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Judicial Review


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#1 Hoods24

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Posted 14 December 2012 - 03:53 PM

Hello
I had applied for leave to remain out side the rules in October 2011.
They refused my application in october 2012 and they decided it under new rules that came on 9th july.
Little history about me:
Came in oct 2004 as student, extended my visa till march 2010, they refused it on may 2010 due to less funds.
Entered Islamic marriage July 2010, marriage ended in October 2010 due to domestic violence.
During that time my appeal permission was under consideration for upper tribunal.
As I went through domestic violence, had to go to police stations, victim support, counselling, GP.. etc etc
My appeal in upper tribunal was refused in April 2011. Became overstayer in may 2011.
My mum dad and brother sisters are here for almost 10 years now. I live with them.
My family has applied for leave to remain on the basis of my younger sister as they have lived here for more than 7 years, gone to schools etc.

I'm thinking to apply for judicial review as they should have decided my application by the rules that were in force on the date I sent my application on which was october 2011.
Do u think judicial review is right for me?
Please help, would appreciate a lot
Thank you.



#2 Victoria

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Posted 14 December 2012 - 04:53 PM

The judge will have considered your human rights as per the ECHR, which hasn't changed.

#3 Prince74

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Posted 14 December 2012 - 09:43 PM

As Victoria rightly said, human rights consideration would have been taken into account, as I can see, judicial review would really not make any difference and would not change the decision reached.

#4 Hoods24

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Posted 15 December 2012 - 06:50 PM

thank u victoria and prince 74 for advice

please elaborate a little.
are u saying that if i do the judicial review...it wont change the ukba decision?.....or the judge wont take my human rights into account?
as the ukba decided my application under new rules, instead they shouldve decided it under previous rules....
i just want to know if the judicial review is right for me?
would aprreciate ur advice..
thank u in advance.

#5 Victoria

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Posted 16 December 2012 - 11:33 AM

How can we possibly know when we don't know the reasons the judge refused your appeal? But it is unlikely that he would have ignored your human rights!

#6 Hoods24

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Posted 16 December 2012 - 02:47 PM

Thank u Victoria
I think maybe u misunderstood or I didnt make it clear.
I applied for leave to remain on human rights basis in October 2011.
Ukba refused it in October 2012 under new rules that i don't qualify for ltr under new 20 year rule with no right of appeal.
Im thinking for judicial review as I applied in October 2011 so they shouldve considered it under old rules not the ones that came on 9th July.
Do u think it's worth doing the JR so that they consider my application under previous rules?
Sorry for any inconvenience if I'm causing.




#7 Victoria

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Posted 16 December 2012 - 03:07 PM

But you said you went to the Upper Tribunal?

#8 Hoods24

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Posted 16 December 2012 - 05:23 PM

I apologise for the confusion Victoria.
In march 2010, applied for student visa extension, refused in may 2010 because of less maintenance with right of appeal.
Written hearing for first tribunal was in june 2010, was refused in july 2010
Applied for upper tribunal in August 2010, the upper tribunal hearing was in march 2011, they refused it in april 2011 on the basis that I couldn't remember the dates of the documents I submitted for first tribunal. my college was dealing with my application as I was going thru hard time so I couldn't deal with my application, that's why I couldn't remember it.
Anyways, I became overstayer in may 2011,
New application for human rights article 8 applied in October 2011,
Ukba refused it in October 2012 under 9th July rules.
So just wanted to know if it's worth doing JR, as I applied in October 2011 under old rules.
Sorry again for the confusion
Thanks in advance.

#9 Victoria

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Posted 16 December 2012 - 06:05 PM

I'm not going to give an opinion on this as I don't know your case.

#10 Hoods24

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Posted 16 December 2012 - 07:17 PM

ok
thanks anyway.




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