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What happens if my reconsideration request is refused ?

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itiz
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Posts: 101
Joined: Fri Jul 26, 2013 1:43 pm

What happens if my reconsideration request is refused ?

Post by itiz » Sun Dec 22, 2013 1:14 pm

hi guys,
following my previous threads in which I asked about unfair policy by the UKBA terminating my application.


BACKGROUND - my x wife terminated my application ( Tier 1 dependent ) in 2010 ( which had been held for 2 years ) based on the advise of a caseworker and I was not given any notifications. Hence my solicitor wrote the HO and they didnt serve any notification. So I sent a fresh application based on her advise which was refused with no right of appeal in aug 2013. Hence I sent a reconsideration request which also was refused yesterday.

I have a 5 year old daughter ( born here )whom my x is denying contact and we are in courts for a contact order.

What next, do I do with the HO ????

...they advised me to either reapply or leave ( but noted ) since am classified as an overstayer backdated to 2008, no application would be approved on my behalf ?

Kindly advise.

many thanks

Itiz
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Obie
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Post by Obie » Sun Dec 22, 2013 5:59 pm

Your solicitor should have pursued a Judicial Review.
Smooth seas do not make skilful sailors
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itiz
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Posts: 101
Joined: Fri Jul 26, 2013 1:43 pm

Post by itiz » Sun Dec 22, 2013 6:16 pm

Obie wrote:Your solicitor should have pursued a Judicial Review.

is it too late to pursue one now ? i hear JR are costly and could be a min of £5k and not certain.
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Obie
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Post by Obie » Sun Dec 22, 2013 6:41 pm

UKBA dont reconsider refusals anymore.

The person has to either reapply , seek JR or in your case, apply on the basis on an onging legal pproceedings.

I believe this has been explained to you before.
Smooth seas do not make skilful sailors
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itiz
Member
Posts: 101
Joined: Fri Jul 26, 2013 1:43 pm

Post by itiz » Sun Dec 22, 2013 6:49 pm

Obie wrote:UKBA dont reconsider refusals anymore.

The person has to either reapply , seek JR or in your case, apply on the basis on an onging legal pproceedings.

I believe this has been explained to you before.
Yes it had been explained to me, but I had a reconsideration request pending ( when you previously advised ), which I got a letter from capita yesterday saying the RR was refused. My questions/confusion is

1. Is it legal to accept a letter from capita and not the HO ?

2. What is the time limit to reapply or pursue a JR ? ...based on a failed RR ?

Lastly based on question 2 above, which is better a JR or reapply ?


many thanks
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