fresh application after admin review refusal

[yarab]

hello everyone
I wonder if someone can help urgently please.
my spouse visa is curtailed due to seperation with removal notice within 2 days then my solicitor sent his representation and they answered after 13 days and instead of curtailed they said it's cancelled with right of Admin Review and section 120.and they put me under temporary admission
now iam going for admin review to ask them to give me 60 days curtailment and they just can't cancel it like that.as I want the 60 days to apply for a fresh application as I have a british child .
my question is ( if they refused my admin review will I still be able to make a fresh application FLR F-P Parent route ) will it be vaild if I submit one? is it legal to submit one?
or if they refused my admin review they will just remove me without giving the chance to apply for a fresh application ?
please I need an answer pleaseeee

[Obie]

Do you have a child with this person?

[yarab]

Yes I do have a child from my ex wife and they are both British and there is a family case going in terms of child arrangment order

[Obie]

You need to threatened them with a JR in that case, as an appeal right rather than an admin review ought to have been granted, as the curtailment decision breaches you convention rights.

[yarab]

we have threatened them with JR at the first Representation but then they changed word curtailment to cancelled with right of admin review.
my solicitor said we can go for admin review and ask for 60 days again as its not lawful.
my question is Do you think I have a strong case to win the admin review and then I can have my 60 days leave back and then I will be able to apply for fresh FLR F-P?

my second question is
if the admin review is unsuccessful will I be able to submit FLR F-P anyway based on my child? or they will remove me straight away after admin review refusal

please answer my questions
thank you so much for your help

[yarab]

any answers please???????

[yarab]

my question again
can I make a fresh application after admin review refusal ????

[Obie]

Only your solicitors can provide answers to those questions, as he knows the facts of your case, and has your case history before him. Whether you claim was certified, whether you were given period before curtailment, whether you were given a time to stay or curtailment was immediate.

If a certificate was issued and not challenged, you could face , that may create issues.

[yarab]

Only your solicitors can provide answers to those questions, as he knows the facts of your case, and has your case history before him. Whether you claim was certified, whether you were given period before curtailment, whether you were given a time to stay or curtailment was immediate.

If a certificate was issued and not challenged, you could face , that may create issues.

my solicitor told me if the admin review to give you 60 days curtailment was unsuccessful and they cancelled it as they did with immediate effect then we can submit FLR F_P straight away next day before they remove me but he sounds not sure he said I can't see a reason why they will not accept a fresh paid application under parent route as they cancelled your spouse as both of them they different grounds but again he sounds not sure which worries me.

they didn't serve me a curtailment certificate at all they just curtailed it with immediate effect and then when we wrote representation to them they changed word curtailment to cancelled and now we are going for admin review .

all what I need from the admin review is just to give 60 days leave to be able to work and apply for fresh FLR FP
Do you think is there a good change of getting it and if not I don't really know if I will be able to submit a new application and couldn't find the answer anywhere even my solicitor not sure .

thank you so much obie

[Obie]

Probably pre-action protocol ought to have been sent, on the basis that the curtailment was done in an unfair manner.

[yarab]

Probably pre-action protocol ought to have been sent, on the basis that the curtailment was done in an unfair manner.

we challenging it through admin review first
Do you think we should sent pre action protocol plus the admin review?