Challenging Decisions
If you have received a negative decision then we can help.
At LUPINS, we have accumulated a great deal of experience in challenging Home Office decisions.
As solicitors, we can handle appeals and judicial reviews on behalf of individuals and businesses
and have taken cases as far as The Supreme Court and European Court of Human Rights.
If your application for asylum, leave to remain, entry clearance, further leave to remain or settlement in the UK has been refused, or your Sponsor Licence has been suspended or revoked, LUPINS can assist you in challenging that decision.
With all applications to challenge a negative decision there are strict time limits. It is therefore essential that you contact us as soon as you receive a decision to ensure that we can assist you in obtaining the best possible outcome and remedy.
Please note that the advice below is no substitute for seeking advice directly from one of our experts as every case is different and is legally and factually unique. In all cases it is essential to obtain our advice as soon as possible.
Delaying your claim can have an adverse impact upon your case.
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Home Office Administrative Review
An administrative Review is when the Home Office reviews an immigration decision to see if it was wrong on account of a case working error.
Only certain decisions are eligible for Administrative Review. A full list of eligible decisions is set out in Appendix AR to the Immigration Rules. LUPINS can assist you in determining whether your decision is eligible for Administrative Review.
If you are in the UK you will be notified via your application refusal letter as to whether you can ask for the decision to be reviewed. You can ask for a review if your application was refused or if it was granted, but you are unhappy with any of the conditions attached to your grant of leave.
If your application was refused, you must apply for an Administrative Review within 14 days of getting the decision or apply within 7 days if you have been detained. In all cases you should obtain LUPINS advice as soon as possible.
If you are outside the UK you will be notified in your refusal letter as to whether you can ask for the decision to be reviewed and must apply for an Administrative Review within 28 days of getting the decision. In all cases you seek advice from our legal experts as soon as possible.
An arguable case working error may include cases where the original decision maker failed to apply the Home Office’s relevant published policy and guidance in relation to the application or where they applied the Immigration rules incorrectly.
LUPINS can assist you in determining whether your decision is eligible and the legal basis for asserting that a case working error has taken place. Our lawyers are experts on the Immigration rules, Home Office policy and case law and will undertake a careful analysis of your decision to determine if you have an eligible decision and if there has been a case working error. We can advise you on whether any further documents should be submitted as part of the Administrative Review and we will draft detailed grounds and submissions on your behalf. If the immigration decision is not eligible for Administrative Review, then the appropriate remedy will be an Immigration Appeal or judicial review.
Appeals to the Immigration Tribunal
If the Home Office has refused your asylum, humanitarian protection or human rights claim or If they have made a negative decision under the European Economic Area (EEA) Regulations by making a decision to deport you, or by refusing to give you a residence permit, or if the Home Office has decided to deport you or revoke your protection status, or taken away your British citizenship, you can appeal to the Immigration tribunal.
The Immigration Tribunal is independent of the Home Office and an Immigration Judge will listen to your case and the Home Office case before reaching a legal decision.
At LUPINS, we are renowned for our outstanding preparation and representation before all the Immigration courts. We are able to assist in any claim at any level and present appeals to the First tier and Upper Tribunal, High Court, Court of Appeal and Supreme Court in immigration cases. We have even taken cases to the European Court of Human Rights.
At LUPINS, we will endeavour to ensure that your case is presented with the highest standards of expertise, we will make sure that you have all the required advice and assistance to give you the best possible chance of success.
Judicial review
If you want to challenge an immigration decision that has no right of appeal, or you have exhausted all legal remedies, LUPINS can assist you to apply for judicial review.
Judicial review allows you to challenge an immigration decision or the failure of the Home office to make a decision. Judicial review is open to you where you are unable to appeal or apply for Administrative Review. Judicial review allows you to challenge the Home Office on the grounds that the decision they made (or lack of decision) was either unreasonable, unlawful, or on the the grounds of procedural impropriety. You can also apply for judicial review if the decision breaches your human rights.
All claims for judicial review must be made within 3 months of the date of the decision being challenged. At LUPINS, we have a team of expert lawyers dedicated to pursuing judicial reviews to the highest possible standards, ensuring you have the best possible chance of success.
LUPINS Supporting you all the way
Our lawyers have extensive expertise in this field and can assist you and your family, preparing and submitting your application and providing you with expert legal representation throughout the process.
If your claim is refused and you need to appeal we will ensure that your case is presented at court with the highest standards of legal advice and advocacy from our specialist lawyers and Barristers, so as to ensure you achieve the best possible outcome.
Put simply, our immigration solicitors will hold your hands throughout the process,
liaising with all relevant government bodies, including UK Visas and Immigration,
British Consulate, overseas agents and where necessary the courts.