LITIGATION, COURTS & TRIBUNALS
UK Immigration Refusals. Do You Require A Litigation Attorney For UK Immigration?
If you or a loved one has been deported, detained, denied entry, denied permission to stay, or has experienced any other type of UK immigration refusal—it’s time to seek out a litigation lawyer or solicitor. The team of our litigation lawyers at Gulbenkian Andonian Solicitors specialises in UK immigration, and is here to assist. The sooner you reach out, the more time we have time to build your case. Better yet, reach out before you submit your immigration application. If you feel your rights have been in some way violated, or you want to seek an immigration or human rights appeal— litigation , court and tribunals are your next step. Here is a closer look at the appeal process.
Public Law Judicial Review
Immigration laws are in place to create fair and reasonable paths to citizenship or residency. Unfortunately, some decisions are made unlawfully or without following proper procedures. When unlawful decisions are made regarding immigration (and many other bodies of public law function) a judicial review can be implemented. This is a legal process in which the court must rule on the lawfulness of the legislative or executive decision, the applicable act, or the severity of the omission. There are a number of grounds for which public law judicial reviews may be sought out, including an unlawful interpretation of the law—or a breach of fundamental human rights . This helps to hold public organisations accountable and ensure that appointed decisions makers fulfil their legal obligations—and lawfully interpret and implement the law.
If you or a loved one believes your immigration decision or act is unlawful, you have 90 days from the event to challenge the decision in a judicial review. You will need a team of litigation attorneys on your side, and Gulbenkian Andonian Solicitors is here to assist. Our litigation team will explore options in dispute resolution including UK immigration refusals, all while building a solid foundation in the event that your case goes to court.
Immigration And Human Rights Appeals
Another option for denied entry, permission to stay, deportation or some other types of UK immigration refusals is to file for an immigration and human rights appeal with the tribunal. The tribunal is dedicated solely to hearing appeals to decisions made at the Home Office. If you wish to file a Tier 1, 2, 4, or 5 visa appeal, you have 28 days after the decision to file, even if you have to leave the UK in the meantime. You can appeal online or request an oral hearing. Either way, the appeal should be handled by trusted litigation attorneys. Appeals can be made for human rights claims for entry clearance, protection refusal, deportation of EEA nationals, and denied applications for EEA family permits. Your attorney will submit the required forms and documents and cite the ways in which the decisions violate human rights . If needed they will present your case at the tribunal hearing. Hearings are held in public, and you have the right to request a male or female judge.
The Best Way To Avoid UK Immigration Refusal
To drastically reduce the likelihood of a UK immigration refusal, and therefore the need to appeal or request a judicial review—is to work with an attorney who specialises in immigration before you submit your initial application. This can go a long way in saving time, stress, the heartache of being separated from your loved ones—as well as the costs associated with returning to the UK after deportation.
The most common reasons for immigration refusal include:
- Applying for an incorrect visa.
- Failing to provide the correct documents.
- Providing the correct documents, but not in the correct format.
- Providing incomplete evidence.
- Following the advice of friends, family members, or anyone who does not specialise in immigration applications.
- Non-disclosure of pertinent information.
- Relying only on the advice of the Home Office, from well-intentioned customer service agents who don’t understand the full scope of immigration law.
We urge you to reach out to the London-based litigation attorneys at Gulbenkian Andonian Solicitors as soon as you or your loved one has been denied. This will provide us with ample time to gather the documents and evidence for your judicial review, tribunal hearing, court, or appeal. Again, we would prefer to work with you prior to submitting your application, but at the very least as soon as your immigration complication arises.