Challenging Decisions

Administrative Review 

Administrative review is a process whereby a Home Office reviewer will review an immigration decision in order to decide whether it is wrong due to a case working error.

Only certain decisions are eligible for Administrative Review. If the immigration decision is not an eligible decision then the appropriate remedy will be an Immigration Appeal of Judicial Review rather than an application for Administrative Review.

What is an eligible decision?

A full list of eligible decisions is set out in Appendix AR to the Immigration Rules.  However, eligible decisions include:

  • A decision to refuse entry clearance where the entry clearance application was made on or after 6 April 2015 and did not involve an application for a visit visa, short-term student visa or application as a family member under Appendix FM or partner or child of HM Forces;
  • A decision to cancel leave to enter or remain on grounds of a change of circumstances, false information or failure to disclose material facts made on or after 6 April 2015 if the result is that the applicant has no leave to enter or remain;
  • A decision to refuse leave to remain as a Tier 4 migrant (or partner or child of a Tier 4 migrant) in relation to an application made on or after 20 October 2014;
  • A decision to refuse leave to remain as a Tier 1, 2 or 5 migrant (or partner or child of a Tier 1, 2 or 5 migrant) in relation to an application made on or after 2 March 2015;
  • A decision to refuse leave to remain in relation to any other application made on or after 6 April 2015 unless the application was as a visitor, on the basis of long residence, for leave to remain as a family member under Appendix FM or partner or child of HM Forces or otherwise involved a human rights or asylum claim.

What is a case working error?

A case working error includes, but is not limited to:

  • Where the original decision maker applied the Immigration Rules incorrectly; and
  • Where the original decision maker failed to apply the Secretary of State's relevant published policy and guidance in relation to the application.
  • For expert advice and assistance with an application for administrative review, contact our immigration solicitors in London.

Challenging Decisions

Whether you wish to apply to the Home Office for Administrative Review, appeal against an immigration decision in the Immigration Tribunal, or challenge a decision of the Home Office by way of Judicial Review proceedings, our immigration solicitors can assist with all aspects of preparing and presenting a successful immigration appeal.

Appeal against a Home Office decision: UK Immigration Appeals Service

Our team of UK immigration solicitors provide professional legal advice and representation in relation to every aspect of UK immigration appeals, including:

  • Advice as to the merits of applying for Administrative Review;
  • Advice as to the merits of appealing against a Home Office immigration decision;
  • Advice as to the merits of appealing against a decision of the Immigration Tribunal or Higher Courts dismissing an immigration appeal;
  • Drafting applications for Administrative Review;
  • Drafting grounds of appeal to the First-tier Immigration Tribunal;
  • Drafting applications for permission to appeal to the Upper Tribunal and Higher Courts;
  • Drafting grounds for Judicial Review;
  • Preparation of appeal bundles for Administrative Review, Immigration Appeal and Judicial Review proceedings;
  • Providing representation through the instruction of experienced immigration barristers at immigration bail hearings;
  • Providing representation through the instruction of experienced immigration barristers at immigration appeal hearings before the First-tier Tribunal, Upper Tribunal and Higher Courts.

For expert advice and assistance with a UK immigration appeal, contact our specialist immigration solicitors in London.

 

Judicial Reviews 

If you want to challenge an immigration decision of the Home Office, but have no right of appeal, our immigration barristers can assist you to apply for Immigration Judicial Review.

Judicial Review is a procedure whereby any immigration decision of the Home Office (or failure to make a decision) can be challenged on the ground that it is unlawful, unreasonable, procedurally improper or breaches human rights.

Claims for Judicial Review must be commenced promptly and within 3 months of the date of the Home Office decision. You will need to exhaust any alternative remedies first.

Apply for Immigration Judicial Review: UK Judicial Review Solicitors

Our team of UK immigration solicitors provide professional legal advice and representation in relation to every aspect of pursuing Immigration Judicial Reviews, including:

  • Advice as to the merits of seeking permission to apply for Immigration Judicial Review;
  • Drafting of letters before claim / pre-action protocol letters;
  • Drafting of grounds for Immigration Judicial Review;
  • Preparation of court bundles for Immigration Judicial Review proceedings;
  • Representation at Immigration Judicial Review oral permission hearings;
  • Representation at Immigration Judicial Review final hearings.

For expert advice and assistance with issuing Immigration Judicial Review proceedings, contact our immigration solicitors in London.

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