For all immigration matters, Please do not hesitate to get in touch on 020 3950 2246 or Contact Us HERE
There is a possibility that your visa application may be rejected by the Home Office. In such cases, depending on the circumstances, you may have a right of administrative review or right of appeal.
Through administrative review, Lumine Solicitors can request that the Home Office reconsider a decision if you believe they have made a mistake. The only ground for administrative review is that the Home Office has made a casework error. E.g., if the home Office decision maker applied the wrong Immigration Rules.
A few circumstances in which administrative review can occur include:
If the Home Office finds that the original decision contained a casework error, then they will consider whether correcting the error will change the outcome of the case.
If the error in the original decision changes the decision, creating a new one, the home office will refund your administrative review fee. The original application will be followed if the new judgment determines that the leave should have been granted.
An administrative review decision can take up to 6 months of even longer depending on the case. The Home Office will get in touch with you with an update if you haven’t heard anything about your application after six months.
Appeals tend to be more complicated than administrative reviews. If you want to challenge a decision made by the Home Office because you think that decision was wrong you may be able to appeal that decision. If you are in the UK and want to appeal, it will be held before a Judge at the First-Tier Immigration Tribunal and must be within 14 days of receiving a decision; if you were denied entry clearance, you must do so within 28 days. There is a hierarchy of tribunals and courts in the appeals system; thus if an appeal is rejected by the First-Tier Tribunal, there may be an additional right of appeal to the Upper Tribunal, followed by higher courts.
The following are a few examples of decisions that Lumine Solicitors can appeal:
A judicial review can challenge the lawfulness of a decision by the Home Office if you believe it was illegal or unreasonable. It is usually a remedy of last resort and is more concerned with whether the law has been applied correctly rather than if the correct decision was made.
Grounds For Immigration Judicial Review
There Are Specific Grounds Required For Immigration Judicial Review. Some Are As Follows:
Most judicial review applications take several months to complete and can take longer; however, this depends on how urgent the case is.
We at Lumine Solicitors will provide professional advice to you on whether it is worth applying for an admirative review/appeal/ judicial review based on your unique circumstances and will support you in making such an application. Additionally, we can help with drafting grounds for your application that are in line with the requirements for a successful claim and represent you in any court proceedings.
For all immigration matters, Please do not hesitate to get in touch on 020 3950 2246 or Contact Us HERE
We offer the dedicated support and advice you require from the very outset of your matter.