Human right application refueds

[amilawal]

Hello,
I hope you guys in this forum can give advice regarding this situation.
I have got a friend who made application to the HO in march 2012. She is the main applicant while her children are dependants.
My friend has been in this country since 2001. SHe came with a visiting visa and overstayed his visa. since 2001 she has managed to go to school and graduated. She also owned a property. She has 2 children age 7 and 3 years old [both born in the uk]. But at the time of the application in 2012, the eldest child was 6 years old. Today after 1 year and 2 months, HO sent a letter and declined the application with No RIGHT OF APPEAL. The home said my friend eldest child was just 6 years old at the time the application was made. They also declined the children on the basis that their mother has been refused. My friend lawyer suggest that he will write to the home office for consideration for a right of appeal otherwise he will refer the case to high court for judicial review. I thaught my friend should make a fresh application on the basis that the eldest child is now 7. What do you think ??

[vinny]

There is currently no basis for a right of appeal under section 82.

[amilawal]

thanks vinny,
do you now think this reconsideration / judicial review makes sense. since the child is now 7 years old, Will you adivice to put in another application?

thanks

[favour]

I think judicial review is applicable when an unlawful decision has been made (against immigration rules). Personally I think re-applying is a better choice, but please still seek others opinions

[CR001]

I think judicial review is applicable when an unlawful decision has been made (against immigration rules). Personally I think re-applying is a better choice, but please still seek others opinions

This post/thread is almost a year old. Am fairly certain that the OP has possibly resolved/appealed already.

[Obie]

There policy is to issue removal notice in case where there are children age 2 /3 and above. But it has to be requested

With a removal notice, a right of appeal is conferred, and can be exercised at the Tribunal.