Appeals
Immigration Appeals
Statistics reveal that the proportion of immigration decisions overturned by judges has reached its highest recorded level. A notable 50% of appeals to the Immigration Tribunal, challenging the Home Office’s denials of UK visa issuance, now result in success.The existence of an appeals process itself implies an acknowledgment by the Home Office that errors can occur.
Need expert legal advice from one of our lawyers?
Call email or provide us with a few details of your matter by completing the enquiry box and we will endeavour to reply to you within 48 hours.
However, the fact that exactly half of the challenges against refusals to issue visas were triumphant indicates that one in every two initial refusals was deemed unjust, unfair, and subsequently overturned on appeal.
What raises concern is that numerous applicants often accept a refusal without further scrutiny, presuming that UKVI staff are knowledgeable, well-trained, and have acted lawfully.
While current statistics indicate that the Home Office faces approximately 5,000 challenges against refusals monthly, for every appellant daring to challenge, there are likely many others who resign themselves to their fate, foregoing their appeal rights.
Arlingsworth’s lawyers appreciate that immigration transcends mere forms and reference numbers; behind these procedural elements are real people whose lives have been turned upside down by a refusal. Parents are separated from children, partners from each other, and countless lives are fractured by Home Office decisions.
As a firm, we confront numerous refusals affecting individuals from diverse backgrounds. We staunchly believe in tirelessly and robustly advocating for the rights of our clients. Our deep understanding of the nuances of UK immigration law equips us with the ability to help overturn refusal decisions and prevent unlawful deportations from the UK via the appeals process.
Administrative Review
Following on from a visa refusal, you may be able to apply for an administrative review. This is a review of your visa application, which is undertaken by a different Home Office official than your original application. No fresh evidence can be submitted prior to an administrative review to support your case so this option is suitable only if you believe that you submitted the correct information originally and that the Home Office made an error in refusing your visa application.
Judicial Review
A judicial review is a form of legal challenge in which an individual petitions the High Court or Upper Tribunal to scrutinise the lawfulness of a decision, action, or failure to act by a public body or government department. It can also be utilised to contest secondary legislation, immigration rules or policy, or the conformity of an act of Parliament with the Convention rights under the European Convention on Human Rights.
This recourse is only available when there is no avenue for appeal or when all avenues of appeal have been exhausted. It differs from a statutory appeal in that the court typically refrains from substituting what it deems the ‘correct’ decision; instead, it assesses the lawfulness of the decision made.
The judicial review process questions how a decision was reached and whether the appropriate laws and procedures were utilised in reaching that decision. The role of a Judicial Review is not to determine the correctness of the outcome.
Instances where a judicial review may be applicable include:
- When informed that your asylum claim will be transferred to another European country under the Dublin regulations, and you contend that your human rights will be violated in that country.
- If your asylum claim has been certified (no right of appeal within the UK).
- Rejection of further submissions as not constituting a fresh claim, with no right of appeal.
- Unlawful detention.
- Refusal of permission to appeal at the Upper Tribunal.
- Seeking to challenge an impending removal (application for interim relief – an injunction).
- Your immigration application has been rejected, and you have no right of appeal on human rights grounds.
The Judicial Review process is intricate and highly specialised. Early preparation is crucial. Having the guidance of an experienced immigration solicitor can significantly impact the outcome, potentially preventing deportation. Challenging the Home Office is a formidable task, and judges increasingly dismiss claims as lacking merit. Our team of highly skilled lawyers possess extensive experience in formulating compelling legal arguments to overturn Home Office decisions on behalf of our clients.
Call Arlingsworth for help with Immigration Appeals
We are able to prove the expert advice you need to make your immigration appeal. Contact Arlingsworth’s Immigration Law solicitors today to get the legal aid that you need. We handle all our cases with care, passion and absolute service. Call us on 01273 696962, or contact us using the button below.