We are often instructed when a client receives an adverse decision from the Home Office.
The routes available to challenge decisions depend upon the specific application that was made, the reason for the refusal and what remedy is available to challenge an adverse decision.
Administrative review
In some cases, the first step to formally challenge a decision is by way of a process known as administrative review. Where a right of administrative review has been granted, this option is usually appropriate where the Home Office has made a case working error.
An administrative review may take many months to be considered.
Appeal
Where administrative review is not an option, an individual may be able to appeal a decision to the First-tier Tribunal. This is only possible where you have been granted a right of appeal by the Home Office. The right of appeal is now predominately reserved for cases involving Human Rights. An appeal will go to a hearing before an immigration judge and witnesses, further evidence and experts can be adduced to support the application.
Judicial review
Where appeal is not an option, has been unsuccessful, or all other appeal processes have been exhausted, in certain circumstances an applicant may apply for judicial review.
Typically, in immigration cases, judicial review decisions are usually made on one of the following grounds – illegality, procedural unfairness, irrationality or that the decision was contrary to human rights.
Timely advice in respect of each of the above options is essential in order to preserve an applicant's right to challenge any decision, and hence clients are advised to seek advice at the earliest opportunity.