Appeals are made to courts known as First Tier and Upper Tier Tribunals, and our experienced lawyers are usually able to present your case personally in these tribunal appeals. This ensures you are represented by someone who is familiar with your case and avoids the duplication of work that sometimes occurs when barristers are employed as advocates. It can also reduce some of the costs of your appeal. Where we do use barristers, we have built up an extensive list of expert advocates throughout the country and are able to instruct highly skilled and experienced Counsel.
The work involved in an appeal against a Home Office refusal of an immigration application can vary enormously. However, it will normally include the following:
- Taking a detailed statement from you and any other family members or friends relevant to your appeal.
- Assembling the relevant documentary evidence in support of your appeal.
- Liaising with the court and ensuring compliance with any directions made by the court.
- Arranging representation at the hearing. (We can often reduce the cost by undertaking the advocacy ourselves.)
Do I have A Right Of Appeal? What Are My Chances?
If you are not sure whether you have a right of appeal against a Home Office decision or First Tier or Upper Tribunal decision, or what your prospects of success would be if you did appeal, we offer a one-off consultation where an experienced lawyers will consider the decision that has been made in your case. The advisers will be able to tell you whether there is a right of appeal and what your chances of success would be.
HUMAN RIGHTS PROVISIONS
Immigration has been in the news for years now and little of the press attention has been flattering, it has also been the cause of many protests for both sides of the argument; for and against immigrants. In general, the concerns have been related to loss of work for British nationals, loss of housing in an already crammed country and the cost to the government and taxpayer of supporting immigrants, including illegal immigrants.
The European Convention on Human Rights
Judicial review is a legal remedy before either the Upper Immigration Tribunal or the High Court, depending on the circumstances. It is a remedy which may be available where there is no right of appeal/administrative review or no further right of appeal, ie it is a “last resort” procedure.
The judicial procedure consists of the Tribunal or the Court reviewing the decision made by the Home Office or British Embassy and deciding whether it is arguably unlawful or wrong. If the Tribunal/Court decides that there are arguable grounds for the decision being flawed then, most typically, it directs the decision-maker to retake the decision, but this time on the correct basis.
In some cases, there is no right of appeal or administrative review if a visa application is refused. In those circumstances, judicial review may be available. In other cases, the administrative review/appeal process may have been carried out but the applicant has still been unsuccessful. In such cases, judicial review may also be available.
A judicial review case is initiated by a letter being written to the Home Office/British Embassy decision-maker which says that the applicant intends to apply for judicial review. This letter gives the decision-maker an early opportunity to overturn the decision and avoid the judicial review procedure. This letter is called a “judicial review pre-action protocol” and in some cases, it can be successful in getting the decision overturned and the visa granted. We are permitted to draft and submit pre-action correspondence to the Home Office on behalf of our clients.
This letter gives the decision-maker an early opportunity to overturn the decision and avoid the judicial review procedure. This letter is called a “judicial review pre-action protocol” and in some cases, it can be successful in getting the decision overturned and the visa granted.
If the decision is not overturned at this stage then the applicant can continue the judicial review procedure.
Our lawyers have extensive experience dealing with cases of any complexity and drafting pre-action letters to the Home Office for Judicial review proceedings.