JUDICIAL REVIEW - Offer to reconsider by HO

[zeeshab]

Hi everybody

I am in a fix and would really appreciate some advice from members.

I am on Tier 1 (PBS) visa (2 + 3 years). I got initial visa in 2010 and then further extension in 2012. In May of this year I was returning from India, when I was stopped at Heathrow and leave to remain curtailed and given conditional entry. I was given right to administrative review. I applied in time but this was rejected by HO as out of time. I was left with no option but to go for Judicial Review. In the meantime I was served with deportation orders and I got an injunction from High Court stopping this. Now as I was waiting for a date for JR hearing, my solicitor has got a letter from HO lawyers offering they will reconsider their decision provided I withdraw my JR and do not claim any costs.

I am not sure whether this means they will change the original decision or just reconsider and then possibly come up with the same decision as before.

Has any body been in the same situation before ? Should I accept this offer or stick to the JR ?

Any advice would be really helpful. I trust members will appreciate that I have got very little time to respond to the offer and I am relying on the forum for some advice.

Thanks in advance.

Zeeshan

[geriatrix]

For anyone to comment on possible course of action, please state the reason of curtailment of leave and conditional entry.

[favour]

Hello, I have applied for judicial review before, when HO made an unlawful decision by stating my application is out of time and did not give me appeal right. when they asked me to withdraw my JR, what they did was to still maintained the unlawful decision that its an out of time application, issue removal notice which I think generated the appeal right.

[zeeshab]

Hi

Thanks for the prompt response. Here is further background info as requested by the moderator.

As requested the reason for the initial curtailment of leave to remain was that the Immigration Officer implied I had utilised deception to gain Tier 1 initial entry clearance as well as extension. This was to do with the points claimed for my earnings. My earning was from two sources and the immigration officer got the figures wrong. In my JR I have put in evidence in form of HMRC returns etc substantiating my claim.

Hope this clarifies the situation somewhat.

Regards

Zeeshan

[Obie]

Well firstly I will seek cost, It is outrageous for them to suggest that you should not.

Secondly it will appear that the curtailment was wrong and there appears to be basis for saying so.

Thirdly there is nothing to consider. The facts and evidence are before them. Section 40 of the UKBA act 2007 gives them the right to check your tax history.

They are asserting, and therefore the burden is on them.

I will certainly advice not to withdraw, as there is nothing to be considered, and even if your did, they should clearly pay your cost.