APPEALS AND REVIEWS
Providing honest and affordable advice, representation, and legal services to clients nationwide.
Applying for an Administrative or Judicial Review or launching an immigration appeal can be complicated and confusing. By choosing to rely on the Immigration Solicitors at Hadi Law you can be confident of receiving friendly, fast, trustworthy legal advice and representation. We have over 30 years’ experience in supporting and guiding clients on immigration reviews and appeals, and our team thrive on achieving results.
“Everyone was really helpful. It was such a smooth and professional service. I highly recommend this process to anyone thinking of using this team.”
Our Immigration Law Solicitors can be trusted to listen to your problem and if applying for an immigration review or appeal is not the right remedy for your situation, we will advise you on the alternatives. You can rely on us to deal with your case quickly, and work tirelessly to achieve the result you want.
Please call us for an initial consultation on 01772 447000 or request a callback.
Administrative review
Administrative Review provides a way for the UK Visa and Immigration (UKVI) department to review an immigration refusal in situations where you, as the applicant, believe there has been a case working error. This can include instances where you believe that:
- The decision maker failed to consider part of the application.
- A decision that the application was made out of time was incorrectly applied.
- The supporting documents sent were not considered or considered incorrectly.
- The rules or guidance were incorrectly applied to your case.
- Correct time periods or conditions of immigration leave were incorrectly calculated.
A different case worker who was not involved in the original decision will normally manage your Administrative Review application. If a case working error is discovered, the goal will be to correct the errors or oversights that may have happened during the initial review process and grant your application
Judicial Review
A Judicial Review is where the Court reviews the lawfulness of a decision, action, or failure to act by a public body exercising a public law function, for example, UKVI.
It is important to note that a Judicial Review is not an appeal, but rather a way to challenge the decision-making process itself. In other words, it examines whether the correct procedures have been followed and the right factors have been considered by UKVI. If the Court decides the decision was unlawful, it may quash the decision and send it back to UKVI for reconsideration.
The grounds for Judicial Review are:
- Illegality: UKVI must correctly understand the law that regulates its decision-making power and must give effect to it.
- Irrationality: Also known as "Wednesbury unreasonableness," it applies if the decision is so unreasonable that no reasonable decision-maker could have come to it.
- Procedural impropriety: This means failure to observe basic rules of natural justice or failure to act with procedural fairness
- Proportionality: The action taken was disproportionate to the need for that action
Judicial Review is the remedy of last resort when all other avenues of appeal or Administrative Review have been exhausted. It can be a complex and expensive process and generally needs to be initiated quickly, usually within three months of the decision being made
Immigration appeals
Launching an appeal is a way of challenging a decision made by the Home Office if you believe it to be incorrect. Common examples of decisions that are appealed include the refusal of a visa or leave to remain, the revocation of leave, or a deportation order.
Not all UKVI decisions can be appealed. The decision letter you receive from the Home Office will state whether you can appeal a decision. If the right of appeal is unavailable then other remedies, such as Administrative or Judicial Review, may be appropriate.
An appeal typically involves a hearing before the First-tier Tribunal (Immigration and Asylum Chamber). The judge will listen to both sides before deciding. If either side is dissatisfied with the decision, they may be able to appeal to the Upper Tribunal (Immigration and Asylum Chamber) or, in certain cases, to higher courts.
How Hadi Law Solicitors can help
Hadi Law Solicitors provide specialist, compassionate immigration law advice and representation. You can be confident that by choosing us, you will receive honest and affordable legal services. We care about achieving the results you want and can provide the expert immigration law advice you need to achieve a successful Administrative Review, Judicial Review, or Immigration Appeal.
Hadi Law Solicitors are great professionals, they are really experienced and informative. Especially Katie and Sana who have been showing support since the start. Really impressed with the customer service. Will be using them for the future.”
For further information speak to us on 01772 447000 or reach out to us on our 7 day a week WhatsApp helpline 07869760533.