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The decisions made by the Home Office can sometimes be wrong or unjust in the complex world of immigration law, putting individuals in a tough spot. However, there are a few legal remedies available to contest such decisions, including Administrative Reviews, Appeals, and Judicial Reviews. Lumine Law specializes in guiding its clients through these complex processes to ensure that their cases are presented effectively and justly.
An Administrative Review is an option for people who believe a mistake was made in the processing of their visa or immigration application. This review allows the original decision to be reassessed by a different caseworker within the Home Office. This process is commonly used for certain visa categories, such as Tier 4 student visas, Tier 2 work visas, and some visitor visas. The Home Office has guidelines as to how one might apply for a review, which one can find online at GOV.UK.
If the case is not resolved by an Administrative Review, or if the decision affects fundamental rights, the case is then appealed. Appeals are usually based on human rights and are heard before the First-tier Tribunal (Immigration and Asylum Chamber). The First-tier Tribunal hears cases including asylum claims, human rights applications, and some family visas. The case may go to the Upper Tribunal if the First-tier Tribunal rejects the appeal. The Immigration Act of 2014 holds rules on appeals, and the ruling can be accessed in detail through the HM Courts & Tribunals Service.
The application of a Judicial Review can be made in instances where an immigration decision might be unlawful. Unlike an appeal, a judicial review does not look at the merits of a case but the legality of how the decision has been reached. High-level scrutiny is carried out by the High Court and is often a potent tool when it is suspected that there are procedural errors or abuse of power. The process and requirements for Judicial Reviews can be found in the Civil Procedure Rules. There are extended resources on this matter on the Judiciary UK website.
At Lumine Law, we appreciate that each case is different and deserves a customized solution to effectively litigate against an immigration decision. Our experienced team of lawyers is well-equipped with expert advice and representation to assist clients in their journey through the legal landscape toward the best outcome. We always keep ourselves abreast of new legal developments and apply well-established principles of law in order to help our clients find justice in every aspect of immigration law.
For personalized assistance with your legal needs, contact us or visit Lumine for expert guidance tailored to your specific situation. Our experienced team is here to help you navigate the complexities with confidence and ease.
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.
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:
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.
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 touch020 3950 2246 or Contact Us HERE
Lumine Solicitors specialised immigration team, based in London, offers a wide range of services to cover all immigration.
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When it comes to legal matters concerning property we provide expertise that you can rely on and trust. Whether it’s for residential .
Dispute resolution solicitors in London offer a range of services to settle disputes between individuals and also for businesses.
Lumine Solicitors specialised immigration team, based in London, offers a wide range of services to cover all immigration.
When it comes to legal matters concerning property we provide expertise that you can rely on and trust. Whether it’s for residential .
Dispute resolution solicitors in London offer a range of services to settle disputes between individuals and also for businesses.
Lumine Solicitors and Lumine Law are the trading names of Lumine Law Limited, a company registered in England & Wales (company registration no: 10996865). This firm is authorised and regulated by the Solicitors Regulation Authority (SRA No.645265).
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