Successful Asylum Judicial Review Claim.

[HelpNeededPlease2019]

Hello Everyone,

I hope you will be able to help me. It’s in relation to my brother’s case rather than mine.

Long story short he was refused asylum and exhausted appeal rights.

He submitted further submission and these have been refused with no right to appeal.

We are going to seek legal advice regarding potential judicial review.

However, his decision letter is mind boggling. Sometimes it says there is real risk of persecution and then in other parts it says no.

In some parts in days he qualifies for discretionary leave and in other parts it says not.

In some parts it referres to the wrong country of origin.

It also states that he changed religion on some part when he never claimed so.

My question is there anyway we can ask the home office to give a decision that is actually relevant to his case and that is not confusing and full of contradictions and elements not related to his country or his case? From reading it appears there is no mandatory reconsideration for refused further submissions with no right to appeal.

He is unfortunately too distraught and about this whole thing but we need to act fast if we wish to proceed with judicial review.

Your help will be much appreciated.

[CR001]

If you are going to refer to the refusal letter, it would be useful if you actually posted the wording exactly, taking out names etc. Otherwise we will only be guessing.

Also useful to state his full UK immigration history and what your UK immigration status is?

[Nirvair singh sandhu]

Brother I’m also in the same boat and ho also accepted that I have genuine threat in India but they saying law is powerful there and you could go back and fight your cases in India. they didn’t even gave me right to appeal and then I proceeded to judicial review but the outcome was in favour of home office Now I’m going through further submissions but I don’t think home office will accept it and even give me right of appeal. Very hard now a days

[HelpNeededPlease2019]

I am ecstatic! I managed to take on the home office via judicial review without a solicitor and won my brother asylum after 12 years of refusals!!

I will write a detailed post and link it to this old one to help others soon as I get time and include background history to his case.

This board was very helpful to me (along with hours and hours of reading immigration caselaw) in drafting my application for permission for judicial review.

We never got to full hearing, home office conceded at acknowledgement of service stage, agreed to review the further submissions application and pay all costs (payment yet to be received).

[HelpNeededPlease2019]

Been meaning to post but the site kept saying my IP is blocked from using the site - not sure why.

...continuing story from my original post here:

general-uk-immigration-forum/urgent-hel ... 94041.html


June 2007: My mum, step brother (dad’s side) and I entered the UK after fleeing home country (none of us spoke English). Our dad has been murdered by the regime. My mum and I were granted refugee status and step brother refused.

Claimed step brother not a minor (he was 17), not in danger since he lived with his mum back home and his story not credible he might not be my step brother (he had a translator who ddnt speak our dialect and cudnt understand him)

August 2007: step brother appeal rights exhausted.

June 2009 - 2015 : further submissions submitted by lawyers on behalf of step brother but all refused on asylum basis. Step brother always reporting.

August 2015: granted discretionary leave to remain. But brother soo depressed at this point as me and mum could travel etc and he cudnt. Even with discretionary leave he ddnt have his ID as he left as minor. He needed to go back home to get an ID and then get a passport but at the same time couldn’t go home home to do this as without ID he couldn’t get travel document.

September 2017: since I had managed to go to school here and had started university and perfected my English I decided to personally check his asylum case as it was crazy he was refused and we was granted.

I noticed that his translator did not speak out language, mentioned numerous times that he doesn’t understand him but this was ignored. Brother never mentioned it either, he ddnt know and he was young. So the whole interview was a pile of crap. I read it back to him and he kept saying I never said that etc.

Made a further submission stating this this and country situation information on how they treat family members of those perceived to be against the state etc. Even the evidence home office previously ignored that showed we are related and that he lived with us as well as his mother.


December 2019: HOme Office refused the further submissionS. Doubt they even read what I wrote to be honest. Which takes me to the original post referenced at the top.

[HelpNeededPlease2019]

December 2019: soon after I made the post in here. I spent all night researching judicial reviews, using this site a lot too to get assistance. I sent a pre action protocol letter by the morning! HO responded within 7 days, sticking with their decision.

I spent days researching immigration case law and judicial reviews and managed to get together a statement of facts and grounds so judicial review. Filled in the application form etc and sent off the application in the 2nd of January 2020!

January 2020: Send of Judicial Review Application at the start of January. Home Office Respondent by end of January - they did not contest the case. Offered to reconsider the application in 3 months and pay costs.

I immediately refused the 3 months and suggested 4 weeks which they accepted.

February 2020 - mid Feb earlier than the 4 weeks they granted my brother asylum!

I hope this brings hope to others. After fighting for years my brother finally got justice and can now travel.

I did it all and I am not even a lawyer of any imagination. I am in my last uni year studying architecture. So nothing to do with law. The judicial review cost us £200 top with all the printing and posting and fees. Such a shame his mother and grandparents all died and he never got the chance to say goodbye.