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Appeals and Judicial Reviews
Dealing with a refusal of your Immigration decision can be extremely worrying and stressful. It is crucial to understand the UK Immigration Appeals procedure and the Judicial Review process in order to successfully challenge the Home Office decision.
Appeals Procedure
You can only appeal to the Tribunal if you have the legal right to appeal. You will be usually notified of your right to appeal in your decision letter. We will be able to review your refusal letter thoroughly, and advise you of your options accordingly.
You will generally have the right to appeal if the Home Office has refused you application based on:
- Asylum or humanitarian protection
- Human Rights claim
- or if your refugee or humanitarian protection status is revoked
First -Tier Tribunal
If you are appealing within the UK to the Immigration and Asylum Chamber, you must give notice of appeal to the Tribunal no later than 14 calendar days after the date the notice of decision has been sent. If you are appealing outside of the UK, you will have 28 days to submit an appeal after you get your decision. If, however, you have to leave the country before you are allowed to appeal, you will have 28 days to appeal once you have left the country.
The Appellant’s appeal will first be heard at the First-tier Tribunal. The judge does not usually give a decision on the day of the hearing. You will usually be informed of the decision in writing after three or four weeks.
If you receive a positive decision from the Tribunal, the Home Office may either reverse their original decision or appeal the decision given by the Judge. If, however, you receive a negative decision, you may be able to appeal to the Upper Tribunal, subject to the merits.
Upper Tribunal
If your appeal is refused at the First-tier Tribunal, you can apply for permission to appeal at the Upper Tribunal if you believe that the First-tier Tribunal judge made an error in their determination.
You are required to submit an application to the First-tier Tribunal to seek permission to appeal to the Upper Tribunal as this is not an automatic right. Your application for permission must be submitted within 14 days of the date of dismissal of your appeal from the First-tier Tribunal, if you are in the UK. If you are outside of the UK, the time limit is 28 days.
In the unfortunate event that the First-tier tribunal refuses your permission to appeal to the Upper Tribunal, you may have the option to apply directly to the Upper Tribunal for permission to appeal.
Once permission to appeal has been granted, the Upper Tribunal will hear the case and assess whether the First-tier Tribunal made an error of law.
The judge will decide whether any findings of fact made by the First-tier Tribunal are to be preserved. At this stage the judge may uphold the First-tier Tribunal decision, or the judge may decide to send the case back to the First-tier Tribunal to re-decide the case. The judge may also give the First-tier Tribunal directions to make sure the error of law is not repeated.
If your case was heard at the Upper Tribunal but the judge decided that the First-tier Tribunal did not make an error of law, you may have the option of appealing to the Court of Appeal. You will need to apply for permission to do this.
If, however, you do not have the right of appeal, you may be able to apply for administrative review or apply for permission for a Judicial Review of the decision.
A Judicial Review is not the same as an appeal; an appeal looks substantively at the issues of your case. A Judicial Review is a form of court proceedings in which a judge reviews the lawfulness of a decision or action taken by the Home Office.
A Judicial Review can challenge the way a decision has been made, if you believe it was illegal, irrational, or unfair.
An application for Judicial Review should be made no later than 3 monthsafter the decision that you are trying to challenge was made.
Examples of when you may consider applying for Judicial Review
- If your Asylum claim has been certified
- If your further submissions have been rejected as not a fresh claim, with no right of appeal
- If you have been detained unlawfully
- If you have been refused permission to appeal at the Upper Tribunal (the time limit for a Judicial Review in this case is 16 days)
In a Judicial Review, the judge will not substitute what the correct decision is. If your application is successful, your case will be sent to the Home Office for them to make a decision on it. The Home Office may make the same decision, providing that they have followed the proper process, such as considering all the documents provided by you.
Challenging a refusal is a complex and time-consuming procedure.
Our Solicitors have a strong track record of successfully representing our client in the Immigration Tribunals and the High courts. Our in-house advocacy team are specialist Immigration Solicitors with a combined experience of over 60 years, and are overseen by our former Immigration judge and senior Immigration consultant Mr Paul Gulbenkian.
OTS Solicitors is regarded as one of the best Immigration, Employment and commercial law firms in the London. If you need legal advice, please contact our offices on 0203 959 9123 to discuss your matter with one of our dedicated Immigration solicitors.
Some notable Cases by our Appeals and Judicial Review team at OTS Solicitors:
Our Solicitors have a strong track record of successfully representing our client in the Immigration Tribunals and the High courts. Our in-house advocacy team specialist Immigration solicitors with a combined experience of over 60 years and overseen by our former Immigration judge and senior Immigration consultant Mr Paul Gulbenkian. The only barristers that we work with are specialists in Immigration law and expert advocates in court who are highly regarded for their litigation and court experience. Some of the high profile work of our solicitors and barristers are listed below:
LC(Kenya) v SSHD [2015] EWCA Civ – In an appeal to the Court of Appeal our client was successfully represented to proceed to a full and finally Appeal as it was found that there were merits in challenging the Home Office and the Upper Tribunals decision to ignore Country Guidance cases and material evidence when deciding on the Appellants Asylum and Human Rights claim. The client's appeal was allowed and the Home Office have agreed to pay his legal costs.
