Preliminary Matters
12. Two preliminary matters were raised by the Secretary of State in the detailed grounds of defence and in the skeleton argument of Mrs Gray, who represented the respondent. 13. The first concern, the issue of the timeliness of the applicant’s application for judicial review. That matter arises in this way. The decision to refuse the applicant leave was made on 30 July 2014. However, the claim form sought, on its face, to challenge the respondent’s response on 1 September 2014 to the pre-action Protocol letter refusing to reverse her decision of 30 July 2014. The claim form was sealed by UTIAC on 1 December 2014. It was, therefore, outside the three month limit for challenging the decision of 30 July 2014. 14. This was not a point raised by the respondent in the acknowledgement of service or at the oral renewal hearing on 10 September 2015 when I granted permission to bring these proceedings. The matter was only raised by Mrs Gray in the detailed grounds of defence dated “October 2015” (and therefore subsequent to the oral renewal hearing) and in her skeleton argument for the substantive hearing dated 4 March 2016. 15. Before me, Mrs Gray accepted that she could not take the time point at this stage of the proceedings. She referred me to a decision of the House of Lords in