questions are:

Is 3 months deadline applicable in my case? (in guidlines it says 3 months from the original decision whereas a law firm told me that it is from the AR decision)

Is there any way I could get the interview transcript whilst being in Pakistan?

Can I apply for the JR on my own without hiring a solicitor/barrister?

In the JR claim form there are two different sections, Section 5 Detailed statement of grounds and Section 8 Statement of facts relied on. What is the difference between section 5 and section 8?

Could anyone, who has been through same JR process, possibly share the template of JR claim form for me to use as guide?

Please advise considering my current situation. Your help would be greatly appreciated.

Best regards,

Is it intial application ??

asphand
Newly Registered
Posts: 16
Joined: Mon Aug 06, 2018 5:46 am
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by asphand » Tue Jun 11, 2019 1:28 am

Salaam Aamir,

Received the following email today don't know what to make of it? Did you receive a similar email when you got the visa?

"Dear xxxxxx

Thank you for contacting UK Visas and Immigration International Contact Centre.

With regards to your enquiry about the status of your application, I can confirm that we have made a decision on your application.

We cannot discuss the outcome of your application on-line or by telephone.

However the visa application centre will be in contact with you in regards to collection or delivery of your passport.

We strongly recommend that you do not buy a non-refundable, non-flexible ticket to the UK, until your visa application has been approved and you have received your documents."

Regards,
UK Visas and Immigration

Aamirkhan777 wrote:
Sun Jun 02, 2019 7:59 pm
Aoa dear asfand yes we were in UK and getting the card was easy it was in the nearest post office all we had to do was.... collect it , and now we are in the process of making a company there. regarding ur case I hv no doubts in ur case it will be in ur favour the delay is only due to work load by home office the best thing u can do is send them a gentle reminder.
Regards
Amir

Edited by moderator. Please note that everyone in the forum is a complete stranger. E have many scammers and spammera who trawl the forum daily. Please do not post invites, locations and dates to events that identify you or your unsuspecting family!!

msx273
Senior Member
Posts: 536
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by msx273 » Tue Jun 11, 2019 7:29 pm

asphand wrote:
Tue Jun 11, 2019 1:28 am
Salaam Aamir,

Received the following email today don't know what to make of it? Did you receive a similar email when you got the visa?

"Dear xxxxxx

Thank you for contacting UK Visas and Immigration International Contact Centre.

With regards to your enquiry about the status of your application, I can confirm that we have made a decision on your application.

We cannot discuss the outcome of your application on-line or by telephone.

However the visa application centre will be in contact with you in regards to collection or delivery of your passport.

We strongly recommend that you do not buy a non-refundable, non-flexible ticket to the UK, until your visa application has been approved and you have received your documents."

Regards,
UK Visas and Immigration

Aamirkhan777 wrote:
Sun Jun 02, 2019 7:59 pm
Aoa dear asfand yes we were in UK and getting the card was easy it was in the nearest post office all we had to do was.... collect it , and now we are in the process of making a company there. regarding ur case I hv no doubts in ur case it will be in ur favour the delay is only due to work load by home office the best thing u can do is send them a gentle reminder.
Regards
Amir

Edited by moderator. Please note that everyone in the forum is a complete stranger. E have many scammers and spammera who trawl the forum daily. Please do not post invites, locations and dates to events that identify you or your unsuspecting family!!
Good Luck Ashpand, All the best

Mehfuz
Junior Member
Posts: 89
Joined: Sat Mar 30, 2019 8:59 am
Mood:
India

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Mehfuz » Tue Jun 11, 2019 7:41 pm

Dear Asphand..

The email you got is a standard email. This never means that you have been granted or denied the visa. Most probably you will get ur decision within 48 hours of the email received.

Hopefully You shall get the decision in ur favour!!

Regards
Mehfuz

asphand
Newly Registered
Posts: 16
Joined: Mon Aug 06, 2018 5:46 am
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by asphand » Tue Jun 18, 2019 1:22 am

Thank you Mehfuz....its been more than a week since that email and heard nothing from the HO.

msx273
Senior Member
Posts: 536
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by msx273 » Fri Jun 21, 2019 5:21 pm

asphand wrote:
Tue Jun 18, 2019 1:22 am
Thank you Mehfuz....its been more than a week since that email and heard nothing from the HO.
HI Asphand

How are you

have you received your visa ??

Give us good news.

asphand
Newly Registered
Posts: 16
Joined: Mon Aug 06, 2018 5:46 am
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by asphand » Wed Jun 26, 2019 12:55 am

No brother they just refuse to reply to our emails. They said they made a decision and we have been waiting for over 2 weeks now. Sending them another PAP today! So tired of this

abuhf wrote:
Fri Jun 21, 2019 5:21 pm
asphand wrote:
Tue Jun 18, 2019 1:22 am
Thank you Mehfuz....its been more than a week since that email and heard nothing from the HO.
HI Asphand

How are you

have you received your visa ??

Give us good news.

msx273
Senior Member
Posts: 536
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by msx273 » Wed Jun 26, 2019 5:03 pm

asphand wrote:
Wed Jun 26, 2019 12:55 am
No brother they just refuse to reply to our emails. They said they made a decision and we have been waiting for over 2 weeks now. Sending them another PAP today! So tired of this

abuhf wrote:
Fri Jun 21, 2019 5:21 pm
asphand wrote:
Tue Jun 18, 2019 1:22 am
Thank you Mehfuz....its been more than a week since that email and heard nothing from the HO.
HI Asphand

How are you

have you received your visa ??