IO (Nigeria) v SSHD [2013] EWHC – In Judicial Review proceedings against the Secretary of State for the Home Department (‘SSHD’) in connection to the correct application of the new Immigration Rule, and unlawful interference with client’s Article 3 [inhumane and degrading treatment] and 8 [respect for private and family life] rights under the European Convention on Human Rights (‘ECHR’). The Secretary of State conceded and awarded the Applicant an in-country right of appeal and agreed to pay the client’s reasonable costs. The client has succeeded in having his Asylum claim heard in the UK and we successfully stopped any enforcement for his removal and ensured his release from detention.
DV (South Africa) V SSHD [2013] EWHC – In a Judicial Review challenging the Secretary of States’ refusal decision in respect of the unlawful interference with the Applicant’s Article 8 ECHR rights and no right of appeal. The Secretary of State conceded and went on to reconsider Applicant’s FLR (O) and to award an in-country right of appeal. The Client and her family were awarded Leave to Remain in the UK. They have continued to enjoy their family life and following an application for naturalisation their children are British Citizens.
At OTS Solicitors we are ready to discuss your Appeal or Judicial Review case, and a member of our UK Immigration and advocacy team will be please to take your call or email enquiries. Please therefore contact OTS Solicitors on 0203 959 9123 or contact us online.
For a more detailed discussion regarding your case, or to book an appointment with a member of our Individual Immigration team, please call us now on 0203 959 9123
Appeals and Judicial Reviews Success Stories
The client, a Chinese national entered the UK on a student visa. Prior to instructing OTS Solicitors, and following her graduation, she attempted to establish a business in the UK and remain in the country as a Tier 1 (entrepreneur) migrant. However, this application failed due to insufficient evidence of being a genuine entrepreneur.
Refusal on the Basis of TOEIC Centre
After the failure of Tier 1 entrepreneur application, she secured a job offer and was offered a sponsorship for that position. As at that time she was still on her Tier 4 visa, with the assistant of an oisc Immigration agent she applied in country to switch to Tier 2. The application was initially refused due to a claimed deception, as the client had omitted to disclose the Tier 1 refusal. After a new application in the same category, where the client provided explanation in regards to the omitted information, another refusal was issued, on the basis that when she was applying to extend her student visa, she had used a TOEIC centre that was later on found to have participated in fraudulent scheme that allowed some applicants to use deception to pass the test. On this basis, the Home Office found that our client had obtained her previous leave using deception and therefore her application was refused.
In-country right of Appeal against TOEIC Decision
The client, of course, vehemently denied any wrongdoing. She instructed a solicitor before coming to OTS to challenge this refusal. As the application had been submitted in 2015, prior to the changes to the right of appeal, the decision carried an in country right of appeal. An appeal was lodged and the client approached OTS solicitors after receiving a hearing date, as she wished to desist instructing her previous solicitors.
Instructing OTS Solicitors & Amendment of Grounds of Appeal
Our firm's Appeals and Litigation team appraised the case and the available material and advised the client on the merits of her appeal. They further made a decision that the grounds of appeal needed to be amended to strengthen the case. Having carefully analysed the client’s case, it was decided by our specialist lawyers that the best venue for a successful appeal was to challenge the Home Office refusal decision on two grounds. On the one had the fact that the Home Office had not discharged from the duty to prove that the client had committed a fraud and had sat a TOEIC examination through a proxy or otherwise implemented illegal tactics to pass the examination. The Home Office was relying on a general expert report without any direct evidence implicating our client into such a fraudulent activity. This ground was fully argued to clear our client’s name who had been unfairly accused of dishonesty and deception.
The second ground that was put forward, was in relation to the client’s private and family life. The client was in a relationship with a British Citizen for over two years. This line of argument had been completely left out from the appeal and therefore necessitated the grounds to be amended.
Based on the advice given by our appeals and litigation team, the client decided to instruct on submitting amended grounds of appeal. Properly argued grounds of appeal were drafted by a barrister and submitted.
Preparation for the Appeal Hearing
Following these initial stages, our team started working on the preparation for the hearing, in conjunction with the counsel. Detailed statement was taken from the appellant and several other attendees of the same examination. This was aimed at showing that the client was familiar with the set-up of the examination centre and the process was of the assessment itself, aiding to the argument that the Client had, in fact, taken part in the assessment. Further to this, evidence of the knowledge of English prior to the assessment was provided, showing that e client had no probable cause for cheating.
Apart from the aspects dealing with the allegations of deception, our appeals team worked hard to produce evidence of the client's private and family life and to evidence why returning back to her country of origin to continue their family life there was not an option.
TOEIC Refusal Decision Challenged & Appeal Allowed
This appeal was allowed on both grounds, under the Immigration rules and the Human Rights.
The client, a national of a non-EEA member country, entered the UK on a Tier 1 Investor visa, having previously resided in the UK as a student.
Re-Entered the UK as Tier 1 Investor after gratuation
While in the UK on the student visa, the client continued working for her family's business back home, acting as liaison for the business in the UK, the US and several EU countries. After graduating from her studies in the UK, she left the country and after a while, returned back to the country on as Tier 1 (Investor) migrant.
