Onlyravian wrote: ↑Tue May 22, 2018 2:51 pmDear all,
I have applied for Tier 1 (Entrepreneur) application in Pakistan on 04/01/2018. I was interviewed on 24/01/2018. My application was refused on 29/01/2018. The Entry Clearance Officer (hereafter ECO) awarded me all the requisite points i.e. 95 but made three observations as basis of refusal. These observations were, mainly, about the business plan and the interview. It is clear from his observations that he did not bother to read the business plan and he is absolutely unaware of the business idea. It appears that he speculated every time, throughout the refusal decision, because whenever he referred to my business plan, he made a mistake. For instance, saying my business plan did not have some particular detail which it clearly had. Also, the interview questions were very general in nature and he did not relate any question to my business plan. It seemed that ECO just followed a structured pro-forma.
I highlighted all the errors made by the ECO and applied for administrative review request on 21/02/2018. I got the AR response back on 07/03/2018. The Entry Clearance Manager (hereafter ECM) withdrew the first observation of the decision but maintained the remaining two observations of the ECO's original decision. He did not challenge any of the information that I provided in the AR application but sated that I should have conveyed this at the time of interview. Now, irony of the matter is, how can I provide this information at interview unless I have been asked a relevant question. Moreover, he avoided to comment on the ECO's mistakes that were highlighted in the application and overlooked the facts.
First, I thought to reapply but then, what could I do differently in the new application. The grounds of refusal are non existent and the ECO just made them up somehow with his presumptuous mind.
I prepared Pre-action Protocol (PAP) application and applied on 06/04/2018 and got a response back on 23/04/2018. The additional reviewer gave a very general response saying that she is not satisfied like the ECO and the ECM. In the meantime, I have requested interview transcript through SAR request. I have got a letter back saying that my photo ID (passport) needs to be attested by either a solicitor, a registered charity or oath commissioner in the UK. How can I get this attested in the UK while I am in the Pakistan?
Now, I have decided to go for Judicial review (JR) application. I have been chasing up law firms since the PAP decision. To my surprise, the law firms are hell expensive and I have got quotes like 10-20K for this private JR application. I am thinking to lodge this application by myself. I believe, a part of recent case: R (on the application of Anjum) v Entry Clearance Officer, Islamabad (entrepreneur – business expansion – fairness generally) is going to be very relevant to my case. My questions are:
Is 3 months deadline applicable in my case? (in guidlines it says 3 months from the original decision whereas a law firm told me that it is from the AR decision)
Is there any way I could get the interview transcript whilst being in Pakistan?
Can I apply for the JR on my own without hiring a solicitor/barrister?
In the JR claim form there are two different sections, Section 5 Detailed statement of grounds and Section 8 Statement of facts relied on. What is the difference between section 5 and section 8?
Could anyone, who has been through same JR process, possibly share the template of JR claim form for me to use as guide?
Please advise considering my current situation. Your help would be greatly appreciated.
Best regards,
Is it intial application ??
