What to do when it all goes wrong in your immigration application.
Immigration law firms tend to enjoy telling people how straightforward their application is going to be….. in the majority of cases that would be the true. However, sometimes, it just doesn’t work out that way. There are two main reasons for this:
Firstly, some applications do not meet the Immigration Rules and you are therefore asking for discretion to be exercised by the Home Office. This means that the decision making rests with the individual considering the case at the Home Office.
Secondly, the application can be a weak application, with poor merits. I always consider immigration lawyers in Nottingham or in London, that are able to tell their clients when their application is weak, are the best immigration lawyers. Immigration lawyers who can say to clients: ‘This is what we can do with the facts of your case, this is how we can present it, but, be aware, this is what this route of challenge will cost and think about whether you want to spend that money? What happens if you lose and have to leave the UK without that money?’. Your are instructing an immigration lawyer to get advice on your position as well as to assist with making an application. Get that advice.
I tend to deal with a lot of clients who have been given false promises with other immigration lawyers and need to rectify problems. Alternatively, a case has been perfectly well prepared by another immigration lawyer, but actually has been refused, without the client being given the full information on their chances of success in their case at the outset.
So what next?
Administrative Review?
Most applications, that aren’t based on relationships with British nationals/ refugees or permanent residents, have a right of Administrative Review. The Administrative Review is a chance to highlight to the Home Office what mistake they have made in considering your application. Administrative Review is not available for visit visas.
Appeal?
Rights of appeal are available for people who have made a Human Rights or Protection claim and this has been refused by the Home Office. In some circumstances, for example where the Home Office have certified the application as ‘clearly unfounded’ a right of appeal won’t be available, but in many instances it is.
It is also worth noting that your right of appeal is not ‘awarded’ or ‘given’ by the Home Office as I have seen advised by immigration lawyers. Your right of appeal is a statutory right which you have when you have made a Human Rights or protection claim and that claim has been refused. Therefore, if there is dispute over whether or not there is a right of appeal, this is for the Tribunal to clear-up, not the Home Office. I may advise that we lodge an appeal with a request for the Tribunal to decide on the right of appeal point first.
Judicial Review
Judicial Review is an application to Tribunal when you have no other ‘remedies’. This means that you are apply to the Tribunal because the government has made a decision on your case that is unlawful or unreasonable, for example. There is a process to follow prior to lodging a judicial review application and this is to lodge a ‘pre-action letter’ or a ‘letter before claim’. It is often the case that we can overturn decisions just by putting forward our case for judicial review to the Home Office. It is important that these processes are followed, as the Home Office will often have to pay your costs if you win. As such, if you don’t follow these processes, then it may well affect your ability to obtain these costs.
Finally..
If you need a Nottingham immigration lawyer, London immigration lawyer, or a Cornwall immigration lawyer to deal with your refusal, or your initial application, I can give you the advice you need to make an informed decision on your next steps.