High Profile Investigations
During the client's residency in the UK as a Tier 1 Investor and before her leave would expire, a high-profile investigation was launched in the US that among other businesses implicated the client’s family business and the client personally into alleged counterfeiting activity. Investigations in Germany into the same business activity followed. The client's country of origin took advantage of these investigations that were being carefully followed by the media and claiming it was part of an anti-corruption and fraud campaign started against our client and several of her associates. The techniques applied by the authorities to carry out the investigations amounted to persecution of our client and others implicated. Some of her associates were imprisoned without due process. As a result of the investigation in the country of origin, a red notice was issued by the INTERPOL on our client's name. Our client was effectively in impossibility to travel and was under constant threat of being arrested on the basis of the Interpol notice.
Previous Solicitors
The client was advised by her previous solicitors to claim Asylum. The claim failed, as the Home Office found the criminal charges brought against our client to be an evidence of prosecution not persecution and therefore not being covered by the Refugee convention. Particular weight was attached to the fact that there were western jurisdictions that were also bringing charges against the client and the businesses she had worked with.
Instructing OTS Solicitors Appeals and Litigation Team
The client approached OTS Solicitors to represent her case in the appeal. At that point, as a result of her Asylum claim, her Tier 1 Investor visa had been cancelled and the Client had no alternative basis to stay in the UK apart from the ongoing appeal.
Cross-Border Jursidictions
As the case involved complex issues and cross-border jurisdictions, our Appeals and Litigation team conducted a thorough initial assessment of the case, prior to lodging the appeal. The client was meticulously advised of the strengths and weaknesses of their case, of the evidence that would be required of them to produce to strengthen the claim and on the procedures. Throughout the entire time, our Appeals and Litigation team maintained contact with the client and their overseas legal representatives, closely monitoring the development of the overseas investigations and their outcomes.
Adjournment and Best Chances of Success
To give the client the best chance of success, our team asked for adjournment of the initial hearing on the basis that the outcomes of the overseas investigations where crucial to the Asylum claim and there were clear indications that the criminal cases brought against our client in the US and German jurisdictions were going to be dismissed. Although adjournment was initially refused, our team managed to secure adjournment of the hearing on different bases, on the date of hearing. Having succeeded on this first step, the team continued to work tirelessly to secure the best result for our client.
Overseas Representative
Our Appeals and litigation team continued to maintain close contact with the overseas representatives and monitor the cases that eventually were dismissed, all the charges against our client being dropped in the US and Germany. The country of origin, however continued to persist in their criminal proceedings against our client.
UK Human Rights Obligation and Violations of Refugee Convention
Before the Tribunal, evidence was produced of the country’s record of Human Rights violations during the investigations of crimes, together with evidence that fair trial was unlikely to be accessible to our client. Further to this, evidence was produced on the prison conditions in support of the argument that returning the client to her country of origin knowing that the custodial sentence was highly likely to be applied, was already a violation of the UK’s obligations under the Refugee Convention.
Appeal Allowed on Human Rights Article 3 Grounds and Refugee Convention
The client’s appeal was allowed and it was considered that returning the client to her country of origin would result in the UK’s breach of obligations under the Refugee convention, as they would face violation of their rights under Article 3 and of the European Human Right Convention.
Our client, KK, a national of Lebanon arrived to the UK in 2007 with his wife and two young children. He came as a work permit holder. During his stay in the UK, the employer became insolvent and the business was continued under different company. Our client was not correctly advised at the time of his obligations to inform the Home Office of his change of employer and carried on with his activities.
After reaching the required five year period for settlement, our client applied for indefinite leave to remain. At this point he and his family had fully adapted to the British way of life and from an employee he had become a successful businessman, employing considerable amount of workers.
After a lengthy delay, our client's indefinite leave to remain application was refused due to lack of compliance with his duties to inform the Home Office of change of employers.
Our client approached OTS Solicitors seeking advice and assistance on challenging the decision. As the decision was made under the old rules, it carried right of appeal and our Immigration litigation lawyers advised the client on his options and grounds for challenging the refusal. Our client was advised that due to his lengthy presence in the UK, his family ties in the country, he had a strong family and private life grounds for challenging the refusal of his indefinite leave to remain application. He was further advised that due to the length of his children's stay in the UK and their full integration into British society, the rule regarding the child's stay in the UK for more than 7 years was considerably adding weight to the strength of his family's case.
Our team of Immigration lawyers specializing in appeals and Immigration litigation took over the case and prepared the grounds of the appeal challenging the decision. After the hearing date was notified to our offices by the Immigration and Asylum Tribunal, we worked closely with the client advising and assisting him in compiling the evidence to put before the Tribunal. Our team of lawyers also constantly liaised with the Counsel instructed by our firm on behalf of the client, to make sure that the client's and his witnesses' statements and evidence were covering all the issues to be raised during the hearing.
Our client's appeal was allowed on the grounds of family and private life as advised by our Immigration litigation team, with considerable weight being given to the fact that he had extended family in the UK, who would be affected by their removal and with acknowledgement that our client's children would have succeeded in their claim to remain in the UK in any event, irrespective of the extended family presence, due to the length of their stay and degree of integration into this country.
This work was carried out by Principal Solicitor Teni Shahiean and Immigration Lawyer Dr. Lusine Navasardyan.
To find out how we can help you with your immigration appeal, please phone our London office on 0207 936 9960, to talk to one of our experienced immigration Solicitors.
