If you have received an unfavourable immigration decision that you believe to be unlawful, don’t panic! There are some things you can do to contest the decision and hopefully get it overturned.
This article will discuss the actions you require to abide by if you want to dispute an unfavourable immigration ruling. We will also cover some of the most typical causes why decisions are ruled unlawful.
Table of Contents
When Can We Call Immigration Decision Unlawful?
There are many reasons why an immigration decision may be ruled unlawful. Some of the most common include:
- The Home Office has made a mistake in their assessment
- The person has been treated unfairly or discriminatorily
- The individual does meet the prerequisites for the visa they have applied for
If you feel that your decision was unfair or wrong, it is vital to seek legal advice as soon as possible. The sooner you start challenging the ruling, the better your chances of having it overturned.
What To Do If You Receive an Unlawful Decision?
If you have received notification that your immigration decision has been ruled unlawful, there are a few steps you need to take:
Contact a qualified immigration lawyer
An immigration lawyer will be able to assist you to comprehend your privileges and directing you through the procedure of contesting the decision. They will also be able to deliver backing and direction throughout the expedition. Moreover, a lawyer will be in the best position to represent your case and increase your chances of success.
Submit an application for Judicial Review
If you have grounds to believe that your decision was unlawful, you can apply for a Judicial Review. In the immigration judicial review process, a judge reviews the decision made by the Home Office to determine whether it was fair and correct.
The deadline for submitting an application for Judicial Review is usually within three months of receiving the original decision. However, it is best to seek legal advice as soon as feasible to detour skipping out on this opportunity.
Apply for Administrative Review
If you do not want to go through the process of Judicial Review, or if you do not meet the eligibility criteria, you can apply for an Administrative Review. This is a process where an immigration officer reviews the original decision and makes a new recommendation.
You can apply for an Administrative Review if:
- You have new evidence to support your case
- The Home Office has made a mistake in their assessment
- You have been treated unfairly or discriminatorily
Again, it is best to seek legal advice so you can get help with submitting your application.
Start Preparing Your Case!
It is important to begin organising your case as momentarily as attainable. The more proof you have to sustain your assertion, the finer your chances will be of success. Gather all relevant documents, letters, and statements from friends and family members. You may also require to consider obtaining a medical report or statement from a doctor.
Remember, the sooner you start preparing your case, the better your chances will be of overturning an unlawful decision!
Can Home Office appeal against the immigration judge decision?
Both the Home Office and the person who has received the negative immigration decision can appeal against a judge’s ruling. However, the appealing person does not have to be in the country at the time of the appeal – they can be living anywhere in the world.
The Home Office will usually only appeal if they believe that the immigration judge made an error. For example, if they feel that the judge did not take into account necessary evidence or made a misstep in their appraisal.
FAQs
Can you contest deportation?
Yes, you can contest a deportation order. However, it is vital to pursue legal guidance as earlier as possible as the procedure can be complex. You may have grounds to appeal if you believe that your removal from the UK is unfair or wrong.
How long does it require for an immigration appeal to be heard?
The length of the duration it requires for an immigration appeal to be heard can vary depending on the case. However, in most cases, it will take around six months for a conclusion to be made.
Conclusion
As we have seen, there are several potential courses of action that an individual may take in the event of an unfavourable immigration decision. It is important to remember that no one should feel alone when facing such a situation, and seeking legal assistance is always advisable. We hope that this article has been helpful and provides a basic understanding of the appeals process in the UK.
