Asylum and Immigration Tribunal
If you have been refused a visa or permission to stay by the UKVI you will need to know what remedy you may have, and what the chances of success may be.
A refusal of permission to remain by the UKVI will trigger a right of appeal to the Immigration Tribunal in only certain specific instances. These tend to be where the decision is a breach of a person's rights under the European Convention of Human Rights, the Geneva Convention for the Protection of Refugees, or rights that have accrued under European Union Law. It is vitally important that any information that is relevant to either of these claims are clearly set out at the stage of application so that the Home Office recognize that you have an appeal right. If a right of appeal arises, then it is vital for the appeal to be lodged within the time limits set out, and the reasons for challenging the decision to be clearly stated.
The Immigration Tribunal is divided between two tiers. The first tier, is a Tribunal of fact. Although the lowest of all judicial tiers, it is the most important, as it is at this level , that the Judge decides what is true and what is not true. All superior courts are confined to settling questions of law. They are limited to identifying whether on the evidence given before the first Judge , he was fair or unfair in the way how he reached his conclusions.
It is of the utmost importance that all evidence in support of your case is submitted for the first appeal. As many appeals rely upon a dispute of fact, an assessment as to the likely chances of success on appeal will depend upon providing the evidence to support your version of events.
- Advise clearly on the specific strengths and weaknesses of the case
- Take time to elicit your version of events
- Set out clearly, and pursue vigorously, the proof required to substantiate your case
- Keep in continued dialogue as the matter progresses to a full hearing
- Prepare the bundle of evidence, witness statements and legal arguments for your appeal
- Represent you at the Appeal Hearing.
Dominic Magne, who has been presenting appeals since 1997, will have conduct of your case from the first instruction until the appeal is fully determined. This means that your case will be prepared for trial from day one.
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