Appeals, Admin and Judicial Review

Appeals, Admin and Judicial Review

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Appeals, Admin and Judicial Review

The appeal, judicial review and administrative review process in the UK for immigration law provides individuals with various avenues for challenging decisions made by Immigration authorities.

Appeal

If an individual's asylum claim or application for leave to remain is rejected, they have the right to appeal the decision to the First-tier Tribunal (Immigration and Asylum Chamber). The appeal is a legal hearing where both the individual and the Home Office can present evidence and arguments. The decision of the First-tier Tribunal can be further appealed to the Upper Tribunal (Immigration and Asylum Chamber) and, in some cases, to the Court of Appeal.

The appeals process is intended to provide a fair and impartial review of the Home Office's decision, taking into account all relevant evidence and arguments. The individual must submit their appeal within a specified time frame, which is usually 28 days from the date of the Home Office's decision. If the individual does not appeal within this time, their right to do so may be lost. Throughout the appeals process, the individual may have the right to receive support from the government, including financial assistance and legal representation. The outcome of the appeal may result in the Home Office's decision being upheld, overturned, or modified.

Judicial Review

Judicial review is a legal process where individuals can challenge the lawfulness of a decision or action taken by a public body, including immigration authorities. Judicial review can be used to challenge a wide range of decisions, including refusals of asylum, visa applications, and deportation orders. It involves a court considering whether the decision was made in accordance with the law and was reasonable in the circumstances. The process involves a court considering whether the decision was made in accordance with the law and was reasonable in the circumstances. It is not a re-examination of the facts of the case, but rather an assessment of the decision-making process. The individual must show that there was a legal error or that the decision was procedurally unfair.

In order to initiate a judicial review, the individual must first apply for permission to the court. If permission is granted, the case will proceed to a full judicial review hearing. The hearing is less formal than a trial and is conducted by a judge in a courtroom. The individual and the Home Office will have the opportunity to present arguments and evidence.

The outcome of a judicial review may result in the Home Office's decision being quashed, meaning that it is no longer valid, or the court may order that the decision be reconsidered. The judicial review process is intended to provide a fair and impartial review of the Home Office's decision, taking into account all relevant evidence and arguments. It provides an important check on the actions of the immigration authorities and helps to ensure that decisions are made in accordance with the law.

Administrative Review

Administrative review is a process where individuals can ask the Home Office to review a decision that has been made in their case if they believe it was incorrect. This may include a review of decisions relating to visas, asylum claims or deportations. The administrative review process is less formal than an appeal or judicial review and the Home Office has the discretion to overturn its original decision if it determines that it was incorrect.

These processes provide individuals with opportunities to challenge immigration decisions and ensure that they are treated fairly and in accordance with the law. In order to request an administrative review, the individual must provide new evidence or information that was not considered in the original decision. The Home Office will then review the case and make a new decision.. The individual must make a request for an administrative review within a specified time frame, which is usually 28 days from the date of the Home Office's decision.

If you require further information or assistance feel free to contact UK Immigration Lawyers, our expert team specialise in appeals, admin and judicial review applications and are well equipped to guide you through the process .

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