Immigration Disputes
If you feel that your application decision was unjust or unfair, you can take several possible actions against the decision, including Administrative Review, Appeal and Judicial Review.
ADMINISTRATIVE REVIEW
The Administrative Review is where you essentially ask the Home Office to reconsider the application due to a mistake made in the decision-making process. Examples include an incorrect calculation of your finances, mistakes in dates, as well as incorrect interpretation or application of the rules. It may also be applicable if you feel the Home Office has not considered a specific piece of supporting documentation or evidence.
If you can proceed with an Administrative Review, Home Office officials will inform you in your decision letter.
You must normally submit your Administrative Review request within 28 days of receiving the refusal letter if you applied from outside the UK or 14 days from within the UK.
APPEAL
There are limited circumstances where you may appeal the Home Office decision. You can only appeal to the tribunal if you have the legal right to appeal, and you will usually be informed of this right in your decision letter.
You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:
• refuse your protection claim (also known as 'asylum claim' or 'humanitarian protection')
• revoke your protection status
• deny your human rights claim
• refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016
• revoke your British citizenship
• refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme
• refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits
• refuse or revoke your permit, or deport you if you are a frontier worker
• refuse or revoke your leave, or deport you if you are an S2 healthcare visitor
You must normally appeal within 28 days of the refusal letter date if you applied from outside the UK or 14 days from within the UK.
JUDICIAL REVIEW
You can apply to the Upper Tribunal Immigration and Asylum Chamber (UTIAC) for a judicial review to challenge the lawfulness of a decision or other conduct by a public body in your asylum or immigration claim. A public body can include the Home Office or the First Tier Tribunal.
You may use the judicial review process as a last resort and only if you are challenging something on the grounds that it is unlawful, illegal, irrational or unreasonable (according to the legal criteria).
Depending on the circumstances, instead of making a judicial review application, you may be able to:
• request administrative review of the decision;
• appeal against the decision;
• apply to the Administrative Court.
You cannot apply for a judicial review if you believe that the decision was wrong - only if it was unlawful. If you believe the public body's decision was incorrect rather than illegal, you should appeal against a visa or immigration decision instead of applying for a judicial review.
Most immigration applications have strict factual and evidential requirements that are not necessarily straightforward to comprehend or satisfy. LS Legal Solicitors are well versed and highly experienced in providing advice and assistance on immigration applications. We appreciate that many of the requirements may seem overly complex and onerous. However, we guarantee to make your experience as smooth and stress-free as possible.
For the quickest response, please WhatsApp or call us on +44 (0) 75 3595 9450. You can also contact us via email at info@LSLegaLUK.com or use the contact form to discuss your requirements further or arrange an appointment with one of our experts.
