Can I ask Home office to grant my applicatin directly ?

[ukappss]

Dear All,

I need some suggestion.

Basically, my ILR application and AR were refused by home office, so I went to JR.

Permission was granted.

My case is simple and directly, that home office made a mistake.

now I got a letter from home office asking me to withdraw JR and they will reconsider my case.

I don't want to take this offer.

Can I ask them to grant my ILR directly, otherwise I would rather to continue JR since by this way, I will get my money and cost back. My case is 100% win, even home office has already realized this.

Has anyone had similar experience like me? anyone ask home office to grant rather than reconsideration?

many thanks

[monty87]

If the remedy sought by way of Judicial Review is quashing order i.e reconsideration then Home Office will simply reconsider your case. You can try to persuade them to grant ilr outright but even if you win JR, case will go back to Home Office for reconsideration in the light of conclusive findings of the judge. Try to negotiate consent order with Home Office to reconsider on the basis of rectification of error so they don't refuse on the same grounds (in some cases HO does that). New decision must be lawful which is not affected with unlawfulness of previous decisions. You will not be able to recover all costs if you pursue substantive hearing because you have essentially gained effective remedy which is reconsideration by the Home Office prior to hearing. Court will see it as waste of time and money. In quashing order matters, judge cannot grant you ilr it will still go back to Home Office. You only want to take this to substantive hearing to if you want court to give their legal judgement with regards to the dispute and Home Office will be legally obliged to make thier decision in light of conclusive findings of judge.

[ukappss]

If the remedy sought by way of Judicial Review is quashing order i.e reconsideration then Home Office will simply reconsider your case. You can try to persuade them to grant ilr outright but even if you win JR, case will go back to Home Office for reconsideration in the light of conclusive findings of the judge. Try to negotiate consent order with Home Office to reconsider on the basis of rectification of error so they don't refuse on the same grounds (in some cases HO does that). New decision must be lawful which is not affected with unlawfulness of previous decisions. You will not be able to recover all costs if you pursue substantive hearing because you have essentially gained effective remedy which is reconsideration by the Home Office prior to hearing. Court will see it as waste of time and money. In quashing order matters, judge cannot grant you ilr it will still go back to Home Office. You only want to take this to substantive hearing to if you want court to give their legal judgement with regards to the dispute and Home Office will be legally obliged to make thier decision in light of conclusive findings of judge.

Thanks a lot monty87,

Home office refused my application since their own wrong data...which they found out finally and corrected it already, so I don't worry about they refuse me again with the same reason.

There are two purpose I might continue JR:

1. I spent a lot by hiring a good barrister and I should be paid back if I win this case, which is 100%

2. I was rejected by the reason "cheating" which I can't tolerate and I would like a court sentence to proof in future that this is due to Home office's mistake. To be honest, I even thought about to immigrate to Canada, but I can't leave UK with a cheating record.

that's why I am thinking to ask home office either grant my application directly or go to JR and pay me lost.

[monty87]

If you're confident that Home Office has only refused on the basis of wrong data then let them reconsider your application as it is the same effective remedy you will get after quashing order from court and case law . If Home Office has consented to pay reasonable costs to be assessed if not agreed in consent order then you will get your legal costs back. You may not get full legal costs after pursing hearing as judge wants to know the practicality of pursuing hearing and in this case Home office has already consented to reconsider.

Don't worry about other costs or 'damages'. You can claim that via civil litigation against home office unlawful and unprofessional decision once you have successfully obtained ILR. Get ILR first, you will get everything else after that.

[ukappss]

Thanks a lot.