Facts of the case
Our client, AB, arrived in the UK in December 2010 with entry clearance as the sole representative of an overseas business which was valid until October 2013. He was later granted an extension until November 2015. Before Mr B became a client of OTS Solicitors, he made an application In October 2015 for indefinite leave to remain with his spouse as his dependent, however his application was refused in February 2016 on the grounds that he did not satisfy the criteria of the Immigration Rules under Paragraph 147. Without the help of Solicitors, AB made an administrative review request in February 2016, however this was also refused in March 2016 on the same grounds.
At this point, AB approached OTS Solicitors as his new solicitors and instructed our team of Immigration lawyers to submit an application seeking further extension to his leave.
Grounds of the successful appeal
We submitted that our client did satisfy the criteria of Paragraph 147 due to the fact that:
• Our client’s business had its headquarters and principle place of business outside the UK;
• Our client was employed as a representative of the business;
• Our client was required to by his employer to continue his Employment;
• Our client was receipt of a salary from his employer;
• Our client was generating business for his employer; and
• The company our client represented was registered at Companies House
We further submitted that the refusal was a breach of his treaty rights under Article 8 of the European Convention of Human Right which guarantees the right to respect for private and family life and that the refusal failed the test under R (Razgar) v. Home Secretary [2004] 2 AC 368.
This case resulted in the best outcome of our client due to the application carried out by OTS Solicitors Immigration lawyers
Our client, Mr BH, is an Egyptian citizen. He brought a claim under s.82(1) of the Nationality, Immigration and Asylum Act 2002 for entry clearance in order to join his father, who was also an Egyptian refugee. Our client is a 21 year old student at an Egyptian university, whose father was a loyal supporter of Egypt’s previous President, Mohamed Morsi. His father came to the UK after a string of events which occurred whereby our client’s family were subjected to abuse, violence, and persecution due to the political association of our client’s father. Soon after our client’s father came to the UK as an Asylum seeker, and our client’s mother and younger sister soon joined him in the following months. Our client’s application unrepresented by OTS Solicitors at the time, and was denied his application in 2015 on the grounds that he did not satisfy the requirement under para.352D (ii) of the Immigration Rules which requires that person with refugee status who seeks leave to enter or remain in the United Kingdom in order to join or remain with their parents to be under the age of 18. He then approached OTS Solicitors to make an appeal against this outcome.
Grounds of a successful appeal
When the appeal was brought to a First Tier Tribunal, the judge decided to also consider s.117B of the Immigration Rules and the case of Ghising (family life - adults - Gurkha policy) [2012] UKUT 160 and Gurung & Ors [2013] EWCA CIV 8. The judge rejected the application of para.352D on the following grounds: it was decided that although our client was a young adult, whose English language capability was not known, was a student at an Egyptian university, and there was no evidence of financial independence, the judge took the view that our client was emotionally and financially dependent on his parents, especially due to the fact that his father is victim of persecution and cannot return to his country of origin. The Judge also pointed out that the Immigration Rules do not make any provisions for young adults that are refugees, which he considered to be a repudiatory breach of Article 8 of the European Convention on Human Rights 1950.
This case was a success due to the application carried out by OTS lawyers
BA, who is originally from Nigeria, came to us after two discretionary Leave to Remain applications had been declined without right of appeal and the Court refused to grant her leave for a Judicial Review as to why a right of appeal was refused.
BA had been an overstayer in the UK for eleven years; however, she was married to a British national, and had a baby boy who was born in the UK.
How we Helped
If an individual has overstayed their visa entitlement, they are entitled to apply for Discretionary Leave to Remain in the UK on the basis that by removing them from the country, the UK Border Agency would be breaching the Government’s obligations under Article 8 of the European Convention on Human Rights. Article 8 states that a person has the right to a private and family life.
BA had clearly created a family life here in the UK; therefore, we made a fresh application under Appendix FM EX1. Paragraph EX1 can be used to apply for Leave to Remain in the UK by a person who has a genuine and subsisting parental relationship with a child, who is under 18 years, a British citizen, and for all intents and purposes, cannot be expected to leave the UK if the parent is removed.
Our application was successful, and BA now has Leave to Remain in the UK with her husband and son, free from any Immigration worries.
This work was carried out by Principal Solicitor Teni Shahiean and Senior Caseworker Nataliya Bondarets.
To find out how we can help you with your Immigration issue, please phone our London office on 0207 936 9960, to talk to one of our experienced Immigration Solicitors.
Mr B was a Nigerian national with four dependents, (a wife and three children). The entire family had overstayed their visa and were facing deportation.
We assisted Mr B in preparing a strong application to stay in the UK on Human Rights grounds with a view to being granted an appeal to challenge the Home Office decision. With sucessfully obtaining a right of appeal we worked along side the UK's best Immigration barristers and a team of soliciotrs from our firm ensured that every detailed aspect of the case was presented to the Immigration Judge for a sucessful outcome. We were pleased to inform our client shortly after the heaering that they had been sucessful on Human Rights grounds and the whole family had been granted Leave to Remain in the UK.
Applications under Human Rights Grounds.
Most applications brought by overstaying families who want to remain in the UK are made under Article 8 of the European Convention of Human Rights. Article 8 states that everyone has the right to a private and family life, free from state interference.
Applicants can appeal under Article 8 if they can show that removal from the UK would result in unreasonable disruption to their family life. In order to succeed with an Article 8 appeal, it is imperative to instruct a recommended Immigration Solicitor who has experience in such cases as they can be complex. OTS Solicitors have a proven track record of successfully appealing decisions from the Home Office on Human Rights grounds and achieving the best outcome for their clients at Immigration appeal hearings.
