It is crucial to understand the UK immigration Appeals procedure and the judicial review process in order to successfully challenge the Home Office decision.
Complex rules and very particular administrative requirements mean that refusals may occur for the smallest reasons. A person who has made an application to the Home Office and was refused, there may be a right of appeal before the Immigration Tribunal. The Tribunal is divided into a lower and an upper part; the First-Tier Tribunal and Upper Tribunal. Appeals against refusal decisions are heard in the First-Tier Tribunal before an Immigration Judge. Immigration Judges are independent of the Home Office and they have a duty to make decisions that are impartial and unbiased.
A judicial review is not the same as an appeal; an appeal looks substantively at the issues of your case. A judicial review is a form of court proceedings in which a judge reviews the lawfulness of a decision or action taken by the Home Office. A judicial review can challenge the way a decision had been made, if you believe it was illegal, irrational, or unfair.
In a judicial review, the judge will not substitute what the correct decision is. If your application is successful, your case will be sent to the Home Office for them to make a decision on it. The Home Office may make the same decision, providing that they have followed the proper process, such as considering all the documents provided by you.
Appeals and reviews of decisions made by the Home Office can be complex and seeking the advice and assistance of an immigration specialist and advocate is highly recommended to support you throughout this process. At ULA Solicitors we have a strong track record of successfully representing our client in the immigration Tribunals and the High courts. We can assist you through our extensive experience in this field and by putting you in touch with experts such as barristers that can assist you.
For more information about our immigration services please contact a member of the team on 0208 4510 0236 or alternatively, complete the online enquiry form.