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22/7/2019

Successfully challenging visitor visa refusal when there is no right of appeal

It is easy to describe it challenging to make a successful UK visa application, after a history of refusals spanning over decades - but what is difficult to describe is the arbitrary challenges faced after the legal hurdles have been successfully overcome.

We represented a client in their application for the UK visitor visa, which was refused based on their immigration history. We challenged the decision to refuse the application by way of judicial review, as there was no appeal right.

Judicial review is a process where a Judge reviews the lawfulness of the decision made by the Home Office. It is a costly and time-consuming process. There is a risk of costs being awarded against the losing party. The preliminary stage of the Judicial review process involves sending a letter before claim to the Home Office. This is to ensure that every endeavour has been made to settle the matter out of court.

We followed this process and had to lodge the judicial review claim, as there was no response to the letter before claim. Once the claim was lodged, the Home Office accepted the claim and a consent order was signed and sealed to the effect that the decision to refuse the application will be reconsidered within 3 months and reasonable costs will be paid. At this stage of the process, one would consider that the challenging aspect of the case is over. Surprise ...

More than 3 months after the consent order was signed and sealed, there was no response. It felt that the most challenging part of the process had just begun, which was to deal with the arbitrary process after the provisions of the consent order had been breached.

The time-consuming process became even lengthier and went far beyond the three month time period stipulated in the order.

We were successful at last.




24/4/2018

Parents of a child who has lived in the UK for 7 years granted permission to stay

We represented a family in their application to regularise their status in the UK. They had been living in the UK for some time but held no lawful status.

It is no surprise that life has become increasingly difficult for those who have no right to stay in the UK, with the measures introduced by the UK government to create a hostile environment for illegal immigrants – checks by landlords before property is rented, checks by banks on account holders, checks by employers on someone’s right to work and charges for NHS treatment.

To survive in this environment in the UK, it is important to apply to regularise status. In order to succeed in an application on the basis of a child who has lived in the UK for 7 years, the immigration rules require the parent to be a lone parent and not living with the other parent of the child. The Home Office, as well as the Courts, have not been generous in cases where both parents are living together.

We advised our clients, prepared and represented their case before the Home Office. We must admit that we had also advised our client that the case is challenging and we may have to go to court.

We were pleasantly surprised by the successful outcome of the case.

What was most gratifying was our clients’ response when we notified them of the outcome – “Is this a dream”, replied the client.



08/09/17

Long residence application successful!

We represented a client whose application for indefinite leave to remain under the 10 years rule was refused and subsequent appeal was dismissed. The appeal was out of time and there were issues whether the client’s continuous residence was broken. The client having sought advice from various specialists decided to instruct us. We explained the strengths and weaknesses of the case to the client and prepared the application in the best possible way. The application was granted and our client was very pleased with the outcome.

If you would like to get specialist advice on your UK Immigration matter, please contact us on enquiries@theimmgration lawyer.uk or call us at 07881404347

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08/09/16

Reinstatement of Tier 2 sponsor licence following suspension

I assisted a Tier 2 Sponsor whose sponsor licence was suspended following an unannounced visit by the UK Visas and Immigration officials. I advised the sponsor on the remedial measures that needed to be taken and made representations on their behalf addressing the issues identified by the visiting officials and was successful in having the suspended Tier 2 sponsor licence reinstated.

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08/09/16

10 year UK entry ban overturned

Business Visitor
I have successfully represented a business visitor who was given 10 year UK entry ban. Following my representations addressing the reasons for such draconian result, the entry clearance ban was removed and the individual was allowed to travel to the UK.

Tier 4 (General) student
I have represented a Tier 4 (General) student in challenging 10 year ban and was successful in having the ban removed.


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08/09/16

Visitor visa refusals overturned through pre-action protocol

I have successfully challenged several visitor visa refusals through pre-action protocol letters, whereby the applicants were issued visa without having to go to court.

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08/09/16

Administrative review

I have successful challenged negative decisions of ECOs in Tier 1(Entrepreneur) and Tier 1 (Investor) applications through administrative review and had them overturned.

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08/09/16

Appeals

I have successfully challenged negative decision of ECO in the case of Dependant child of Tier 1(Investor) and had it overturned by lodging the grounds of appeal.

