FLR(O) Discretionary Leave waiting times ..??

Believe2013 · Post by **Believe2013** » Tue Aug 20, 2013 8:28 am

Keisha, sorry to hear that, I know your faith is well placed in the Lord. don't hesitate the JR route. we are with you all the way.

@nuchi - be strong, the officer would have definitely seen / heard something. You are so close.

Good morning all

yummymummy3j · Post by **yummymummy3j** » Tue Aug 20, 2013 8:52 am

@progeny5kay , i waited two weeks b4 homeoffice took fees out of my account

yummymummy3j · Post by **yummymummy3j** » Tue Aug 20, 2013 8:54 am

goodnews will be flooding the forum this week in jesus name

verbina · Post by **verbina** » Tue Aug 20, 2013 9:21 am

Keisha wrote:Good Evening bloggers,

Hope you had a wonderful weekend.As for me,I'm sorry to plaster this wall with not so nice news but the devil is trying me by refusing me a stay.The letter stated that haven't been here for more thAn 20yrs and that have no right to appeal.They even said should contact my local team for departure by 22/ 08 and I rebuke that in Jesus name.The solicitor said we should go for a Judicial Review and they explained the procedure.The fee...*sighs*...more than £2000 and I believe that God will provide.

I have decided to let God fight this battle for me as I go for the JR.I hv been here for 10yrs and reckon the HO case-worker wanted to rush to the pub and decided to put a red stamp on my application form.The devil is a liar for I serve a Living God who's Greater than everybeing in the Heavens and on Earth.I'm may feel deflated but that won't stop me from flashing a smile and thanking God.So,please bloggers remember me in ur prayers!

Have a blessed week!

@Keisha terrible that some caseworkers dont give applications proper consideration and as you say, stamp refusal, then go off for a bevvy!

You just stay strong girl and hit them back where it hurts the most-with a judical review! Your spirit and faith have been a source of inspiration for us all here! Our thoughts and prayers are with you babe!! Hugs

verbina · Post by **verbina** » Tue Aug 20, 2013 9:25 am

Morning folks!

Just a random thought....

Say one gets refused and goes for Judical Review and its successful, can the judge order HO to pay the costs? As it was a procedural error by their caseworkers that's brought case to court...

carrotcake · Post by **carrotcake** » Tue Aug 20, 2013 9:25 am

@Keisha - Sorry to hear about the refusal. Stay strong. I have been following this blog since last year September.
My hubby applied last year Sept but still waiting…

Can you share our time timeline and story please?

verbina · Post by **verbina** » Tue Aug 20, 2013 9:29 am

Nuchi wrote:Went to the reporting centre for the signing, officer said there's a good news that the visa has granted and had sent a letter to the solicitors early of this month. Rang the solicitors but they said they didn't receive any letters from ukba. Confused

Urrrrrm Im sure the good news will eventually reach your solicitor hun!! Hopefully today or tomorrow!!!

yummymummy3j · Post by **yummymummy3j** » Tue Aug 20, 2013 9:31 am

@verbina a judge has the power to ask the ho to pay cost but they rarely say so.....i think one can ask ho for compensation and if they refuse , thats when ombudsman comes in

verbina · Post by **verbina** » Tue Aug 20, 2013 9:35 am

yummymummy3j wrote:@verbina a judge has the power to ask the ho to pay cost but they rarely say so.....i think one can ask ho for compensation and if they refuse , thats when ombudsman comes in

Aha!!!!!! You clever baby!!!!

At least its a little bit fair this way!!!!

hatchsead · Post by **hatchsead** » Tue Aug 20, 2013 9:52 am

verbina wrote:Morning folks!

Just a random thought....

Say one gets refused and goes for Judical Review and its successful, can the judge order HO to pay the costs? As it was a procedural error by their caseworkers that's brought case to court...

@Verbina, Unfortunately cost is not award unless you sue for compensation along with the review of the case. Even if you do this, it is at the discretion of the court but this rarely happens. You will need to convince the court that it has caused you severe financial inconvenience and hardship but even at that, it all comes down to the judge using discretion.

All in all, it is the favour and mercy of God that matters most.

Believe2013 · Post by **Believe2013** » Tue Aug 20, 2013 10:00 am

Hi Verbina,

Correct the losing side usually foots the bill for JR so in some cases the HO will concede just before court proceedings.

Believe2013 · Post by **Believe2013** » Tue Aug 20, 2013 10:04 am

Believe2013 wrote:Hi Verbina,

Correct the losing side usually foots the bill for JR so in some cases the HO will concede just before court proceedings.

