bilali1 wrote:hi friends i need help, my friend applied for indefinate leave to remain due too domestic voilence, home office refused then we applied 1st tribunal they refused again now i applied judicial review and they granted me permision to application, now i received a letter from tsols they said homeoffice want to withdrawal application and reconsidertion our case.. they doing some adminstrative review...
now i am confused what i have to do... my solicitor not here, plz give me some legal advice.
In order to withdraw JR, you should persuade HO to sign Consent order as per your terms and HO is legally obliged to follow it.
i) withdraw original refusal decision and reconsider application within 3 months
ii) Respondent to pay reasonable costs to be assessed if not agreed
@sam2017
You would not have been able to submit JR if HO has agreed to reconsider their decision at PAP stage. I would suggest to send PAP letter to GLD along with any correspondence you had with HO after 3 months, if HO does not reply in 14 days you can go ahead and lodge JR. I understand that you cannot challenge after 90 days however in your current circumstances, you can demonstrate to upper tribunal that HO was meant to give you decision within 3 months and it has been a month over their committed time frame so you should start counting time frame after 3 months have lapsed whilst reconsideration by HO. I think it would be considered fair on your circumstances.
