Our approach

Most applications under the UK immigration scheme have a right of appeal.  This is either through a process called Administrative Review, or alternatively through the appeals.

Refusals, especially where there has been the suggestion that there was deception on the part of the applicant need challenging, effectively, in a timely fashion.

Administrative Review

This is a procedure where the decision is reconsidered, by a more senior decision maker.  Although new evidence cannot be provided, it is possible to draw the attention of the decision maker to facts which are present and which were overlooked through a carefully drafted submission.

Typically this is the route for dealing with decisions where the seriousness of making an erroneous decision are less major.

Appeal

Applications where the consequences of an incorrect decision are greater have a right of appeal to the Immigration Tribunal which operates independently from the UKBA. 

The key points to drafting a successful appeal submission are to consider the following:

• The entire circumstances of the case
• whether the decision was made rationally and took into account all the evidence
• the relevant EU and UK caselaw
• compliance with policy, procedure and guidelines
• proportionality

Appeals require an individual approach to be taken to them.  Where a legitimate claim of discrimination can be found it should be actioned.


Our limits.

Being accredited at with the Office of the Immigration Services Commissioner allows us to represent at the Immigration Tribunal, and conduct a wide range of applications, however at present we do not have permission to make applications at the High Court for Judicial Review, which is a restricted activity.

During 2010 there is going to be a change to the Tribunal scheme, and as part of this, we will be given the right to challenge matters using the Judicial Review procedure.

Until the phasing in of the new rules, should we consider Judicial Review to be the correct course of action, our practice is to advise you of such, and refer the matter to a solicitors firm who would be able to instruct barristers.