This work was carried out by Principal Solicitor Teni Shahiean with the assistance of our Appeal team and Senior Caseworker Nataliya Bondarets.
To find out how we can help you with your Immigration appeals and Human Rights application, please contact our London office on 0207 936 9960, to talk to one of our recommended Immigration Solicitors.
Acting for Kenyan national in a Court of Appeal case in relation to a Human Rights Application on both Article 3 and Article 8 of the European Convention on Human Rights. The Appellant fears return on account of his imputed political opinion and a challenge has been mounted with a view to Ordering the Secretary of State to reconsider the Appellant’s Human Rights and Asylum protection claim and to make a new decision in the best interest of the Appellant’s British children in the UK. The proceedings have been settled and the Respondent Secretary of State has admitted to conceeding that the previous Immigration Appeal hearing was decided in error of the law. The Home Office have therefore addmitted that the case should be sent back to the previous court and have also confirmed the evidence that should be considered which they nor the court considered in unfairly refusing the clients case the first time. Home Office has also agreed to pay client's full legal costs subject to review.
Acted for client in judicial review proceedings against the Secretary of State for the Home Department (‘SSHD’) in connection to the correct application of the new Immigration Rule, and unlawful interference with client’s Article 3 [inhumane and degrading treatment] and 8 [respect for private and family life] rights under the European Convention on Human Rights (‘ECHR’). During the proceedings, through lengthy negotiations with the Treasury Solicitors, the SSHD conceded to reconsider client’s leave to remain application on both Article 3 and 8, and to waive any requisite fee for the application. The terms of consent settled by the parties also held the SSHD liable to pay the client’s reasonable costs.
As an Immigration solicitor I never get use to the excitement and thrill of calling my clients and letting them and their family members know that they have been awarded their visa or settlement in the UK. In most cases they sense the excitement in my voice and they know before I’ve said anything. This is one experience every Immigration solicitor can relate to, and year on year the satisfaction of telling the family you have worked so hard for to ensure they are finally allowed to remain in the United Kingdom lawfully and to make a positive contribution and enjoy a fulfilling life for themselves and their families becomes more and more rewarding.
In this case I was instructed by the client in judicial review proceedings against the Secretary of State for the Home Department (‘SSHD’). The main issue in this case related to the correct application of the new Immigration Rule, and unlawful breach of client’s Article 3 [inhumane and degrading treatment] and interference with Article 8 [respect for private and family life] rights under the European Convention on Human Rights (‘ECHR’). During the proceedings, and through lengthy negotiations with the Treasury Solicitors, the SSHD conceded to reconsider client’s leave to remain application on both Article 3 and 8, and to waive any requisite fee for the application. The terms of consent settled by the parties also held the SSHD liable to pay the client’s reasonable costs. Following the Judicial Review and upon review by the Home Office of her decision, my client was granted Leave to Remain with her daughter also obtaining the same leave in line with her mother. My client recently received her biometrics residence permit and it was always very rewarding to work for her. Today she is in a position to make positive contributions to UK society and raising her daughter in a safe and stable environment.
Client A, a Georgian citizen had entered the UK without a visa in order to be reunited with his wife and daughter in the UK as his attempts to obtain entry clearance were repeatedly unsuccessful. A’s wife was from a different country and had Leave to Remain in the UK as a Tier 2 (General) worker with their daughter being her dependant. A remained here with his family and established strong ties to the UK. Before instructing our Immigration solicitors, A had applied for his stay on the basis that his removal from the UK would separate him from his family, however the application had been refused.
A approach our head of Immigration, Teni Shahiean to assist with challenging the refusal of his application to stay with his family. Teni Shahiean advised on a Judicial Review action to cancel the refusal letter and to be granted reconsideration with a right of appeal if the application was rejected following reconsideration. Moreover, evidence was obtained to demonstrate that if removed from the UK, A would be separated from his family for an indefinite period of time due to he and his wife being from different countries and also on the basis that any future entry clearance application to the UK would likely be refused and disproportionately interfere with his family life, as a re-entry ban would apply to any future out of country applications by the client.
With the assistance of Teni Shahiean and our Immigration team a very strong Judicial Review was launched challenging the Home Office refusal decision, which resulted in permission being granted at the High Court and a settlement offer being made by the Secretary of State. By consent order the Home Office agreed A would be given a right of appeal against the refusal.
Following a delay by the Home Office, our team once again challenged the Home Office to give effect to the settlement by consent which it had agreed or to face further litigation by way of a Judicial Review for undue delay. Further correspondence followed, and our client was then granted a right of appeal. By this time A’s wife had applied for indefinite leave to remain in the UK which strengthened the appeal grounds and our Immigration tribunal advocates were able successfully obtain the best result at appeal by winning A’s case on all the grounds of appeal put forward in his case.
