Statutory review

[FOX]

I have just had my appeal reviewed and granted by high court which the AIT dismissed because they viewed my removal from the UK as 'proportionate to the proper purpose of immigration control'.The high court Judge has therefore ordered that the AIT reconsider it's decision on appeal and take into account what my representative has put forward .The reason for my HO refusal was that i had applied for ILR prematurely on the 7th year as a student.I have now completed 10 years and waiting for another hearing.My questions are:Can i go ahead and apply under long residence concession?What are my chances in this case given that the high court Judge has seen some merit in my submissions.I know the AIT has not been the best 'organisation'as far as justice is concerned.What other options do i have?I have a young family born in this country and would not imagine taking them back to our country of origin which we haven't visited for over 10 years.

[John]

Fox, congratulations on getting this far. It sounds like the High Court has not so much granted your appeal but has remitted the case back to the AIT.

You have clearly had legal representation in at least some of the hearings you have been through. Have you raised your questions with your legal representatives? If so, what did they say?

I suspect that situation is thus. In order to make a 10-year application you need to be "legal" throughout the previous 10 years. But at present that is debatable. If you end up winning your current case then, retrospectively, you will have been legal ... but if you end up losing then that would not be the case.

Accordingly I feel that a 10-year application would be premature at this time. After all the High Court has merely remitted the case back to AIT for them to look at the matter again ... but that is not (based upon what you have posted) a direction from the High Court to conclude the matter in a particular way. So we cannot assume that AIT will find in your favour.

[FOX]

Thanx John for your professional reply.I need to know whether there is any member who has pursued his case to the high court level,Granted on review and sent back to the AIT.What was the outcome?I believe that the High court Judge who does review will only allow if there was 'an error of law' by the AIT and there is a real chance that the original decision will be quashed.Any experiences are most welcome.

[Kayalami]

Fox,

I am not very clear as to your post. One would really need to see all the relevant paperwork (e.g. why did you apply for ILR and on what basis) to state categorically what to do next/ the chances of success. What in your opinion did the AIT initally ignore on a point of law that would result in approval upon re-consideration. I don't think you will get much help from the forum..cases to this level are 'competent legal advisor territory' and even if one was here they would say the same as I have - "Show me the paperwork".