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judical review please help

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Shinshin
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Posts: 6
Joined: Sat Dec 05, 2015 10:14 pm

judical review please help

Post by Shinshin » Sat Dec 05, 2015 11:54 pm

Hello! I'm new here.

I have a Q. My lawyer submitted my JR application a week ago and I have asked several times to give me a bundle of my JR application but she refused to give all pages of the application. She said that it was 300 pages including evidence documents, and said that she would give me grounding part of the application. But she hasn't give it to me yet by saying she was busy. I feel doubt and confused now by her attitude. Is it normal to see my lawyer's attitude in this way or is she trying to hide something to me?

Please advise me how I can get the bundle of my entire JR application.

Thank you.

ps. can anyone let me know how I can write my post on the forum when I have a question?

Shinshin
Newly Registered
Posts: 6
Joined: Sat Dec 05, 2015 10:14 pm

Re: Judicicial Review & Candidate's status

Post by Shinshin » Sun Dec 06, 2015 1:25 am

Hello!

Do you know how long it will take to hear about something from the High Court?
And how many times have you received a letter from Capita?
I received 2 times already before sending my JR Application & they force me to leave the country. I'm extremely frightened by keeping receiving letters from Capita & notice of removal from Home Office. I feel I'll be detained next reporting day, which I go once every month.

I don't know what's going on with these kinds of letters.

Do you have similar situation like me?

naveediiqbal
Senior Member
Posts: 606
Joined: Sat May 26, 2012 5:49 pm
Pakistan

Re: A question about Judical Review please help

Post by naveediiqbal » Sun Dec 06, 2015 1:45 am

Shinshin wrote:Hello! I'm new here.

I have a Q. My lawyer submitted my JR application a week ago and I have asked several times to give me a bundle of my JR application but she refused to give all pages of the application. She said that it was 300 pages including evidence documents, and said that she would give me grounding part of the application. But she hasn't give it to me yet by saying she was busy. I feel doubt and confused now by her attitude. Is it normal to see my lawyer's attitude in this way or is she trying to hide something to me?

Please advise me how I can get the bundle of my entire JR application.

Thank you.

ps. can anyone let me know how I can write my post on the forum when I have a question?
I also feel that is not a professional way. I had myself hired a solicitor to fight appeal case for me and I requested the bundle. They allowed me to choose the papers I want a copy and then happily gave me those. Don't know what other people have witnessed but I had a very good experience with my solicitor.

It might be the case that your solicitor is actually very busy but they might need to discuss and schedule a later time for copying you the docs.

Shinshin
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Posts: 6
Joined: Sat Dec 05, 2015 10:14 pm

Re: judical review please help

Post by Shinshin » Sun Dec 06, 2015 2:19 pm

Thanks for letting me know about your experience & thought!

secret.simon
Moderator
Posts: 11122
Joined: Thu Feb 21, 2013 9:29 pm

Re: Judicicial Review & Candidate's status

Post by secret.simon » Sun Dec 06, 2015 3:46 pm

To the best of my knowledge, during admin review, you are covered under Section 3C (i.e. your status is legal if you submitted the initial application in-time).

But while your case is under judicial review, you are an overstayer and can legally be removed from the UK. If your JR is successful, that will legalise your status retrospectively. But while the JR is in progress, your status is illegal.

You can appeal it all the way to the Supreme Court and also involve the CJEU/ECJ & the ECHR if your case involves aspects of EU law or human rights law.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Shinshin
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Posts: 6
Joined: Sat Dec 05, 2015 10:14 pm

Re: Judicicial Review & Candidate's status

Post by Shinshin » Sun Dec 06, 2015 6:11 pm

Thanks for your knowledge, Secret Simon!

But why do I still receive a letter from Capita forcing me to leave, otherwise they intend to remove me at any time within 3 months? I'm not allowed to access NHS and renting property privately, etc (this is what they say on the letter). Does anybody have the same letter received from Capita? Please give me some ideas how I should deal with this kind of letter.

