Challenging An Immigration Decision

AK Solicitors offers service and support for challenging an immigration decision.

Services

Appeals To The First Tier & Upper Tribunal

In country and out of country.

If your application or asylum claim has been refused, you would, in most cases be given a right of appeal and this would be set out in the notice of decision issued by the Home Office. An appeal will allow you to challenge the decision before the First Tier Tribunal where a Judge will decide if the refusal was correct in law or should be overturned.

There is a strict timetable that has to be followed in respect of an appeal starting with lodging an appeal, which must be done within 14 days for in country applications or 28 days if the decision relates to an application made outside the UK. Once an appeal is lodged an appeal bundle has to be prepared and filed after the Home Office have filed their bundle.

The Home Office would then review their decision based on all the evidence submitted in the appeal bundle. If the decision is maintained then the appeal would proceed to the hearing stage. We assist clients throughout the full process of lodging an appeal, preparing strong legal arguments accompanied with the appeal bundle and representing them at the hearing itself. Should the appeal fail at the first stage, we represent clients before the Upper Tribunal.

Judicial Review

Judicial Review is a procedure in English administrative law which allows a person with sufficient interest in a decision or action by a public body to ask a judge to review the lawfulness of:

An enactment; or
A decision, action or failure to act in relation to the exercise of a public function.

The type of bodies amenable to judicial review generally fall into three categories:

Inferior Courts
Tribunals e.g. Upper Tribunal
Other bodies performing public law functions e.g. SSHD, Entry Clearance Officer, LAA, A local authority

Judicial Review may only be used where there is no other right of appeal or remedy. It must be brought promptly and in any event within 3 months form the date of the decision.

The first step in seeking Judicial Review usually involves sending a pre-action protocol letter (otherwise known as a PAP letter) to the body or party who made the unlawful decision.

If you require assistance with this type of matter then please contact us to arrange a free, initial consultation to discuss the matter in further detail.

Deprivation & Nullification Of British Citizenship

In some circumstances, the Home Secretary (SSHD)has powers to strip a person of their British nationality if there are good reasons to do so e.g. the use of fraud to obtain citizenship or if the SSHD considers it conducive to the public good.

In the event that you are deprived of your British nationality then you have the right to appeal to the First Tier Tribunal (see section 40 of the British Nationality Act 1981).

In less severe cases, the SSHD may decide to nullify a person’s British Citizenship. This is different to deprivation. Please contact our expert team for further advice on the difference between the two.

If you are deprived if our British nationality or if the Home Office is seeking to deprive you of your British Citizenship then get in touch with our expert team.

How can AK Solicitors help?

Review your and your family’s circumstances in the UK
Explain your available options and recommend the best solutions to try and overcome the deprivation of British Citizenship
Liaise with the Home Office, Tribunal and other relevant bodies on your behalf; and
Assist you at the appeal stage or handle administrative or judicial reviews where a right of appeal is not awarded