I will clarify - the winning side can make a claim for costs if they wish to!

verbina · Post by **verbina** » Tue Aug 20, 2013 10:05 am

hatchsead wrote:
verbina wrote:Morning folks!

Just a random thought....

Say one gets refused and goes for Judical Review and its successful, can the judge order HO to pay the costs? As it was a procedural error by their caseworkers that's brought case to court...
@Verbina, Unfortunately cost is not award unless you sue for compensation along with the review of the case. Even if you do this, it is at the discretion of the court but this rarely happens. You will need to convince the court that it has caused you severe financial inconvenience and hardship but even at that, it all comes down to the judge using discretion.

All in all, it is the favour and mercy of God that matters most.

Right! Thank you for your kind explanations!! There s no particular reason as to why I had to ask this, it just occurred to me, those going for JR sort of suffered injustice and they managed to prove it, so its kind of odd why they have to pay so much when its established HO are in the wrong...
Anyway, ignore me.... dunno how my head operates sometimes and why I get all this weird stuff in it...

hatchsead · Post by **hatchsead** » Tue Aug 20, 2013 10:06 am

Believe2013 wrote:Hi Verbina,

Correct the losing side usually foots the bill for JR so in some cases the HO will concede just before court proceedings.

There are procedures and guide for Judicial Reviews;

http://www.publiclawproject.org.uk/down ... JRProc.pdf

verbina · Post by **verbina** » Tue Aug 20, 2013 10:12 am

Believe2013 wrote:
Believe2013 wrote:Hi Verbina,

Correct the losing side usually foots the bill for JR so in some cases the HO will concede just before court proceedings.
I will clarify - the winning side can make a claim for costs if they wish to!

Oh okay! In this case Id hate to be a 'losing' side lol and have HO try and get their costs reimbursed by poor li'l meee

hatchsead · Post by **hatchsead** » Tue Aug 20, 2013 10:12 am

Apart from using a Solicitor, i digged around and found a good book which covers everything on immigration in the UK to date. For those that can afford it, its a good book to fall back on atimes.

British Immigration Practice Handbook: Volumes 1 & 2 (2 Volume Set)

verbina · Post by **verbina** » Tue Aug 20, 2013 10:14 am

hatchsead wrote:
Believe2013 wrote:Hi Verbina,

Correct the losing side usually foots the bill for JR so in some cases the HO will concede just before court proceedings.
There are procedures and guide for Judicial Reviews;

http://www.publiclawproject.org.uk/down ... JRProc.pdf

Great stuff! Thank you!! Ill have a look now!

hatchsead · Post by **hatchsead** » Tue Aug 20, 2013 10:16 am

verbina wrote:
hatchsead wrote:
Believe2013 wrote:Hi Verbina,

Correct the losing side usually foots the bill for JR so in some cases the HO will concede just before court proceedings.
There are procedures and guide for Judicial Reviews;

http://www.publiclawproject.org.uk/down ... JRProc.pdf
Great stuff! Thank you!! Ill have a look now!

Damages; Before the Human Rights Act came into force, damages were rarely awarded in judicial review and were not available to compensate people who had unlawful decisions made against them. Damages may now be awarded where a public body has unlawfully interfered with your human rights.

yummymummy3j · Post by **yummymummy3j** » Tue Aug 20, 2013 10:20 am

@hatchseed thx soo much for d info...havin been in d situatn myslf , i am seriously considerin a career in immigratn law

Kukuwife · Post by **Kukuwife** » Tue Aug 20, 2013 10:22 am

Believe2013 & hatchsead are absolutely right. There are so many cases awaiting JR, the court is now overwhelmed and another backlog is been artificially created. This is a tactical maneuver by HO to clear their books so that when the inspector come it will look good.
Hopefully the court will recognises this act of abuse and award compensations against HO in all cases. Then this stupid act of silly reasons for refusal will stop.

Believe2013 · Post by **Believe2013** » Tue Aug 20, 2013 10:22 am

@Verbina - Hence the eagerness of Chris Grayling to ban Judicial reviews in the First Tier Tribunals. The Law Society would have his head on a platter if that transpires -probability is zilch! Anyways how are you getting on?

verbina · Post by **verbina** » Tue Aug 20, 2013 10:23 am

hatchsead wrote:
verbina wrote:
hatchsead wrote:
Believe2013 wrote:Hi Verbina,

Correct the losing side usually foots the bill for JR so in some cases the HO will concede just before court proceedings.
There are procedures and guide for Judicial Reviews;

http://www.publiclawproject.org.uk/down ... JRProc.pdf
Great stuff! Thank you!! Ill have a look now!

