can ukvi just pull out of my Article 8 case

[vinny]

We were having a judicial review,to force them to make a decision,And they came up with an offer to Apply under Zambrano,which we did they then refused that

Why did they do that - make an offer and then refuse?

[Obie]

That is common practise with Home Office.

They will say they will consider, but that consideration does not automatically equate yo success.

You could end up with a refusal

[vinny]

It's seems unethical, making an offer to reconsider and then refusing. They applicants may have a legitimate expectation that the application may succeed. Else, they would have continued on with the JR.

[Obie]

Well they could argue that the terms of their agreement is to reconsider. Reconsideration does not necessarily amount to a grant .

That even if a person succeeds in a Judicial Review as opposed to a Statutory appeal, there is not a guarantee they will get a visa . The judge will simply quash a decision and remit it to a decision maker to consider in accordance with their judgement .

It is only in few exceptional cases that mandatory orders are made.

If the Secretary of State make a lawful decision, and provided of course it is not Wednesbury unreasonable , then a person will not succeed in a Judicial review, as JR is not about the merit of a case but it's lawfulness.

Matters of merits are usually ventilated at the appeals stage at the Tribunal.

Unfortunately Vinny, that is how the British system works.

[shirl157]

I dont think you have quite understood what i am saying The Judicial review was to get them to make a decision as it his unlawful for them not to have made one for all this time,And if they havent made one in nxt 3 weeks the judge is going to make the decision