Client A was a Pilipino national who had made an application as a Tier 1 entrepreneur through previous representatives. He had been refused a Tier 1 (entrepreneur) visa and instructed our firm to assist in challenging the refusal at the Immigration Tribunal Appeal. Miss Teni Shahiean of OTS Solicitors assisted our client to prepare for the appeal. Prior to his appeal hearing Client A had been offered a job in the UK by an employer with the required sponsorship licence. We assisted our client to obtain a certificate of sponsorship in time from the employer and then withdrew the appeal and submitted a fresh Tier 2 (General) application meaning that they were still within the 28 day grace period allowed after their Leave to Remain expired. With the help of our Immigration team Client A was granted his Tier 2 (General visa) straight away without the need to appeal his initial refusal. Our client achieved the best outcome in his Immigration case and started his Employment thereafter successfully developing his career and life in the UK.
The client in this case was a Nigerian national who approached our firm after his previous applications for Leave to Remain on Article 8 grounds had been refused. The basis of his application, while resting on grounds of family and private life, was that the client feared persecution due to his sexual identity (Homosexual male) and feared that returning to Nigeria would mean persecution for him and his family members.
The Home Office had refused on the ground that our client didn’t have a partner or a child in the UK, therefore failing the requirements of family life and there were no exceptional circumstances for granting him leave outside of Immigration rules. Prior to making this decision the Home Office had separately invited the client to personally apply for Asylum if he considered himself to be in danger of persecution upon return. Despite this, no consideration was given to his sexuality when making the decision, or the fact that he faced persecution upon return to his country.
Our Immigration department was instructed to appeal against the Home Office decision. Our team of specialist Immigration appeal lawyers worked closely with the client and our barristers to prepare the case to an exceptionally high standard. The best outcome was achieved in this case as the Appeal was allowed and the client was granted on Asylum grounds and Human Rights grounds under Article 3 freedom from torture and inhumane and degrading treatment or punishment.
To arrive to such a decision the Judge had accepted our legal argument on Immigration and Human Rights grounds and evidence put before him on behalf of our client. The Tribunal acknowledged that the reason for which our client wanted to remain in the UK stem from fear of returning to Nigeria as a gay man. The Tribunal also considered Paragraph 327, which does not require the appellant to make application for Asylum in person. This was an important point that allowed the Tribunal to hear the submissions on our client’s behalf on his refugee status, even though to formally claim for Asylum had been made prior to the hearing.
In order to proceed to hearing the submissions on our client’s refugee status, the Tribunal noted that the Home Office had no need to make any additional checks such as verifying additional facts or documents to be able to make a decision on an Asylum claim. Therefore, there was no reason for which the Home Office would have not been able to consider our client’s case from the prospect of United Kingdom’s obligation under Refugee or Person in need of International Protection Regulations 2006. The Tribunal further noted that the Home Office had already confirmed the UK as the responsible state for the Asylum claim.
The Definition of refugee according to Article 1A(2) of the Refugee Convention is:
Owning to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside his country of nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside of the country of his former habitual residence ...is unable or, owing to such fear, is unwilling to return to it.
Therefore, proving of a well-founded fear of prosecution, as well as belonging to a particular social group is always essential to success in this branch of Asylum cases. In this case the Tribunal was satisfied that our client was a gay man, therefore belonging to a particular social group and that he had well-founded fear of persecution, based on the evidence of recent legislative changes in Nigeria, as well as arrests that have taken place in the country.
The Human Rights Article 3 provides that no-one shall be subject to torture or inhuman or degrading treatment or punishment.
In this case there was a clear and substantial risk for our client of being subject to such treatment and punishment as Nigerian law provides for prison sentence for same sex sexual acts and same sex marriages. Therefore, the Tribunal concluded that it was not possible to say that prosecution of gay men were rare in that country. This led to accepting that our client’s fear of return to the country was well-founded.
Furthermore, as our client had well-funded fear that his family could also suffer by association with him, the Tribunal granted him anonymity. This means that no report of the proceedings will directly or indirectly identify our client or members of his family. This is an important protection measure for many people fearing prosecution in their countries extending to their families, as well as being shunned by the community in the UK- fear, that keeps them from applying for Asylum on grounds of sexuality.
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In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
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Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Dear Sir,
Many thanks for your question.
We would be happy to assist you, but it is important for us to understand your situation in full detail and to have full instructions from you. We understand that you had an Immigration appeal and at the hearing, the Judge directed the Home Office to reconsider their decision within 28 days. To date, you have not received a response from the Home Office.
Our Solicitors will contact you shortly.
Dear Sir,
Many thanks for your question.
We would be happy to assist you, but it is important for us to understand your situation in full detail and to have full instructions from you. We understand that you had an Immigration appeal and at the hearing, the Judge directed the Home Office to reconsider their decision within 28 days. To date, you have not received a response from the Home Office.
Our Solicitors will contact you shortly.
Dear Madam,
Many thanks for your question.
We will require further information from you in order to advise you on your Immigration matter. Our solicitors will contact you shortly.
Thank you for your enquiry.
From the information provided it appears that you are looking to seek permission from the First tier Tribunal to appeal to the Upper Tier Tribunal. This can only be done if there is an error of law in the previous judge’s decision. In order for us to assist you we will need to have sight of the paperwork and advise you accordingly.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in pursuing a Judicial Review against a decision by the First-Tier Tribunal. Please note that this is not a straightforward procedure. Therefore the best way to proceed would be to contact our offices.
Our Immigration Solicitors will contact you shortly.
Dear Sir,
Thank you for contacting OTS Solicitors.
