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Judicial review

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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the39
Newly Registered
Posts: 8
Joined: Fri Nov 10, 2017 12:46 am
China

Judicial review

Post by the39 » Fri Nov 10, 2017 1:28 am

Hi all,

I submitted my application in June and have been awaiting for a decision ever since. Complaints have been lodged and MP has been contacted for resolving the issue. So far, a decision is yet to be made. My immigration lawyer suggested that I could use judicial review to pressure Home Office to make a decision. Anyone has done a pre-action protocols? Is it effective?

Is it the best option I have now? My concern is that pursuing this direction would incur a lot of additional fees and might take a long time. Any thoughts?

wegiwegi
Member
Posts: 161
Joined: Thu Apr 10, 2014 2:48 pm
Switzerland

Re: Judicial review

Post by wegiwegi » Fri Nov 10, 2017 2:45 am

Well, if you applied for a RC, then after 6 months you can start to chase them, not before.

If it was for a Family Permit, then you have been waiting for a long time, do not know if it would help a judicial review, senior members would have an idea on what to do.
Timeline:
Fourth application sent 21.07.17
HO received 24.07.17
Paid on 25.07.17
Biometrics 23.08.17
COA received 07.09.17
Passports received 07.09.16
Status: Decided on 10.11.17
Documents returned 13.11.17 dated 09
RC 13.11.17 dated 09

Doublestarxx
Newbie
Posts: 46
Joined: Mon Aug 12, 2013 6:43 pm
Mood:
Nigeria

Re: Judicial review

Post by Doublestarxx » Fri Nov 10, 2017 12:55 pm

Waste of money. JR may work when there has been a decision made and you have gone through other levels of appeals or reconsideration.

You need to wait 6 months and after you can probably contact your MP or write a complaint. if you encountered loss due to delay after 6 months and you have the resources , you can decide to pursue legal claims for losses from HO.

So many people wait more than the stipulated timeframe, it all depends on the complexity of the case or number of applications they have and so many other reasons. Be patient and hopefully, you will be writing success story :) than funding your lawyers pockets.

the39
Newly Registered
Posts: 8
Joined: Fri Nov 10, 2017 12:46 am
China

Re: Judicial review

Post by the39 » Fri Nov 10, 2017 7:47 pm

Thanks guys. I applied for EEA FP. It has been five months now since I submitted the application. The wait is just ridiculous. I have been unable to look for jobs since my passport has been held by the Home Office.

Anyone else have experiences with judicial review to deal with unreasonable delays?

User avatar
Casa
Moderator
Posts: 25774
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Judicial review

Post by Casa » Fri Nov 10, 2017 8:37 pm

An EEA FP application is submitted from outside of the UK. Have you applied for an RC :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

the39
Newly Registered
Posts: 8
Joined: Fri Nov 10, 2017 12:46 am
China

Re: Judicial review

Post by the39 » Sat Nov 11, 2017 2:22 am

Casa wrote:
Fri Nov 10, 2017 8:37 pm
An EEA FP application is submitted from outside of the UK. Have you applied for an RC :?:
Yes, I applied for an EEA FP from outside of the UK to join my wife.

secret.simon
Moderator
Posts: 11220
Joined: Thu Feb 21, 2013 9:29 pm

Re: Judicial review

Post by secret.simon » Sat Nov 11, 2017 6:16 am

First rule with immigration (to any country, not just the UK) - Plan ahead.

Second rule with immigration - Immigration processes teach you patience. Learn well.
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.

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