Judicial Review

Facts: SY is a Pakistani national living in the UK. We made indefinite leave to remain application for the client on the basis of completing 5 years on Tier 1 Entrepreneur visa. The client waited for 12 months for the decision but nothing heard from the Home office. His mother got extremely sick in Pakistan and he had to travel back home to see her. Wrote several letters to the home office but no response .

Advice: Advised the client to lodge judicial review against the delay in the consideration of his Indefinite leave to remain application. Sent a pre-action protocol letter to the litigation department of the Home office. Received a generic response. Lodged Judicial review application in the Upper Tribunal on urgent basis. The JR permission application got refused. Lodged Judicial review permission application for oral hearing, engaged one of the best immigration barristers for the hearing, prepared the bundle of documents and advised the client throughout the process.

Outcome: The Upper Tribunal granted permission application and the hearing for substantive hearing got scheduled 6 weeks later. The home office brought in consent order and agreed to make a decision within 30 days. The Upper tribunal granted full costs to the client.