akinsman wrote:Hi
I have just received the decision letter of my admin review after pre action notice filed in regard to the HO initial refusal to grant me admin review based on their procedural irregularities that i submitted the application for review late. The review has now been done and the review team maintained the position of the case working team that i failed to meet Appendix A Paragraph C and 19 SD (VI) and (vii) which briefly states that my accountant did not confirm ''gross and net pay, salary, profits, dates of net payment and tax''. It further mentioned that i did not clearly demonstrate gross earning in my account. This is laughable because i am self employed and trading as sole trader. I dont receive salary from my own business but income and so i could not have shown breakdown of gross salary, and also at the time of submitting the application the tax year had not ended and so no payment on tax had been made that would allow me to show the date of tax payment. More importantly, net payment can not be shown in my bank account but on the statement of income and expenditure which was clearly mentioned by the accountant. infact the income and expenditure account showed the total gross and then itemised deductions excluding tax and what was left was the net income and mentioned in the account. It is very unfortunate I feel tears coming from my eyes even while writing this. In the initial letter of refusal, the case working team also used the point that my accountant did not show evidence of dividend payment. I thrashed them on that and they have now cleverly removed it and now holding on to break down of gross income. I provided invoices and statement of account and both pieces of evidence corroborated eachother. The invoices is a fuller explanation of, and breakdown of, how the earnings were made for the year under review. It showed the name of my clients and addresses, date of payment, rate charged each client and amount paid. It also mentioned the nature of services provided what other breakdown of gross income do they want. if the case working team and the admin review team were confused and needed more explanation the provision of evidential flexibility should have been used but they ignored all this and told me I an now due for removal. I am sorry for my outburst. Can anyone please tell me if I need another pre action protocol or to go straight for judicial review
.Thank you
when it gets to this point -- perpetuation of circular typical-HO stupidity -- you just need to go ahead with JR.
From the HO perspective your stay is now illegal. But your position should be -- you filed an approvable application, so once justice prevails the decision will be eventually rendered invalid, thus putting you in a position when you sitll have 3C leave because it will be still pending.
you should stop worrying about legal presence -- that ship has sailed -- and worry about your JR. this is now the only process that will put this right. You are unlikely to be removed while it is pending.
However whether you need another PAP depends on what you were proposing to challenge in your pap -- failure to give you AR, or the application refusal itself?
In case of the former, I would reissue another PAP now, on the actual merits of the application.
Except
technically the original decision is now time-barred, is one were to go -- again -- with the 10th of May decision date. Time limit for JR is 3 months from the date of the impugned decision. You may try to still file but you have very little time left -- and need to explain this in the filing for permission to apply. I am guessing the relevant date -- as far as the court would be concerned in this case -- will be the date you received the communication from Manchester, as this is the date you knew you were wronged (even if you hadnt received the decision then). under this theory you have 11 days left. not even enough to issue a new PAP if needed. You can try to go with the date you actually received the decision giving you a few more days, although this is all already complicated territory and in any case you have just a few days now.
Now, you can challenge the AR decision based on the AR decision date -- if this is what you received.
However it is possible that what you received is not an AR decision but simply a responce to PAP, restating their original gibberish. In this case, you have a problem.
Without knowing what exactly was in yoru PAP and what exactly it is that you received now, it is hard to advise you.
