If your application has been refused and you have been granted the right to appeal, Gowing Law Solicitors can assist you with lodging an appeal before the Immigration and Asylum Tribunal (first tier and upper tribunal).
Our specialists will assist you every step of the way. Gowing Law Solicitors will start by submitting your notice of appeal to the Tribunal within the required timeframe. We will ensure your matter is properly prepared with the thorough witness statements.
As the rules in relation to appeals can be complex, it is therefore vital that you ensure that you obtain professional advice urgently if you have received a refusal in order to protect your appeal rights.
If the Home Office has acted outside its powers in an unfair or disproportionate way, here at Gowing Law Solicitors we have experts, who can prepare an initial pre action protocol on your behalf and if necessary commence full judicial review proceedings. Contact us today.
A judicial review is a different procedure to an appeal. In an appeal, the judge looks substantively at the issues of your case, whereas in a judicial review the judge reviews the lawfulness of a decision or action taken by the Home Office. This is the procedure to take if you would like to challenge the way the decision has been made, if you believe it was illegal, irrational or unfair.
There is a timeframe you must follow if you would like to lodge a judicial review, so it is crucial to contact our friendly team, as soon as possible.
If your leave is curtailed, it is important that you seek professional advice as soon as possible, to secure your position, and see what alternative options are available to you to regularise your immigration status further.
If you believe the decision to curtail your leave to remain is correct, you should make arrangements to leave the UK and ensure you do so before your leave to remain comes to an end.
Breaching a condition of your visa is one of the most common reason why the Home Office would decide to curtail you visa. An example would be where a person has not complied with a condition attached to the grant of their leave, such as accessing public funds, where they were subject to a condition not to have recourse to public funds. Also where the Home Office believes you have obtained your current visa or Indefinite Leave to Remain on the basis of false representation or false document, they may curtail the same.
If you believe the decision to curtail your visa has been made in error, or the curtailment of leave is incorrect for other reasons, at your request, Gowing Law Solicitors can write to the decision-maker on your behalf and request that they reconsider the decision. Some reasons for curtailment are discretionary, rather than mandatory, and there may be factors that have not yet been considered, or mitigating circumstances relating to the curtailment of your leave. You may have exceptional, compassionate circumstances, for example you could have a serious medical condition that will allow you to request that you be given a longer period to remain in the UK.
Gowing Law Solicitors will assist you in establishing if there is another basis on which you can remain in the UK. If there is, at your request, an application for further leave to remain in the country can be prepared and submitted before your leave to remain ends. If your leave is curtailed with immediate effect, it is best to leave the country and make an Entry Clearance application from abroad to avoid overstaying.
There are a number of options that may be available to you. This will depend on your circumstances and you should seek professional legal advice from an immigration lawyer.
While there is no right of appeal or administrative review against a curtailment decision, you may be able to pursue judicial review proceedings to challenge the ‘curtailment of leave’ decision.
We work alongside specialist immigration barristers in order to offer you the highest qualify advice in the industry. Please contact our friendly team today.
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