Appeals and Judicial Review
Immigration Appeals and Judicial Reviews can be extraordinarily complex. Therefore, it is vital to instruct experienced, specialist immigration solicitors to ensure you achieve a successful result.
Garth Coates, our founding partner, spent many years working in the Home Office as an Immigration Caseworker. This experience has given him a unique understanding as to the guidance and regulations caseworkers must follow and what is required to overturn a refusal.
Can I appeal an immigration refusal?
If you are applying for a visa or Indefinite Leave to Remain under the Points-Based-System (PBS) generally, you can only appeal on human rights grounds.
Article 8 of the European Convention on Human Rights (ECHR) states:
Article 8 – Right to respect for private and family life
- Everyone has the right to respect for his private and family life, his home and his correspondence.
- There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Our immigration lawyers can assist you to appeal on human rights grounds if your leave to enter or remain has been refused. We are meticulous in our preparation and in many cases, the Home Office overturns the refusal following notice that an appeal is underway. If your case does reach the First-Tier Tribunal, we will instruct a specialist immigration barrister, and together, work tirelessly to overturn your refusal successfully.
What is Judicial Review?
If you do not have a Right of Appeal, you can seek to challenge the Home Office’s decision by Judicial Review. This is the process whereby the Court examines the lawfulness of public body decisions. It offers a route to justice for people who have been negatively affected by a public body’s decision.
Judicial Review can be brought on the grounds that the Home Office’s decision was:
- illegal
- irrational or unreasonable
- procedurally improper or unfair
- the decision breaches the Human Rights Act 1998
- the decision breaches EU law (this route will only be available until 31 December 2020, the date of the end of the transition period)
The Court must approve a Judicial Review application.
Judicial Review is a complicated process, and before embarking on this route we will ensure all other routes to overturn the immigration refusal have been explored.
Appeals and Judicial Review
Immigration Appeals and Judicial Reviews can be extraordinarily complex. Therefore, it is vital to instruct experienced, specialist immigration solicitors to ensure you achieve a successful result.
Garth Coates, our founding partner, spent many years working in the Home Office as an Immigration Caseworker. This experience has given him a unique understanding as to the guidance and regulations caseworkers must follow and what is required to overturn a refusal.
Can I appeal an immigration refusal?
If you are applying for a visa or Indefinite Leave to Remain under the Points-Based-System (PBS) generally, you can only appeal on human rights grounds.
Article 8 of the European Convention on Human Rights (ECHR) states:
Article 8 – Right to respect for private and family life
- Everyone has the right to respect for his private and family life, his home and his correspondence.
- There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Our immigration lawyers can assist you to appeal on human rights grounds if your leave to enter or remain has been refused. We are meticulous in our preparation and in many cases, the Home Office overturns the refusal following notice that an appeal is underway. If your case does reach the First-Tier Tribunal, we will instruct a specialist immigration barrister, and together, work tirelessly to overturn your refusal successfully.
What is Judicial Review?
If you do not have a Right of Appeal, you can seek to challenge the Home Office’s decision by Judicial Review. This is the process whereby the Court examines the lawfulness of public body decisions. It offers a route to justice for people who have been negatively affected by a public body’s decision.
Judicial Review can be brought on the grounds that the Home Office’s decision was:
- illegal
- irrational or unreasonable
- procedurally improper or unfair
- the decision breaches the Human Rights Act 1998
- the decision breaches EU law (this route will only be available until 31 December 2020, the date of the end of the transition period)
The Court must approve a Judicial Review application.
Judicial Review is a complicated process, and before embarking on this route we will ensure all other routes to overturn the immigration refusal have been explored.
Established in 2008, Garth Coates Solicitors is a leading Immigration Law Firm that can provide professional legal advice to ensure that your Application satisfies the strict requirements of the Immigration Rules.
Our team of legal professionals offers comprehensive and considered advice to enable our clients to make informed choices. We strongly believe that our clients deserve the best; we take our responsibilities very seriously to ensure that client satisfaction is achieved by providing a professional yet friendly legal service. We aim to resolve all immigration matters brought to us by working diligently and together with our clients, keeping them informed of the progress of their case at all stages. Our outstanding success rate is maintained thanks to the high standard of our work.
If you would like us to assist you with your Immigration Matter, kindly click here to leave us an Enquiry. Alternatively, we can be reached via telephone at (00 44) (0)20 7799 1600 from 9:00 AM – 5:00 PM (UTC+00.00 London) every Monday to Friday.
