Judicial Review and Human Rights
At OTS solicitors we regularly act for individuals, companies, charities and other non-profit organisations to challenge the decisions of a public body in cases where such decisions are made with disregard of the law, human rights or failure to observe procedural rules.
Every public body is under duty to observe the law and human rights whenever making a decision, as well as follow certain procedural rules for it. A failure to do so will result in an unlawful decision which can be challenged before court. This procedure is known as Judicial Review and is widely used in areas where the governmental bodies have decisional powers. Both, the decisions of central and local public bodies can be challenged using the Judicial Review procedure.
Our specialist Judicial Review and human rights solicitors have an extensive knowledge and experience in challenging decisions of public bodies. We are especially dedicated to human rights aspect of the law.
OTS Solicitor team has successfully defended numerous Judicial Review applications, specialising in particular in Immigration cases. In this area of law we have a wide-ranging history of successfully acting for clients in refusal of further leave to remain, refusal of asylum claims, removal from the UK or detention cases. Our Judicial Review and human rights team has rich experience of acting in various cases and at different levels of courts, including the Court of Appeal. Our solicitors have been involved in cases that have challenged the existing approach to legal problems and helped further shape the legal framework.
Our Judicial Review and human rights solicitors are not only experts in local law, but in EU law and relevant international treaties. Our advice is built on solid knowledge of UK case law, as well as European Court of Justice and European Court of human rights case law.
Some of the other areas where Judicial Review is widely used by our clients are:
- planning and environment
- community care
- Civil liberties
Our expert Judicial Review and human rights solicitors are recognised in legal directories and by their peers as leading specialists in the area. As in all other areas, our Judicial Review team is made of dedicated, friendly, approachable professionals, determined to battle relentlessly and against all odds in order to assure equity and justice to our clients.
Your Questions and our answers about Judicial Review and Human Rights
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.
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.
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.
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.
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.
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.