At times, the best approach would be to simply submit a fresh application; at other times it may be better to challenge the negative decision. In either circumstance we can help by reviewing your matter closely and either advise on the most appropriate immigration route and prepare the strongest possible application, or we can guide you through the most relevant path to successfully challenge the decision.
Challenging Public Bodies Decisions
Our team of experienced immigration specialists have vast experience in challenging public bodies and have an unparalleled record of success in complex and contentious cases against the UK’s Home Office. Depending on your circumstances, one of three routes may be available to you if challenging the decision is deemed the best of course of action, these are: Administrative Review, appeal and Judicial Review.
Whichever route is considered to be the most appropriate for your circumstances, you can rest assured that our stellar reputation amongst our peers mean that we have worked with some of the UK’s leading immigration barristers, whom we are able to instruct on your behalf if necessary.
The Administrative Review process allows you to challenge the negative decision on the basis that the decision was come to incorrectly due to a “case worker error”. For example, if the evidence was not properly considered; where the immigration rules, policies or guidance have not been correctly applied; or where the Home Office made some other mistake whilst processing the application.
If the Administrative Review route is deemed to be the best course of action for your personal circumstances, our experts will guide you through the process.
Your right to appeal a decision is only applicable if the Home Office decided to:
- Refuse your claim for international protection (asylum) or revoke your protection status;
- Refuse your human rights claim (this includes applications under the family migration routes); or
- Refuse your EU Settled Status application (if it was made after 31st January 2020).
Our team will work with you to review your matter and advise you as to whether you can go down the appeal route. The appeal process involves a full hearing before a judge, who will look at your application and consider whether to overturn the Home Office decision. Here, the judge will be concerned with whether the Home Office made the right decision, including whether they made a correct factual assessment based on the materials provided in your application.
The Judicial Review process, like the appeal process, is a legal challenge that takes place before a judge. However, unlike the latter, the Judicial Review is less concerned with whether the Home Office’s decision was correct, but rather with how the decision was made.
Under this process, the judge can consider whether the decision was unlawful, procedurally unfair, or unreasonable. In some immigration cases, Judicial Review may also be available in respect of a decision by another court.
For more information about us and our personal immigration services, please contact a member of the team who can answer any questions and guide you through the process.