Your guide to statutory appeals and judicial review applications

Immigration Solicitors 

Statutory Appeals

Certain decisions that UKBA make, 'immigration decisions', attract a right to appeal. Sometimes, you will already be outside of the United Kingdom, and at other times the right to appeal will not be effective until you have left the United Kingdom, lastly, sometimes the appeal is an in country appeal.

All three types of appeal are heard before the First Tier Tribunal in the United Kingdom - the distinction of 'in' or 'out' of country referring to where the Claimant is or will be domiciled at the time of the appeal hearing. For example, if the Claimant is a failed asylum seeker in the United Kingdom and makes further representations which are accepted as a fresh asylum claim, but the representations are certified as clearly unfounded (which would be rare), then the Appellant would not be able to exercise his right of appeal until he or she had left the United Kingdom.

Whether you are in the United Kingdom or abroad Aylish Alexander take your appeal preparation and representation seriously, realising that in many cases presentation is pivotal in the success of an appeal - and likewise preparation is crucial to expert presentation. Therefore, extensive preparation is carried out during the stages before your appeal is heard before the Tribunal, including witness preparation, which will assist you and any witnesses giving evidence on your behalf, to feel more relaxed and confident about giving oral evidence and being crossed examined on that evidence.

Our specialist appeals advisor will talk you through the whole process of the appeal hearing, and direct you to the types of questions that you are likely to be asked, to enable you to focus on how you intend to answer questions in during the hearing.

On the day of your hearing you will either be represented by our appeals advisor or an experienced barrister, either of whom will present your case in the best possible light to enhance your prospects of succeeding.

If you are unfortunate and your appeal is dismissed, we will also talk to you about onward appeal rights, which will either be to the Upper Tribunal, or if already at the Upper Tribunal, to the Court of Appeal.

Some appeals will go all the way to the Supreme Court (formerly the House of Lords), and yet other will proceed to the European Court of Human Rights in Strasbourg, which can occur at any stage of the process where a question over the interpretation of the Convention arises.

In short, no matter what your appeal requirements, Aylish Alexander Solicitors will ensure that you receive first class advice and representation.

 

 Immigration Solicitors

Judicial Review

Some decisions made by the Home Office that affect you and your right to come to or remain in the United Kingdom are not susceptible to appeal before the Tribunal. These are normally decisions that are not categorised as 'immigration decisions', and in addition to those decisions, some acts and omissions of the Home Office may likewise cause concern to such an extent that they are subject to the supervisory jurisdiction of the High Court of Judicature on what is called judicial review.

The judicial review process is in two parts; firstly requiring an application for permission, and if permission is granted then this leads to the second part, a full judicial review hearing.

In order to mount an action for judicial review there must be a public law wrong, in layman's terms this means that the Home Office must have acted in a way that is unacceptable for a public authority to act, for example by making a decision on your case that no one would consider to be proper, or seeking to remove you from the United Kingdom when they were aware that you had an outstanding appeal, or where you have been detained and allege that the detention is unlawful. In all of these situations and many more you will be entitled to make an application for permission to seek judicial review.

Aylish Alexander specialise in judicial review applications and have a sound record of success. Our judicial review advisor will be happy to discuss your case with you and to advise you as to the prospects of success of you case.

Should you decide to proceed with this type of action our advisor will be at hand to advise you all of the way through the process. At court you will again be represented either by our specialist advisor or a specialist barrister, depending upon the subject matter of your judicial review application.