In order for us to advise you, it is important for us to review both refusal letters first. We can thereafter decide whether there is a possibility for a further challenge or what other options you have under the Immigration Rules.
Our Immigration solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in finding out about your Judicial Review decision. Please note this is possible but there is a course of action that needs to be done by us to obtain the information you require. The best way to proceed would be to meet us in person at our offices.
Our Immigration Solicitors will contact you shortly.
I understand that you have a pending appeal in May 2018 regarding the decision to refuse your EEA application. You stated you currently have an Irish residence card and have applied to be recognised as the Family Member of an EEA national. I tried to call you in order to establish some more details with respect to your application. I am assuming that you have made the application as the family member of your son who is an EEA national and that this application for a registration certificate was refused. You have asked what you can do as the Respondent, in this case the Home Office, have not provided the documents to you yet that they have been directed to provide. It is possible to chase the Presenting Officer’s Unit for these documents and I can assist you with doing this. From your enquiry it would appear that you did not seek legal advice prior to filing the appeal and are acting as a litigant in person. This can be quite daunting and you are likely to find the issues arising during the appeal process complicated. In order to help you to prepare for the appeal and stand the best chance of success I would strongly recommend you seek legal advice. We offer an hour long consultation where I can go through your documents and provide you with detailed advice with respect to your matter. This would include advice on obtain a Barrister to represent you for the hearing and ensuring that you comply with the directions of the Tribunal ahead of the hearing, in particular preparing an indexed and paginated bundle of documents to support your appeal and ensuring these are served on the parties correctly and in good time.
Dear Madam, we understand that your husband has filed a Judicial Review. This would mean that it would be up to the Immigration Tribunal Judge at the Upper Tier Tribunal to decide whether your husband’s claim ought to have given rise to an in-country right to appeal and whether the certification of his appeal should be lifted. If you would like to discuss this matter further, please do not hesitate to contact us for a consultation with one of our Immigration & Public law specialists.
Dear Sir,
Thank you for your enquiry.
The Sala case has made it clear there is no statutory right of appeal against the decision of the Secretary of State not to grant a Residence Card to a person claiming to be an Extended Family Member. However we can always take instruction from you and examine whether there are any merits on your case for Judicial Review.
We will contact you shortly to discuss this matter in further detail.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
Kind Regards
OTS Solicitors
Thank you for your question. Someone will be in touch with you shortly to discuss your situation further as it may require a letter from us to the Court to confirm your appeal date depending on your circumstances.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. We will be in contact shortly to discuss your possible Judicial Review. Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form. I look forward to hearing back from you soon. Best regards, OTS Solicitors
Thank you for your question.
You may be able to appeal your re-entry ban on the grounds that the decision interferes with your right to a family life under Article 8 of the European Convention of Human Rights. We would need to talk with you to get the full facts of the case to see if this is possible.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
It may be best to negotiate with the Home Office to keep the Judicial Review application in place whilst the decision is being considered. You will need a professional solicitor to advise you and negotiate with officials. We will be in touch shortly to discuss this with you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. We would need further information regarding your case to help you as it is a failed appeal. Please get in touch with us and we can advise you on the next best steps to take.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. You may be able to appal the refusal of entry-clearance on Human Rights grounds. However, you would need to come in for an appointment to discuss this.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
Dear Mr Nunhokee,
By way of introduction, my name is Jay Marshall, and I work under the supervision of the principal Immigration solicitor at OTS Solicitors. Thank you for your email on the 31st May, which I have read today.
I have tried to contact you by telephone today but I was unable to get through.
The reason for the call was to inform you we can advise you regarding your application for Judicial Review. Albeit, this is something that we routinely deal with, so I would suggest that we arrange a consultation to discuss how we can help you in your Judicial Review application.
May I kindly ask that you confirm your availability for an appointment with us next week?
Following our meeting, if you would like us to represent you, we will deduct the consultation fee at the end of your case.
If you would like to proceed in this way, please confirm your availability for a meeting next week.
I look forward to hearing from you soon.
Kind regards,
Jay Marshall
Legal Administrator
OTS Solicitors
Dear Sir,
Thank you for your question.
Your case raises certain complex matters which our specialist Immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your query relating to your Leave to Remain in the UK, and residence requirements in the UK has been forwarded to the relevant department and our Immigration lawyers will be in touch with you within 24 hours to explain how to proceed for the best outcome in your Immigration case.
Kind regards
OTS Solicitors
Dear Sir,
Thank you for your question further to your girl friend's FLRM visa being refused.
Your case raises certain complex matters which our specialist Immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your query relating to your Leave to Remain in the UK, and residence requirements in the UK has been forwarded to the relevant department and our Immigration lawyers will be in touch with you within 24 hours to explain how to proceed for the best outcome in your Immigration case.
Kind regards
OTS Solicitors
Dear Sir,
Thank you for your question further to your Immigration appeal being refused by the Asylum and Immigration Chamber First Tier Tribunal.
Your case raises certain complex matters which our specialist Immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your query relating to your Leave to Remain in the UK, and residence requirements in the UK has been forwarded to the relevant department and our Immigration lawyers will be in touch with you within 24 hours to explain how to proceed for the best outcome in your Immigration case.
Kind regards
OTS Solicitors
Thank you for your question. Your case raises certain complex matters which our specialist Immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service for Immigration appeals. Your Tribunal Appeal query has been forwarded to the relevant department and our Immigration appeal lawyers will be in touch with you today to explain how to proceed for the best outcome in your Immigration case.
