INDIAN CITIZENSHIP LAW

[avjones]

Unless there is some very urgent consideration, such as deportation or removal, you need to do the pre-action protocol, warning the other side that you are considering JR proceedings and giving them a chance to change their minds.

[fakira]

del

[avjones]

The Home Office doesn't have to reply (they usually don't bother with pre-action letters, in my experience, but do sometimes) but you have to initiate the process, otherwise you can be penalised in costs later on.

You don't have hte right to judicially review a decision. You need to seek permission first. Your solicitor will either draft himself, or more likely get a barrister to draft (a LOT more likely, most solicitors don't have Rights of Audience in the High Court) grounds.

These are called "Grounds of Challenge" and set out the facts, the decision under challenge, and the ground(s) on which JR is sought.

The matter is then reviewed by a judge on the papers. He can do one of three things - grant permission, refuse permission, or direct that it be heard at an oral permission hearing, if he thinks that would help.

If it is granted on the papers, the matter is listed for a full JR hearing. If it is refused, you can apply within 7 days of the refusal for an oral permission hearing.

At an oral permission hearing, whether directed by the judge or applied for by the Claimant following refusal, the SSHD will normally be represented. Both sides explain why they think it should / shouldn't be granted, and the judge decides. If he grants permission, it is then listed for full JR hearing.

The test for permission is whether it is "arguable" that the decision was wrong in law, for one of the three reasons I set out earlier in the thread.

Timetables - to be considered on the papers is an average of 2-3 months. Grounds I drafted 9 weeks ago have just been considered, and I got an order yesterday granting permission.

JRs are being listed now for hearing in DEcember and January. My clerk listed a one-day JR hearing last week for mid-December, and a half-day one for early December.

[fakira]

thanks very very much for the detailed reply

[fakira]

i finally got the letter of approvalfor full citizenship from the home office
just to let you know that your reply kept me alive during months of agony after my initial refusal
the home office website clearly stated that i was eligible,i did not need qualifications in law to know that just plain common sense
i was very angry that i had to leave a good job in india to be fooled by the home office
i thought of the british to be above board so felt let down bt the home office
apparently the threat of a judicial review helped
i did not know what a judicial reciew was so your professional reply kept hope alive
thanks very much

[archigabe]

i thought of the british to be above board so felt let down bt the home office apparently the threat of a judicial review helped

Im sorry, you are going to be sadly dissapointed if you feel that there is any government on this earth that is/will be above board. There is only one government that is above board and it's not here.

Congratulations on this decision...I know you let off some steam on this boards, but as they say, all's well that ends well!

[vinny]

There is only one government that is above board and it's not here.

Do tell, which one?

[archigabe]

The one that's not here

[vinny]

Do you mean somewhere like there?

[Dawie]

i finally got the letter of approvalfor full citizenship from the home office
just to let you know that your reply kept me alive during months of agony after my initial refusal
the home office website clearly stated that i was eligible,i did not need qualifications in law to know that just plain common sense
i was very angry that i had to leave a good job in india to be fooled by the home office
i thought of the british to be above board so felt let down bt the home office
apparently the threat of a judicial review helped
i did not know what a judicial reciew was so your professional reply kept hope alive
thanks very much

Agony? You were in a good position. Even if they refused your application it would not have been possible to deport you from the UK.

[fakira]

finally i am to receive a letter inviting me to a citizenship ceremony.

question?

HOLDER IS SUBJECT TO CONTROL UNDER THE IMMIGRATION ACT

this is the endorsement at the back of my boc.will it change?