Appeals
If you have been refused a visa, we can assist you in appealing against that decision to the First Tier Tribunal against the Home Office decision.
Removal/Deportation and refusal of immigration applications
If you are an illegal immigrant in the UK, a failed asylum seeker, a non-British citizen and have committed a crime you may be removed or deported from the UK. A person who is not a British citizen or who is not otherwise exempt from deportation may be liable to deportation under the immigration rules but you may be entitled to appeal against the removal or deportation order made against you.
If you make an immigration application, whether for a visa, a family reunion, a settlement, a European application or under any other category and this has been refused, you may also be entitled to appeal against that decision.
Appeal proceedings can have more than one stage and be very complex. Therefore, you are well advised to seek legal advice and assistance from an expert as soon as it becomes apparent that your immigrations status may be compromised. We offer services designed to advise and assist you with your appeal. We can advise you as to the merits of your case before lodging your appeal and also representing you at all hearings from the First Tier to the Upper Tribunal of the Immigration and Asylum Chamber.
Judicial review
If a decision made by the Home Office or any other public body was unlawful, unfair irrational or unreasonable you may be able seek permission to make an application for judicial review. Judicial review is a proceeding whereby the High Court or the Upper tribunal challenges decisions from the public bodies such as the Home Office. In order to succeed in a judicial review application you need to demonstrate that the decision you are challenging was unlawful, irrational or unfair or the right procedures have not been followed. If successful, the Court may send the case back to the body that made an error of law so that they can revisit the case and follow the proper procedure. Having reviewed the case, the public body may make the same decision, but this time with the proper procedures being followed.
If you are being removed or deported from the UK having been issued with removal directions or a deportation Order from the Home Office, submitting an application for judicial review is not enough to prevent your removal or deportation. You will need to seek an emergency injunction from the Upper Tribunal to stop your removal. You have however to show that the decision to remove you is not in accordance with the law. There is a 3 month deadline for making an application for judicial review, from the date of the act or omission that is being challenged, although there is an obligation on the person wishing to make an application to act promptly and without unnecessary delay.
As an injunction is an emergency application, you can seek an injunction outside the Court’s working hours whether by attending the Court or by telephone. If you succeed, the court will issue an injunction to prevent removal from taking place for a period of time until the judicial review process has completed.
Asylum seekers
The UK has long been a safe haven for refugees seeking asylum. However, you will be refused protection if the Home Secretary is of the view that your claim is not genuine or that you don’t really need protection. In cases like this steps will be taken to remove those who are perceived to have no valid grounds to claim asylum or stay in the UK.
Claiming Asylum
To be recognized as a refugee and be granted asylum, you must show that you have left your country of origin/residence and are unable to return due to a well-founded fear of persecution because of your race, religion, nationality, political opinion or membership of a particular social group.
Family Reunion Program
People who flee to the UK can include any dependents in their asylum application when they have travelled with them. If, however, your family has been left behind and you have been recognised as a refugee or given humanitarian protection in the UK, pre-existing family (husband, wife, civil partner or unmarried/same-sex partner, plus any children under 18) can apply to enter the UK under the Family Reunion Program. Other family members may be considered on compassionate grounds.
Human Rights Applications
If you do not qualify for refugee status you may still be allowed to stay temporarily in the UK on compassionate or human rights grounds. Under the European Convention on Human Rights a person should not be returned to a country where there is a real risk that they will be exposed to torture, or inhuman or degrading treatment or punishment. You can also make an application based on your rights to a private and family live, the right not to be tortured or subjected to degrading or inhumane act.
Gateway Protection Program
In addition to the normal procedure for claiming asylum, vulnerable refugees can be resettled by the Gateway Protection Program operated by the UK Border Agency in partnership with the United Nations High Commissioner for Refugees (UNHCR).
Domestic violence
If you are in a relationship with a British citizen or a person settled in the UK and your relationship has broken down as a result of domestic violence, you may be eligible to apply for leave to remain in their own right. Victims of domestic violence are not required to satisfy the “no recourse to public funds” rule, which means that you can apply for ILR even if you are in receipt of benefits.