JUDICIAL REVIEW - CONTEMPT OF COURT

[sahoong]

Could someone advice me on what to do please? I made an application for judicial review and the home office offered to settle out of court but their offer is not welcomed to me as they only want to reconsider my application which I am sure, they will refused my application straight away. Their solicitor (treasury solicitors) sent me a consent form along with terms of settlement which i declined. I refused to withdraw my judicial review application but over the weekend, they mailed me a new decision letter (they refused my application just like I anticipated). Is this not a contempt of court? Can I use this against them?

Also, they always write and I quote "the current proceddings is academic..." What is meant by this "academic" of a thing?

Thanks in advance for your help.

Sahoong

[Obie]

What is the current position?

Was permission granted, and the UKBA decided to concede?

A case may be considered academic, if the matter has been resolved, and the continuation of the proceedings has no practical meaning or purpose.

What was the matter about and have you got a barrister dealing with it?

[sahoong]

Tx so MUCH Obie. I am handling it myself. As at yesterday, I was told that the paperwork is being prepared for it to go before a judge for a decision on whether it should go to hearing or not.

They wrongly refused my application and the tribunal invalidated my appeal. Now, both of them now realised that evidence were ignored but they refused to do anything even with my MP involvements. My MP sent them 7 letters about this case but they maintained that they are not going to change their decision. Now, that I applied for judicial review, they offer to settle out of court. They wrote and I quote "on a pramatic basis, the secretary of state has agreed to withdraw her decision of 01 November 2011 and reconsider your application. If the application is refused, we will issue you with appealable decision" I asked them to issue me the visa straight away and they declined.

They have now filed their grounds for defence and over the weekend a new decision came from the Home Office about my application that is under review with the administrative courts. Is this not a contempt of court? I av asked the judge to reverse the refusal decision and mandated them to issue me the visa. I am asking the Courts not to allow them to reconsider my application as they planned but ask them to issue me the visa straight away.

When my application was refused and while it was still under appeal, UKBS ECS told my employer that I had no right to work and my employer sacked me. As at them, the Tribunals Service was yet to invalidate my appeal. This is a clear breach of Section 3c of Immigration Act 1971. Now, they are in violation of contempt of court now. Are these grounds enough?

Thanks.

[Obie]

You may need to seek expert advice on this.

You are unlikely to get the remedy you want from JR. It is only in exceptional circumstance that a Judge can issue a mandatory order. The most you can get is a judge squashing the previous decision, and asking the UKBA to remake it. The HO can proceed with remaking the decision in the same way as long as they do it lawfully.

It is through a civil appeal that the tribunal can substitute their decision on the merit of a case with that of the UKBA.

Provided they have considered the case, and given you a right of appeal, i will suggest you proceed with a tribunal appeal and get them to pay all the cost you incurred in the initiation of the claim.

I wish you all the best.

[sahoong]

Sir/Madam,

I had my judicial review hearing yesterday. Before then, the Secretary of State already sent me a new notice of decision but they again refuse my application but this time with right of appeal. I did not submit the appeal form because the hearing has been fixed already. At the hearing yesterday, the Judge asked me to go and make the appeal and he asked the Secretary of State solicitor if I could apply out of time and the lasy told her that paragraph/section 9 permit out of time appeal. I didn't get what she said very clearly and I couldn't ask her or the Judge. Could anyone tell me the appropriate immigration law or rule that she was referring to her?

Many thanks in advance.

Regards

[Greenie]

They may have been referring to the Tribunal rules - http://www.justice.gov.uk/downloads/gui ... 191211.pdf

para 10.