Fresh application while JR is pending

[jjrajesh]

Hi Vinny & Amber,

Could you please clarify whether making a fresh application is allowed while the Judicial Review for the initial application is pending? (The current visa is still valid for another 4 months)

APL1.20 Applicant makes fresh application while an appeal is outstanding

A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal. If an appellant is subsequently issued an entry clearance, post must inform the tribunals service at: eco.contact@hmcts.gsi.gov.uk. The ECO must ensure that a proforma of withdrawal of decision is also sent to the Tribunals Service and this appeal will stop.

https://www.gov.uk/government/publicati ... utstanding

Regards.

[jjrajesh]

Hi Vinny & Amber,

Please share your views. The information given in the Policy Guidance contradicts from the UKBA Immigration rules. How to clarify?

Thanks.

[jjrajesh]

Hi Amber,

Could you please clarify whether I can make a fresh application while JR is pending and I have valid leave for another 4 months. Is it possible to apply without withdrawing the JR?

Thanks.

[Amber]

Administrative review is not an appeal. You do realise that don't you?

[jjrajesh]

Yes Amber, that's what I wanted you to confirm. Sorry, my query was not clear. When a fresh application is allowed while the appeal is pending, same way can we make a fresh application while the JR is still pending at the court witout withdrawing the JR ? It is an in-country application and the current visa is valid for another 4 months.

Your feedback is really appreciated. Thanks.

[Amber]

If you lost your appeal you don't have an appeal outstanding unless you've appealed to a higher court. Judicial review is to decide if a public body has acted ultra vires, outside the scope of their powers. If you wish to re-apply whilst awaiting the outcome of an application for judicial review, that's up to you.

[jjrajesh]

Amber...thanks for the confirmation. There was no appeal right, so straightaway filed the JR after PAP.

Is it ok to make a fresh application without withdrawing the JR?