Dear Tom,
Thank you for your question. We set out some information below which may assist you in applying under this visa route.
Individuals living in the UK for twenty years or more (either lawfully or unlawfully), can apply for Leave to Remain on the grounds of private life. After a further ten years residency, he or she can apply for Indefinite Leave to Remain.
The most important distinction between the 20 year route and the 10 year route is that you can apply for Leave to Remain after 20 years even if you have been in the UK illegally.
Eligibility
The law relating to the 20 years long residence route for Indefinite Leave to Remain is contained in paragraph 276ADE of the Immigration Rules. Prior to this paragraph coming into force in 2012, applicants could apply for Leave to Remain after 14 years.
The applicant must meet one of the requirements contained in paragraph 276ADE (iii) to (vi), which state that the applicant;
- i. Has lived continuously in the UK for at least 20 years (discounting any period of imprisonment)
- ii. Is under the age of 18 years and has lived continuously in the UK for at least seven years (discounting any period of imprisonment)
- iii. Is aged 18 years or above and under 25 years and has spent at least half of their life residing continuously in the UK (discounting any period of imprisonment)
- iv. Is aged 18 years and above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which they would have to go if required to leave the UK.
The Definition of ‘Ties’
When establishing whether or not an applicant has any ties with the country he or she would have to return to if they left the UK, the UK Border Agency will consider factors such as language, whether the applicant has any family and/or friends in that country, cultural ties etc.
How OTS Solicitors Can Help You With Your Application
Our experienced and highly-qualified solicitors will take the time needed to put together a comprehensive application for Leave to Remain under the 20 year route. You can be assured we will take an approach to your case to ensure it has the best chance of succeeding. We can also answer any questions the Home Office may have regarding your application on your behalf.
When you engage our services you can expect the following standard of service:
- Based on the information you provide us, detailed advice as to the UK immigrationlaws that apply to your case
- A clear, concise discussion with an your solicitor, outlining the strengths and weaknesses of your application
- Advice as to what documentation you will need to provide to support your application
- Assistance with filling in the relevant application forms
- Full follow-up with the UK Border Agency if there are any questions or problems with your application
- Advice on appeals or applications for administrative or judicial review should you application be denied
- Your Immigration solicitor will prepare strong detailed legal representations setting out the legal framework to support your application
OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.
Our Fees
We can offer a fixed fee service for an Indefinite Leave to Remain Application for 20 years’ residence in some circumstances. We can also offer payment options if required.
To find out more on how we can advise you on your application for IndefiniteLeave to Remain after a twenty year residence in the UK, please phone our office on 
0207 936 9960. We would be happy to offer an initial consultation over the phone, or you can make an appointment to see us in our London office.
[This question has also been answered by our lawyers privately by e-mail]
Dear Sir/Madam,
Thank you for your question.
We note that the Treasury Solicitors acting for the Secretary of State for the Home Department are offering to reconsider your application on the condition that you withdraw your Judicial Review claim against the Secretary of State.
At OTS Solicitors our Judicial Review team are made up of specialist Immigration lawyers that will successfully negotiate the best terms of your Consent Order on your behalf.
In answer to your question, you must consider the possibility that the Secretary of State may refuse your application against following their reconsideration of your case. Have you asked for a right of appeal if they do refuse your case again? You must also consider that the Secretary of State will take a long time to reconsider the application. Have you therefore provided a defined time-scale in which the Secretary of State must reconsider your case? You must also consider that the Secretary of State may be liable to pay your costs for the Judicial Review claim. Have you therefore included provisions for claiming back these costs from the Secretary of State/Home Office? Without consideration of the above, you may therefore have no further opportunity to ask the Court for relief in this case and you may be reliant on the Secretary of State to act on their promises within the consent order. It is therefore imperative that you / your solicitor carefully and strategically word the Consent Order to protect your legal interest.
If you are still unsure of your next steps or what the correct decision would be in your case, our specialist Judicial Review Immigration lawyers base in London are ready to take you through these final important steps in your Judicial Review matter. To ensure that you are strongly represented to settle your case on best possible terms, call our solicitors today to arrange a details consultation. You can reach us on 0207 936 9960 or by completing our Contact From.
Kind regards,
Judicial Review Immigration Team
OTS Solicitors
[This question has also been answered by our lawyers privately by e-mail]
Anyone detained under Immigration powers has the right to apply for bail. As a first step a Temporary Admission request to the Home Office should be made, as a Chief Immigration Officer of the Home Office does have the power to release a detainee. If this is refused then a bail application will follow. This is done on a specific form B1 that can be obtained online, or if you are in detention from the staff.
A completed form should be sent to the relevant court attaching grounds for bail and supporting evidence. Within three working days you most probably will receive a hearing date.
To better your prospects of success, your application for bail will need to provide a fixed address to reside in and one/two people to act as sureties. These are people who will keep in touch with you and undertake to ensure that you do not break any conditions of release. They will also need to show a certain amount of money by way of covering for potential absconding. While these are not mandatory requirements by law, lack of an address or a surety will significantly weaken chances of success.
Please note, this is not a legal advice. Should you need a legal advice tailored to your circumstances please contact us to speak to one of our Immigration solicitors.