Damages; Before the Human Rights Act came into force, damages were rarely awarded in judicial review and were not available to compensate people who had unlawful decisions made against them. Damages may now be awarded where a public body has unlawfully interfered with your human rights.

Hip hip hooray hooray hooray!!! So it kinda means that if one loses in JR, then HO cant exactly turn around and sting you with their costs bill!!
Thank you so so much for this info hun!! Its good to know these things for those considering JR route!!

God's Authority · Post by **God's Authority** » Tue Aug 20, 2013 10:23 am

Hi Everyone,

I have been a silent follower of this forum and I thought perhaps its time to register and get some views on my situation.

Very briefly , I applied for FLR(O) in August 2012 and did my Biometrics in March 2013. Myself as the main applicant and my child and partner as dependants.
I met my partner here in 2009 and somehow along the line I got pregnant, my child was born with a genetic disorder, which could be life threatening when the illness associated with the disorder occurs. My partner and I actually met whilst on study of a Masters programme and today we are very much together along with our daughter who is on daily medication just as a precaution and to boost her immune system. She also see the paediatrician regularly. My partner and I had student visa, then post study and then we decided that as there was no other option to renew our visa and we could not risk going back home ONLY because of our daughter, we could try the FLR(O) other reasons and on compassionate grounds.

We are both currently working and we submitted an in time application as well. We provided evidence of our employment, doctors report for my daughter and myself, as I have had a couple of medical issues in the past. We also submitted all details of our promotions at work, recommendation from our church of worship with regards to contributing to a church project and also we submitted evidence of our intent to marry in 2011 but whcih did not hold due to relationship issues we were having at the time.

We also provided all of our daughter's medical history, birth certificate and supporting statements from the paediatrician and supporting health workers.If it will make any difference.

In our supporting statement,we stated clearly that we were applying on compassionate grounds and that we could not go home due to our daughter's condition and because of the stigma,pity and fear people back home associate with our daughter's condition and the fact that if our families discover they will never let our relationship go on. We stated clearly that we didnt want our daughter to grow up in a broken home as it is through no fault of hers she was born with the genetic condition and we are counting on their support to help us remain as a family.

None of us is british, so it kind of freaks me out when I see people who have lived half their lives here getting rejected and people with british kids and spouses getting rejected as well.

Am just so scared for my daughter, we need all the support we can get for her,hence applying in the first place. As it is, my employer is already beginning to give me the side eye, but I have committed their hearts to God.

Sorry for the long post people, but what do you make of my situation?

I know every case has got its own merits but .......

Lest I forget, I now discovered am pregnant again and I will be going through a challenging phase, as I have to tick a couple of boxes before I get to keep the pregnancy due to my daughter's genetic condition, if it makes any sense. Its all so over whelming for me really , I contacted my MP a couple of times no response. Everything is just so somehow for me now and I just sincerely hope God doesnt give up on me

hatchsead · Post by **hatchsead** » Tue Aug 20, 2013 10:26 am

yummymummy3j wrote:@hatchseed thx soo much for d info...havin been in d situatn myslf , i am seriously considerin a career in immigratn law

I am into IT but considering studying for the OISC as a backup and to help people who are in my own situation right now. Unfortunately, i can not sit for the exam and get registered with the HO until i have been granted my FLR.

There are so many people out there who are ignorant of these laws and thats what the government and HO are counting on to continue to mete out the maltreatment to us.

Its always a good idea to arm yourself with the law. Like they say, knowledge is power.

verbina · Post by **verbina** » Tue Aug 20, 2013 10:33 am

Believe2013 wrote:@Verbina - Hence the eagerness of Chris Grayling to ban Judicial reviews in the First Tier Tribunals. The Law Society would have his head on platter if that transpires -probability is zilch! Anyways how are you getting on?

Yeah, I remember that, but then there were all sorts of protests against Chris Grayling reforms I think a lot of lawyers protested especially.

I doubt it will go ahead, bad enough one now has to get a permission for JR to see if there s a merit to it (which actually makes sense I suppose).

Anyway, Im alright babe, things are dead slow again after the MP scare lol.

And you?

Immigrationboards.com: Immigration, work visa and work permit discussion board

FLR(O) Discretionary Leave waiting times ..??

Re: BAD NEWS

Good morning people