Judicial Review - Cost claim by UKVI at AoS stage

[Shaz321]

Hi,

My ILR application was refused under clause 245CD and 322(5).

I then applied for the Judicial Review in Oct'17 and after 42 days I received the AoS (Acknowledgement of Service) from UKVI. UKVI has withdrawn the decision and undertaken to provide a new decision within 3 months in light of the evidence from the original application and the judicial review application. The Home Office are, however, asking the Upper tribunal to refuse the permission for JR and are also applying for their costs.

See the extract from the AoS below:

‘The Respondent (i.e. Secretary of State) seeks her costs of filing this Acknowledgement of service. It is not accepted that the Respondent should pay the Applicant’s costs or that there should be no order as to costs as the reconsideration is being offered in response to further evidence submitted in the Applicant’s Judicial review bundle and in particular his witness evidence.’

"The Respondent requests the following directions:
1. That permission be refused
2. If permission to apply for Judicial Review is refused, the Respondent applies for the costs of considering this claim and preparing and filing the Acknowledgement of Service in the sum of £1,000. That sum represents the time of GLD grade 7 case officer charged for at the rate of £170 per hour for work done reading the claim, advising and corresponding with the Home Office and drafting these Summary Grounds and Acknowledgement of Service."

I understand that any party which loses the Judicial Review process has to bear the legal costs of other party. What I don't understand is that why Home Office is claiming their costs at AoS stage? Has any one else experienced this?

[Obie]

It is outrageous, but you are not the first person that they have done this to. I have come across many cases, where UKVI concedes the case, and any normal department will make a consent order to the effect that, there be no order for cost, but UKVI is not a normal functioning department, and the virus has been past to their litigation team. They ask that the party who succeeds pays their cost. My advise will be to refuse to sign any consent order to that effect and inform the court of the development.

[Shaz321]

Hi Obie,

This is what confused me. They have not sent a consent order. The above extract is from the AOS form they've submitted to Upper Tribunal and my Solicitor. Can we send a consent order in response to this AOS or does it have to be initiated by UKVI?

I'm just worried that this can be one of their tactic to waste further time and then refuse again after 3 months as they've done with some of the members on this site.