So as long as my lawyer submitted my JR application on 27 Nov 2015, which was done within 3months from the refusal by HO on 10 Sep 2015, am I staying in the UK legally right now? But what about before the period of this time while my lawyer was preparing my JR application since the refusal received? Was I illegal staying? My lawyer sent a protocol letter to HO in 7 days that informed I was going for JR if they didn't give me in-country right appeal or grant a visa.

And I have an outpatient appointment at a NHS hospital on 10 Dec, should I cancel it? Cos I can't afford to pay it privately.. I've been seeing my consultant for over a year and I think I'll be discharged on this appointment.

I'm confused what situation I am in. My lawyer just said that I have no status & my JR application is pending.

Please do give me some idea how I can understand my situation. thanks

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Judicicial Review & Candidate's status

Post by Zee ali » Sun Dec 06, 2015 9:36 pm

Shinshin wrote:Thanks for your knowledge, Secret Simon!

But why do I still receive a letter from Capita forcing me to leave, otherwise they intend to remove me at any time within 3 months? I'm not allowed to access NHS and renting property privately, etc (this is what they say on the letter). Does anybody have the same letter received from Capita? Please give me some ideas how I should deal with this kind of letter.

So as long as my lawyer submitted my JR application on 27 Nov 2015, which was done within 3months from the refusal by HO on 10 Sep 2015, am I staying in the UK legally right now? But what about before the period of this time while my lawyer was preparing my JR application since the refusal received? Was I illegal staying? My lawyer sent a protocol letter to HO in 7 days that informed I was going for JR if they didn't give me in-country right appeal or grant a visa.

And I have an outpatient appointment at a NHS hospital on 10 Dec, should I cancel it? Cos I can't afford to pay it privately.. I've been seeing my consultant for over a year and I think I'll be discharged on this appointment.

I'm confused what situation I am in. My lawyer just said that I have no status & my JR application is pending.

Please do give me some idea how I can understand my situation. thanks
Hi

Sorry to hear about your situation

Unfortunately u r an overstayer since u received your last refusal. 3 months time to file JR is also illegal time. Capita sending u letter to threaten u so u leave the UK by your own. U cant use NHS and privately renting any property. They r making illegal immigrant life miserable. I think they can't remove u forcefully as u have a pending JR application but still threaten u so u leave voluntarily.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Shinshin
Newly Registered
Posts: 6
Joined: Sat Dec 05, 2015 10:14 pm

Re: Judicicial Review & Candidate's status

Post by Shinshin » Sun Dec 06, 2015 11:41 pm

Hi! Thanks for your thoughts!

But what confuses me is that my landlady phoned HO & asked about my situation, the HO said to her that as long as I have JR application pending I can still live at her house until I get outcome from the High Court.

So regarding my outpatient appointment, maybe should I call HO & ask if I can go for it. If HO say I'll have to pay for it, I'll cancel the appointment in advance. Because I can't afford it.

Please give me some ideas. Thanks a lot!

Shinshin
Newly Registered
Posts: 6
Joined: Sat Dec 05, 2015 10:14 pm

Re: judical review please help

Post by Shinshin » Tue Feb 23, 2016 3:12 am

Hello! There!

I've received refusal JR permission from the Court today with totally no merit. My solicitor is seeking an advice to a barristar currently. It looks very complicated.
Just in case, I want to know about the cost of Court of Appeal
Roughly solicitor / barristar fees plus cost for HO if unsuccessful?

I will appreciate if you give me some idea.

sham.nill
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Posts: 9
Joined: Tue Sep 29, 2015 12:19 pm

Re: judical review please help

Post by sham.nill » Tue Feb 23, 2016 11:18 pm

Hi Shinshin
this is sham , i am wandering what type of visa did u applied for and refused and also what was the reasons for your visa refusal. is there any mistake done by u or your sponsor. please response me.

i also did tier 2 application and got refused on 29th october 2015 and i launch my JR in end of january today i receive letter from treasury solicitor AND home office, they wants to defend my judicial review application.

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