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So you applied to extend your leave so that your wife could give birth and now the child's allergies are keeping you from leaving?? Even if the allergies are severe, call me skeptical. Is you stay here legal? If leave was seen to be broken at some point, 10 years is broken.arif.scorp wrote:Thank haris for the reply, I did spoken to my solicitor and he said jr is the only option left when their is no right of appeal, as far I know pre-action protocol is done by ukvi before going for jr and I guess judicial review is handle by the court where his challenging my case, but could plz tell me what is the merit of my case. Thank you once again.
JR is not an appeal.arif.scorp wrote:Thanks physicskate but in jr I think they dont see the decision was right or wrong but I guess they check wheather it is taken through lawful or unlawful because in my case home office returned my first application which right and payment page was filled but they returned it as invalid and said payment page is missing which is not the case if atleast I'll get the appeal right than my section 3c will start my timer for 10 year route so plz let me know the merit of my case atleast they will give me appeal right. Thanks
You probably are confusing judicial review with administrative review. Administrative review is when the decision is reviewed by another caseworker within the Home Office. Judicial review is when the case is taken to an independent court/tribunal. So, JR is not done by the UKV&I.haris_zam wrote:as jr is concerned its a joke, JR is done by the ukvi themselves ,and its another monry making scheme, very few if any get something out of it.
secret.simon wrote:More info on JR
https://www.judiciary.gov.uk/you-and-th ... al-review/
Broadly, the judge reviewing the Home Office ruling does not look at the outcome of the decision, but whether the correct procedures and standards have been followed. So, it is a procedural review, not one that is concerned about the outcome. It is a judicial review by a judge, but they must adhere to the same rules as the Home Office case worker. It is not a court case by itself.
Correct me if I am wrong, but your wife is no longer pregnant, thus even if JR is successful, the application is doomed to fail!! Pointless pursuing this other than to buy time. I am of the opinion that you have already bought yourself two years....arif.scorp wrote:@secret.simon my solicitor said he had sent the photo copy of the payment page as an evidence because the original should be with home office and he has challenge in jr that the first application which was flr o was the correct form for medical grounds. My question is secret.simon, does the court will accept as evidence the photo copy of the payment page which my solicitor has submitted in jr and does in my wifes pregnancy situation flr o application was the Wright form pleas secret.simon reply on this thank you so much.
Hi Ikunfayakun wrote:same case happened to my friend 3 months short of 10 years and Home office refused the ILR application with the right of appeal, Home office won the appeal and now struggling with JR, nowadays HO seems very tough and now recently been advised to wait for his child to turn 7 years to apply for the FLR