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Judicial review

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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joanna2012
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Judicial review

Post by joanna2012 » Wed Feb 13, 2013 9:40 pm

Hi

I wonder if there are people here who have experience of judicial review. Our case has effectively been not decided for a year now and the MP is proving to be useless, hence our decision to file for judicial review. I would really appreciate if you could share your experience, how much time it takes, what documents you have submitted etc. All information will be much appreciated.

Thank you in advance.

Jo
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Obie
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Location: UK/Ireland
Ireland

Post by Obie » Wed Feb 13, 2013 11:23 pm

what is the reason for the claim?

Have you send Pre-Action protocol to the defendant, which in this case will be the Secretary of State?
Smooth seas do not make skilful sailors
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joanna2012
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Post by joanna2012 » Sat Feb 16, 2013 8:23 am

We have not sent the pre action letter yet. Wanted to get some other people views as to what we can expect before we go down the route.

I think irrationality will be one of the grounds.
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Directive/2004/38/EC
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Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Feb 16, 2013 8:39 am

What is the nature of your UKBA application that has not been decided?
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joanna2012
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Post by joanna2012 » Sat Feb 16, 2013 9:21 am

We have applied for EEA2 unmarried partner visa which was rejected. The grounds for rejections was that we applied just a couple of weeks before my partner's previous visa expired.

We appealed and at a hearing the UKBA withdrew its decision stating that there is more than enough evidence to prove that our relationship has been durable. When appealing we did not submit any new evidence bar three photos of us together. We have been now waiting three months. They have been also ignoring our letters asking them to clarify my partner's right to work and over the past year on two occasions they stated they could not confirm his right (COA and letter to employer), twice they stated he did not have the right (letter to employer and response to MP) and some time ago when asked by the MP again they stated he did have the right to work.
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Directive/2004/38/EC
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Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun Feb 17, 2013 6:44 am

Are both of you in the UK now? Why were you applying for a visa?
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joanna2012
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Post by joanna2012 » Sun Feb 17, 2013 8:02 am

We are both in UK. My partner's previous tier 1 visa was coming to an end but we were planning on getting married so did not think about it. We then had to postpone our wedding due to a few deaths in the family hence applied for EEA2.
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Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun Feb 17, 2013 12:31 pm

joanna2012 wrote:We are both in UK. My partner's previous tier 1 visa was coming to an end but we were planning on getting married so did not think about it. We then had to postpone our wedding due to a few deaths in the family hence applied for EEA2.
Ok, so you are not applying for a visa. Visa is only for when you are outside the UK and need to enter the UK.

When did you originally apply for the Residence Card (using form EEA2)?
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joanna2012
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Post by joanna2012 » Sun Feb 17, 2013 6:54 pm

We applied in February 2012.
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wiggsy
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Location: Warwickshire, UK

Post by wiggsy » Mon Feb 18, 2013 6:54 am

Interested in this also....

In case wifes rc is declined :)

Have u got a step by step of the jr process?

Op... Get solvit involved from your country, to put a complaint in about ukba... List euro off I ce address ...

Send email to ukba complaints, euro liverpool, your solvit office, your mp etc... Ensure ukba are aware your raising a complaint... And your mail has ben sent...

stopping your family member working hinders your free movement... Solvit can help...
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joanna2012
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Post by joanna2012 » Mon Feb 18, 2013 8:12 pm

Have already done all of that and no response.
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wiggsy
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Location: Warwickshire, UK

Post by wiggsy » Tue Feb 19, 2013 2:44 am

joanna2012 wrote:Have already done all of that and no response.
12 months for a RC that should take no longer than six months... - compensation of some form? - pre-action letter...?
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spike_UK
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Location: Burton upon Trent
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Contact spike_UK

Post by spike_UK » Tue Feb 19, 2013 6:08 am

wiggsy wrote:Interested in this also....

In case wifes rc is declined :)

Have u got a step by step of the jr process?

Op... Get solvit involved from your country, to put a complaint in about ukba... List euro off I ce address ...

Send email to ukba complaints, euro liverpool, your solvit office, your mp etc... Ensure ukba are aware your raising a complaint...
And your mail has ben sent...

stopping your family member working hinders your free movement... Solvit can help...
Hi, can you please give me solvit information, I also need to do something after 4 months home office with drawn their decision, im still waiting for a response, and even the mp is hopeless!!
Thanks in advance.
Applied for EEA4 on 24/02/2012.
HO received on 27/02/2012.
Refusal received on 16/08/2012 dated 11/08/2012
At the court, the HO REP withdrawn the decision and asked me to send the DOC for the time before marriage.
PR dated 05/03/2013
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joanna2012
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Post by joanna2012 » Wed Feb 20, 2013 7:11 am

spike_UK wrote:
wiggsy wrote:Interested in this also....

In case wifes rc is declined :)

Have u got a step by step of the jr process?

Op... Get solvit involved from your country, to put a complaint in about ukba... List euro off I ce address ...

Send email to ukba complaints, euro liverpool, your solvit office, your mp etc... Ensure ukba are aware your raising a complaint...
And your mail has ben sent...

stopping your family member working hinders your free movement... Solvit can help...
Hi, can you please give me solvit information, I also need to do something after 4 months home office with drawn their decision, im still waiting for a response, and even the mp is hopeless!!
Thanks in advance.
Link to Solvit website http://ec.europa.eu/solvit/. They are not quick neither
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spike_UK
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Posts: 508
Joined: Mon Feb 27, 2012 11:54 am
Location: Burton upon Trent
Contact:
Contact spike_UK

Post by spike_UK » Fri Feb 22, 2013 9:05 am

joanna2012 wrote:
spike_UK wrote:
wiggsy wrote:Interested in this also....

In case wifes rc is declined :)

Have u got a step by step of the jr process?

Op... Get solvit involved from your country, to put a complaint in about ukba... List euro off I ce address ...

Send email to ukba complaints, euro liverpool, your solvit office, your mp etc... Ensure ukba are aware your raising a complaint...
And your mail has ben sent...

stopping your family member working hinders your free movement... Solvit can help...
Hi, can you please give me solvit information, I also need to do something after 4 months home office with drawn their decision, im still waiting for a response, and even the mp is hopeless!!
Thanks in advance.
Link to Solvit website http://ec.europa.eu/solvit/. They are not quick neither
Thank you Joanna.
Applied for EEA4 on 24/02/2012.
HO received on 27/02/2012.
Refusal received on 16/08/2012 dated 11/08/2012
At the court, the HO REP withdrawn the decision and asked me to send the DOC for the time before marriage.
PR dated 05/03/2013
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Sachideo
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Posts: 5
Joined: Fri Mar 21, 2014 10:54 am

Re: Judicial review

Post by Sachideo » Sat Mar 22, 2014 12:13 am

Hi there am new in this forum . Just need an idea actually , I have apply for jr, which has been accepted by the court. In jean early this year I got a letter from the high court mention that the extension time of35 days given to the ho to sent there reply has expired and the case will go to a judge if no request for extension is made . Can anyone could tell me how long I need to wait till I get a date from the court as at no point the oh has send any counter defend regarding my claim
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