Appeals & Admin Review
Why Judicial Reviews and Appeals Are Challenging And Complex
Judicial Reviews and Appeals call into question decisions, rules, and regulations that may not hold up to law once scrutinised. As such, handling Judicial Reviews and Appeals are a challenging and complex area of immigration law. There are different bodies of law and rules that impact the judicial reviews and appeals process through different stages, whether the right of the appeal itself, admissibility of evidence, appeals to the Upper Tribunal or judicial review at courts.
Qualifying For An Appeal or Judicial Review
If you’ve received a refusal notice to your UK immigration application, you may have full right of appeal of this decision. This exists whether you are within, or outside the UK. Your first step is to check if you have right of appeal. This depends on various factors; whether the application was in-country of out of country, the type of application, if you were in possession of immigration leave at the time you submitted the application, and the status of your leave at the time of the application refusal. However, you can challenge the decision by judicial review in case right of appeal is not available.
Appeals & Judicial Review Procedures
Even with right of appeal, it is important to evaluate the benefits of filing an appeal versus starting anew with a fresh application. Many factors will influence this decision. All appeals are held before the First-Tier Tribunal (Immigration and Asylum Chamber). There are hearing centres within the UK for this purpose.
A further decision is whether to have an oral hearing, or a hearing on the papers. Again, there are important factors to consider. There are cases where an oral hearing is more advantageous, but in other cases an oral hearing will have less influence on the decision. Under certain circumstances, if an appeal is denied you can further challenge the decision with the Upper Tribunal and to the higher courts by judicial review if appeal is denied at upper tribunal.
Visa Administrative Review Help Is Available
A Y & J Solicitors highly qualified lawyers have a strong track record of appeal preparation, and administrative review applications across immigration law in the UK. Our offerings enable clients to enjoy streamlined and personalised service from initial contact to conclusion of the case. Our lawyers are critical to the success of this process, as they are entitled to advocate in all courts & tribunals. We are honoured to serve our clients in these matters every day, and are prepared to assist with your successful appeal or judicial review.