Pre action protocol - Entry clearance

[BYC]

My spouse applied for a dependent entry clearance of point based in 2010 was refused under 3207A because he did not declare previous refusals, he thought it was not necessary cos he was advised by people, the issue is that the previous refusals was on a lost passport. Applied again in 2011, now declared all refusals, then was refused under 3207B. We appealed, got dismissed at FTT and UT, because our solicitor didnt challenge 320, he rather was making submissions under article 8, now we are in the process of sending pre action protocol, telling them we are challenging 320 7B under immigration rules.

What is our chance of success if we get a letter from the passport issuing office, to argue the case that deception was not intentional and unaware. can we succeed if we initiate JR.
responses welcme

[Kevin24]

My spouse applied for a dependent entry clearance of point based in 2010 was refused under 3207A because he did not declare previous refusals, he thought it was not necessary cos he was advised by people, the issue is that the previous refusals was on a lost passport. Applied again in 2011, now declared all refusals, then was refused under 3207B. We appealed, got dismissed at FTT and UT, because our solicitor didnt challenge 320, he rather was making submissions under article 8, now we are in the process of sending pre action protocol, telling them we are challenging 320 7B under immigration rules.

What is our chance of success if we get a letter from the passport issuing office, to argue the case that deception was not intentional and unaware. can we succeed if we initiate JR.
responses welcme

Not disclosing previous refusals was really foolish on your Spouse's part..Once they have refused because of deception,they will go back to the initial application.Have you got a good solicitor to challenge their refusal this time? Hope they will consider this time around and grant his visa .

[BYC]

My spouse applied for a dependent entry clearance of point based in 2010 was refused under 3207A because he did not declare previous refusals, he thought it was not necessary cos he was advised by people, the issue is that the previous refusals was on a lost passport. Applied again in 2011, now declared all refusals, then was refused under 3207B. We appealed, got dismissed at FTT and UT, because our solicitor didnt challenge 320, he rather was making submissions under article 8, now we are in the process of sending pre action protocol, telling them we are challenging 320 7B under immigration rules.

What is our chance of success if we get a letter from the passport issuing office, to argue the case that deception was not intentional and unaware. can we succeed if we initiate JR.
responses welcme

Not disclosing previous refusals was really foolish on your Spouse's part..Once they have refused because of deception,they will go back to the initial application.Have you got a good solicitor to challenge their refusal this time? Hope they will consider this time around and grant his visa .[/ We were disappointed and want to file our case by ourselves now. We are aiming to get advice from this forum, we will really appreciate, cos our marriage has really suffered as a result , How do we go about the JR please?]

[BYC]

We were disappointed and want to file our case by ourselves now. We are aiming to get advice from this forum, we will really appreciate, cos our marriage has really suffered as a result , How do we go about the JR please?]

[Kevin24]

We were disappointed and want to file our case by ourselves now. We are aiming to get advice from this forum, we will really appreciate, cos our marriage has really suffered as a result , How do we go about the JR please?]

Pl. read APL-06 Appeals from UKBA website. It clearly explains all you want to know about Judicial Review.

[BYC]

Thanks very much Kevin24, the link is useful. Please can u advise on what grounds can we argue this case?

[Kevin24]

Thanks very much Kevin24, the link is useful. Please can u advise on what grounds can we argue this case?

Glad it was useful for you.. I really don't have experience on this subject. Please be patient till some body who knows will reply. Why don't you consult a good solicitor without delaying? Because Immigration rules are changed very frequently now.

[BYC]

Thanks again, I will be patient to get a reply from this forum, another solicitor will costs more than we have spent a lot of money already.

[Kevin24]

Thanks again, I will be patient to get a reply from this forum, another solicitor will costs more than we have spent a lot of money already.

Agreed. I will also try to do some research and will let you know if some thing comes up.

[Kevin24]

Thanks again, I will be patient to get a reply from this forum, another solicitor will costs more than we have spent a lot of money already.

One good suggestion for you would be to do a Search in this Forum. You will see the Search Button on Top of this page. Type Topic Judical Review and search in the section Immigration of Family Members. You will see loads of Posts ,pick what is relevant to you and read through them. I am sure somebody will respond by then.

[BYC]

God bless you so much Kevin24, I will search for them. Bcos I'm new to the forum, still learning how to explore information from here, anyway I will do the search. Really appreciate your help

[Kevin24]

God bless you so much Kevin24, I will search for them. Bcos I'm new to the forum, still learning how to explore information from here, anyway I will do the search. Really appreciate your help

Thank you for your blessings on an Easter Week end.Please post your Experience as how whether you were able to find any thing.

[vinny]

See also Meaning of 'false representation'.