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08/09/16

British citizenship: successful outcome at the first stage of judicial review process

I was instructed to represent a client after their British citizenship application of two years ago had been refused and reconsideration had failed. In the particular circumstances of the case, making a fresh application was not an option, as the client was no longer living in the UK. The only option left was either to challenge the Home Office decision to refuse the application by way of judicial review in the High Court, or to abandon the thought of becoming a British citizen. We abandoned the latter option and proceeded with the challenge.

In compliance with the first step of the judicial review process, I made representations to the Home Office setting out the grounds of challenge. The Home Office failed to respond within the time limit. And we prepared to lodge the claim in court. As we were on our way, the Home Office response arrived, accepting to reconsider my client’s application of two years ago.

Great result for my client!


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07/09/16

British citizenship application successful on reconsideration

We represented a client in their application for British citizenship, 3 months after they obtained an Indefinite leave to remain in the UK. In order for an application to be fully compliant, in addition to satisfying other criteria, one has to show that they have held indefinite leave to remain for 12 months before making an application for British citizenship.

Although such applications are decided on a discretionary basis, and do carry a risk of failing. But it is possible to achieve a successful outcome if an application has been presented in a way to maximise the chances of success.

The Home Office at first refused the application, but then went on to grant it when challenged to reconsider their decision. Another successful outcome without having to go to court.


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26/04/16

Fiancé visa appeal successful

I was instructed by a client to represent them at the appeal hearing after they were refused fiancé visa because of their history of overstaying and working in the UK. The client had travelled to their country of nationality to make an application for entry clearance. The appeal was listed for hearing almost a year after it was first lodged. At the hearing, the presiding Judge agreed that in the circumstances of the case, it cannot be said to be undesirable for my client to be granted fiancé visa.

Great result for my client.


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03/04/16

Deportation Order revoked

I represented a client in challenging deportation from UK. After a lengthy legal battle and just prior to full court hearing, the Home Office wrote to confirm their decision to revoke deportation order against my client and asked us to withdraw the case from court.

What a victory for my client!

If you have a problem and are looking for assistance, why not call 07881404347 now.


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30/03/16

UK entry clearance ban removed and visa granted

I was instructed to represent a client who had a history of refusals of UK visas. The most recent refusal included a ban for deception based on failure to disclose previous criminal conviction.

I assisted the client in preparing his application and made representations on his behalf. After two weeks, the UK Embassy’s decision was ready for collection. On opening the envelope, my client was relieved and very happy with the news that he was granted UK visa and finally able to travel to UK after several years.
Great result for my client!

If you have a problem and are looking for assistance, why not call 07881404347 now.


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01/02/16

Deletion of information from Interpol - Great result for my client!

My client was listed on the Interpol and as a result was prevented from travelling overseas. I had previously assisted the client with their asylum claim in the UK. This was successfully granted by the Home Office at the first instance without having to go through the appeals process.

The client still could not travel outside the UK as his details were held on the Interpol and he risked being arrested, if he decided to travel outside the UK.

I made representations to the Commissioner of the Interpol on behalf of my client and asked for his information to be deleted from their records. The Commissioner responded promptly, agreeing that the information against my client was held in violation of its own constitution and ordered for it to be deleted from their records.

If you have a problem and are looking for a specialist to represent you, contact me now.


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02/12/15

Long residence application successful

My client had spent more than 10 years in UK in various categories under the immigration rules as well as under the European regulations. His premium service application has been successfully granted.

If you have a problem and are looking for an immigration expert to represent you, contact me now.


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02/12/15

Cancellation of Visit Visa on arrival at UK - decision overturned

My client’s visitor visa was cancelled on arrival at UK on the basis that false information had been provided to the visa officer and material facts were withheld. This decision to cancel visa was reached on the basis of the information provided by a family member of the client.

I represented the client in challenging the decision of the Immigration Official. Surprisingly, today an official of the Home Office called to say they found my ‘representations persuasive’ and they have decided to issue my client a visa.

If you have a problem and are looking for an immigration expert to represent you, contact me now.


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25/06/15

10 years UK entry ban overturned

My client was subject to 10 years UK entry clearance ban and was refused entry clearance a number of times. Years after the ban was initially imposed, my client has now been granted visa.

If you have a problem and are looking for an immigration expert to represent you, contact me now.