Judicial review help!!!!!!!!!!!!

[diehard]

Hello people
I would like to thank all my friends/mods for the help i got from here so far
I applied for indefinate leave to remain in jan 2014 as a spouse on old 2 year rule. After 5 months , got a letter from a caseworker to get my degree deemed by uknaric by 19th july . however on 13th july i got a refusal with 2 years further leave to remain. I did still sent the uknaric after refusal, by the deadline given.i.e. 19th july. I wrote millions of letters/phone calls/complaints to re consider but no reply from home office.
I sent pap , they replied maintaining the decision saying i did not give naric with the application as per rules so they will stick to refusal. also the pap reply was posted 15 days after it was typed!!!
also yesterday after 3 months the caseworker returned my naric document with a letter saying thank you, we are returning your document back to u . he obviously hasnt bothered to think that this is why he had refused my application!
I have applied now for a JR without any solicitor.
so can you guys please tell me me if I have much chance of winning?

[Obie]

You have every chance of succeeding. But keep all your proof or evidence. They will be vital.

You may need some legal assistance along the way.

Also keep the letter they sent you.

[diehard]

Thanks Obie, that letter is what I have used at evidence, along with the refusal decision letter.
One thing I did not mention is that because they gave me 2 weeks to send naric and naric takes 3 weeks to process , I requested my passport on 11july through withdrawal of docs stating I m waiting for naric but I plan to sit b1 too as b1 would be granted on same day and I can send it immediately instead of asking them extra time.
Hence they instantly gave me a refusal saying I did not give naric.
In my pap response they have stated refused as I requested them my passport to sit b1.
Does that make their case any stronger?

[Obie]

That make no sense. If they had refused on the basis that you requested passport,, then 2 years would not have been granted and a letter accompanying saying you have not provided an appropriate certificate. Very strange.

[diehard]

I was shocked as well. Wish they had not given me 2 year so at least I could get right to appeal.
On refusal letter all it says that I have not satisfied English requirement as my degree not deemed, however I have given them life in uk plus my genuine relationship hence 2 here's given. Obviously caseworker did not check the notes that it was already requested by another caseworker hence she had returned my degrees with the letter.
On pap response they have mentioned that I made a passport request to sit b1, even though I had sent them proof that I have applied to naric and await certificate.

[diehard]

Also in refusal and pap response they have written that i can re apply before end of 2 years given for IlR Its quite obvious that they want me to pay the full fees again and wait another 6 months!

[Obie]

You can certainly JR their decision and claim your cost from them.

[diehard]

Cheers Obie, I have made a strong case with their 2 letters, and 7 reconsideration requests I made which were ignored.
also since I got entry clearance and demonstrated English requirement in 2012 by using the same degree, I should not have to be prove English language again for settlement. Is that correct or have I got that wrong?

[diehard]

Hi All
I have received a letter from treasurt solicitor asking me to withdraw jr and they will reconsder the ilr application within 3 months .
Can i refuse the offer, asking to grant ILR first and then agree to settle. also shall i ask for compensation, court fee etc ?
Many Thanks

[ALI97]

Hi when u sent PAP and after how many days u recieved response .I sent my PAP still waiting home office reply

[Obie]

Hi All
I have received a letter from treasurt solicitor asking me to withdraw jr and they will reconsder the ilr application within 3 months .
Can i refuse the offer, asking to grant ILR first and then agree to settle. also shall i ask for compensation, court fee etc ?
Many Thanks

It is open to you to do that.

It seems to me , that there is nothing to consider, is there .

[Obie]

Hi when u sent PAP and after how many days u recieved response .I sent my PAP still waiting home office reply

You have to focus on the deadline you gave them for response and not how long they take to reply.

Different people will send different PAP, with different deadline
What is your solicitor saying.

[diehard]

Thanks Obie, exactly what I have written, there is nothing to consider, they have received whatever they wanted.

[diehard]

Hi , very interesting fact about my response to pap, they typed it after a week of me sending them pap, but posted after 15 days, so I received it on the 90th day, last day for me to seek jr, such crafty rats.
This point I raised in my actual claim along with envelope to the court to show it was posted 15 days after the date, so all together they took around 25 days.

[ALI97]

Thanks Obie and Diehard for your response
Obie we give 14 days deadline and my solicitor advice we will go for JR after this deadline.
But I see on this forum home office reply comes after deadline may be we will wait one week more than deadline then definitely. Go fo JR as I have all evidence to support my claim

[diehard]

Hi Ali, JR is the best option , i wrote thousand letters for re consideration to case worker, not a single one responded. No response to complaint as well. the first time got a direct phone number to talk to was a treasury solicitor after JR lodged, otherwise all the letters to caseworker go in a dark hole.
I strongly suggest no one wastes times writing to caseworkers or complaints as they are all on mute.

[mkhan2525]

Hi Ali, JR is the best option , i wrote thousand letters for re consideration to case worker, not a single one responded. No response to complaint as well. the first time got a direct phone number to talk to was a treasury solicitor after JR lodged, otherwise all the letters to caseworker go in a dark hole.
I strongly suggest no one wastes times writing to caseworkers or complaints as they are all on mute.

Agreed, there is no point in asking for a reconsideration. It is a complete waste of time and they won't reconsider your case. I was lucky I received a reply from them on my reconsideration request only because my MP was on the case. In the end I received a default rejection letter with no explanation other it didn't meet their policy.

[ALI97]

update for my case
today recieved home office letter in response of PAP letter(01/11/2014) .home office accept there mistake and agree to reconsider and request to send passport which i already posted today

Thanks to everyone .....espesially obie who gave me this advice and was sure will be sorted before jr

[Obie]

Very pleased for you.

Wish you all the best for the future.

[ALI97]

thank you very much Obie God bless you

[diehard]

Hi Obie, I have received another letter today from treasury solicitors to withdraw my case stating they have agreed to reconsider and if I do not they will try to put costs on me etc etc..shall I stick to getting ilr first or get scared ? Many thanks and congrats Ali

[ALI97]

Hi diehard' great news regarding my case . my ilr application approved got passports and cards