Judicial Review Timeline

[Tkmaxx]

I came to the UK as a student then moved in with my EEA family. I was granted leave for 5 years. I applied for ILR and was refused with no right of appeal. UKBA said I was employed and no longer a dependent (not true). However, I was not required to leave the country according to the letter.

Solicitor sent PAP letter to UKBA, no response. Then applied for JR, Tsol acknowledged receipt of bundle and took two 21day extensions to file AOS. None has been filed. They wrote shortly after missing the last deadline to say they would not ask for another extension with no specific reason as to why AOS has not been filed. They stated that UKBA (lack of personnel) was yet to instruct them on the case. I believe they have now left judges to decide the application. 3 months have now lapsed, my question is; roughly how much longer will the Upper Tribunal judges take to give direction in this situation please?

[Obie]

You solicitor should have lodgedca notice of appeal, saying you have an in country right of appeal. A refusal of PR is an appeallable decision.

Where you living in this uncle's home, even if you were working?

[Tkmaxx]

Yes I was, I had my EEA 5 year residence card courtesy of him. UKBA did not even bother to request further documentation when I applied. They said rather confusingly in the decision letter that (1) I had no right of appeal (2) That though my residence card had expired, right to reside in the UK had not and was not dependent on my uncle (3) that I was not required to leave the UK.

[Obie]

He should have applied to the Tribunal directly with the decision. Live it with the tribunal to decide the issue of whether there is an appeal or not. JR can take time and could be costly.

[Tkmaxx]

He tried but was told at the courts there is no other legal route beside a JR since there was no right of appeal, this is part of the litigation. So in effect, there is no time frame the Upper Tribunal is bound by within which to determine whether to refuse or grant a JR?

[Tkmaxx]

I have my hearing at the first tier tribunal next month. The the tribunal had earlier directed the Home Office last December to forward their grounds for refusing my ILR to the court with a copy to my solicitors to arrive by a specified date. The date has now passed and nothing came through. Is there anything my solicitor can do to get the Home Office to forward their defence before the hearing?

[dalebutt]

I have my hearing at the first tier tribunal next month. The the tribunal had earlier directed the Home Office last December to forward their grounds for refusing my ILR to the court with a copy to my solicitors to arrive by a specified date. The date has now passed and nothing came through. Is there anything my solicitor can do to get the Home Office to forward their defence before the hearing?

You cant force them to send their bundle, if your case is well planned and your skeleton argument has been well drafted, it is actually to your advantage if they have refused to send bundle, your representation would be smart to bring it on the judge's attention at hearing, and let the judge understand how unfair of them to have chosen to undermine justice.