Those decisions by the Home Office, which do not give a right of appeal, may be subject to a Judicial Review.
An applicant will need to obtain permission from the Upper Tribunal ( Immigration and Asylum Chamber ) for an application for Judicial Review to be heard. The process is long, and frequently the matter is settled before it proceeds to a full hearing. The losing party is liable to meet the legal costs of the other side.
In considering whether to overturn a decision by the Home Office, the Upper Tribunal would have regard to whether the decision was achieved fairly, and would be reluctant to intervene in any disputes of fact which may arise.
In essence the challenge is a review of all the information that went into a decision made on an application, to assess whether the conclusion reached was reasonable. So a decision to remove a family with children, may be reasonable, if no evidence was submitted about the children’s assimilation to the UKVI. That same decision may be unreasonable, if at the time of application a detailed social workers report commenting on the children’s circumstances has been ignored.
Dominic Magne of MAGNE & CO , has full rights of audience, and has appeared in the Upper Tribunal, High Court and the Court of Appeal. From the outset you would be given a realistic prospect of your success by an experienced advocate who has direct knowledge of the Courts.
Case Study - Stay of removal