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Withdrawal of Judicial Review

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maninc
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Posts: 2
Joined: Wed May 14, 2014 4:52 pm

Withdrawal of Judicial Review

Post by maninc » Sun May 18, 2014 11:25 pm

Dear Bloggers,
I entered the United Kingdom on (22 or 23) September 2003 on a year student visa, validity until 31 October 2004.
An in the country application was made for an extension of the Student visa in 2004 and it was granted leave 0n the 5 October 2004 with validity until 31 January 2007.
Another application was made for an extension before the expiration and it was granted on 9 January 2007 with validity until 31 January 2008.
International Graduate Scheme was applied for and it was granted to run between 5 February 2008 with validity until February 2009.
I applied for an extension of my leave to Post Study Worker in-time by February 2009. The application was refused on 6 March 2009. I legitimately challenged this decision and was granted leave from 14 January 2010 until 14 January 2011 as post study.
Admitted to University for PGCE Secondary Science (Physics) in September 2010.
Arrested by the police on the 17 January 2011 on the charge of assaulting.
Got an acknowledgement from the UKBA dated 17 January 2011.
Sometimes in February 2011, the UKBA sent the application back as incomplete on the basis of the inability to process the application fee.
I immediately re-submitted the Tier 4 application on the 28 February 2011.
I got an acknowledgement from the UKBA dated 2 March 2011 that my application has been passed on to a case worker.
The UKBA on a letter to me dated 1 July 2011, said I did made a valid application, but would not be making any decision because of the ongoing court proceeding.
The UKBA was informed by me of the outcome of the court proceeding in a letter dated 14 September 2011. I was found not guilty of the assault charge.
On the 22 November 2011, the Tier 4 application was refused by the UKBA due to insufficient fund to cover maintenance and WITH NO RIGHT OF APPEAL.
However, this was not so as maintenance evidence in form of my foreign bank statement was sent with the application by recorded delivery postage.

AT THIS STAGE, I HANDED OVER THE CASE TO A SOLICITOR
Solicitor on the 20 December 2011 wrote to UKBA with a pre-action protocol letter urging them to re-consider and permit the application, or alternatively grant a full right of appeal. The UKBA did not respond to this letter.
A discretionary leave to remain application (FLR(O)) was made on 5 April 2012.
Biometric data was submitted to UKBA on 28 May 2012.
Letter dated 19 June 2012 from the UKBA refused the discretionary leave to remain application.
JR is been considered.
LAst week my solicitor sen me the below email

Further to earlier communications, please find below copy email that I have sent to the Treasury Solicitor in progress of your matter.
Please be informed that costs have been agreed in principle, and I shall now revert to you as soon as I am able. I have proposed that the Home Office decision be made within three months of any Consent Order.
We write further to our telephone communication this morning and note that your client’s have agreed costs in principle. With a view to progressing matters further, we are keen to incorporate the exact amount of the agreed costs within the Consent Order to ensure that this is paid promptly.
Having reviewed our file we can confirm that we have received over £2,000 from our client within these proceedings. However with a view to negotiating with yourselves promptly and progressing matters further we have agreed to accept £1,500 in full and final settlement of our client’s claim for costs, such costs to be paid within 28 days of the final Consent Order.
We would also request that the Consent Order provisionally drafted be amended to confirm that in the event that the decision of the Defendant being adverse, the Claimant be provided with a removal decision challengeable by way of appeal.
We now look forward to hearing from you in this regard promptly with a view to resolving matters by the end of next week if at all possible.

Now my question is SHOULD I ACCEPT TO WITHDRAW THE JR.
Many thanks.

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