Give us good news.
That is so mean brother,

how long you been waiting after your JR,

I asked them to give my Inteview transcripts and waiting for nearly two weeks now.

Lets hope for positive revert

asphand
Newly Registered
Posts: 16
Joined: Mon Aug 06, 2018 5:46 am
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by asphand » Fri Jun 28, 2019 12:12 am

We filed a PAP in Dec 2018 and received a reply from the HO on Dec 19, 2018 that by March 19, 2019 we should receive a reply. When we didn't we sent them chaser emails and after 2 weeks we were reinterviewed. We have been waiting since March 29, 2019 to hear back from them and since they refuse to give us the decision, we sent them another PAP today. So let's see what they do now. I think there has to be a way to file an official complaint against the HO and there way to processing these TIER 1 applications.

abuhf wrote:
Wed Jun 26, 2019 5:03 pm
asphand wrote:
Wed Jun 26, 2019 12:55 am
No brother they just refuse to reply to our emails. They said they made a decision and we have been waiting for over 2 weeks now. Sending them another PAP today! So tired of this

abuhf wrote:
Fri Jun 21, 2019 5:21 pm
asphand wrote:
Tue Jun 18, 2019 1:22 am
Thank you Mehfuz....its been more than a week since that email and heard nothing from the HO.
HI Asphand

How are you

have you received your visa ??

Give us good news.
That is so mean brother,

how long you been waiting after your JR,

I asked them to give my Inteview transcripts and waiting for nearly two weeks now.

Lets hope for positive revert

msx273
Senior Member
Posts: 536
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by msx273 » Fri Jun 28, 2019 12:30 am

asphand wrote:
Fri Jun 28, 2019 12:12 am
We filed a PAP in Dec 2018 and received a reply from the HO on Dec 19, 2018 that by March 19, 2019 we should receive a reply. When we didn't we sent them chaser emails and after 2 weeks we were reinterviewed. We have been waiting since March 29, 2019 to hear back from them and since they refuse to give us the decision, we sent them another PAP today. So let's see what they do now. I think there has to be a way to file an official complaint against the HO and there way to processing these TIER 1 applications.

abuhf wrote:
Wed Jun 26, 2019 5:03 pm
asphand wrote:
Wed Jun 26, 2019 12:55 am
No brother they just refuse to reply to our emails. They said they made a decision and we have been waiting for over 2 weeks now. Sending them another PAP today! So tired of this

abuhf wrote:
Fri Jun 21, 2019 5:21 pm


HI Asphand

How are you

have you received your visa ??

Give us good news.
That is so mean brother,

how long you been waiting after your JR,

I asked them to give my Inteview transcripts and waiting for nearly two weeks now.

Lets hope for positive revert

Let’s hope for positive revert bro,

Do you know how to get interview transcripts from HO as they didn’t sent even after sending gentle reminders

asphand
Newly Registered
Posts: 16
Joined: Mon Aug 06, 2018 5:46 am
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by asphand » Fri Jun 28, 2019 11:38 pm

It took me more than 2 months to get them....just keep emailing

msx273
Senior Member
Posts: 536
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by msx273 » Sat Jun 29, 2019 10:43 am

asphand wrote:
Fri Jun 28, 2019 11:38 pm
It took me more than 2 months to get them....just keep emailing
That’s so bad, they give us only 28 days to submit AR and if they take 2 months to give transcripts how can we verify

HO is really being harsh in processing

Aamirkhan777
Newly Registered
Posts: 13
Joined: Sat Nov 03, 2018 5:54 pm
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Aamirkhan777 » Mon Jul 01, 2019 5:44 pm

Dear Asphand
Have you hired any lawyer...in your case???
Lots of prayers for you....

Aamirkhan777
Newly Registered
Posts: 13
Joined: Sat Nov 03, 2018 5:54 pm
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Aamirkhan777 » Mon Jul 01, 2019 5:49 pm

I sincerely recommend you to hire some good lawyer for your case..... I prepared PAP myself and final sum up was done by lawyer..

asphand
Newly Registered
Posts: 16
Joined: Mon Aug 06, 2018 5:46 am
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by asphand » Wed Jul 10, 2019 12:10 am

Thanks Aamir....I hired a good expensive firm costing me 17,000 pounds and got refused because they were rubbish. I hired another firm and they charged me 5,000 and they got me through PAP. Today recieved the 2nd the refusal. I think the HO has something against us for threatnening to sue. Anyway, sick of the HO have already immigrated to Australia for the past 8 months and love being here. All the best to all of you guys!

msx273
Senior Member
Posts: 536
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by msx273 » Wed Jul 10, 2019 2:55 am

asphand wrote:
Wed Jul 10, 2019 12:10 am
Thanks Aamir....I hired a good expensive firm costing me 17,000 pounds and got refused because they were rubbish. I hired another firm and they charged me 5,000 and they got me through PAP. Today recieved the 2nd the refusal. I think the HO has something against us for threatnening to sue. Anyway, sick of the HO have already immigrated to Australia for the past 8 months and love being here. All the best to all of you guys!
Hi Ashpand,

So sorry to hear your refusal.

I think you should sue the firm who took £17k and been rubbish, also PAP doesn’t cost £5k as some one has charged you too much

What was the actual reason for your refusal, Were you scored all 95 points ??

Happy to see you have settled in Auatralia.

All the best for your future

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