Appeals, Administration And Judicial Reviews
Recent changes to UK Immigration Laws have thrown the issue of Appeals into sharp focus and it is safe to say that with the removal of Appeal rights for many types of Applications it has become even more important that Applications are properly and professionally prepared to maximise the initial chance of success.
However, should you have an application refused or have another Immigration related matter requiring Legal action, Five Star has a proven track record from the First Tier Tribunal through to the Court of Session in Edinburgh and has dealt with Appeals and Judicial Reviews for both Individuals and Businesses.
In Scotland the Appeals process with regards to refused Applications takes the following route.
An initial Appeal is heard at the First Tier Tribunal in Glasgow and should that be unsuccessful, a further appeal may be submitted on a point of law to the Upper Tier Tribunal, also in Glasgow. Should that also be unsuccessful, the only option left is Judicial Review proceedings and these are heard at the Court of Session in Edinburgh, Scotland’s highest Court.
With regards to Administrative Review, essentially this is the preparation and submission of grounds in writing asking for an Immigration decision to be reviewed and for the initial decision to be overturned. The review is normally carried out by a different Caseworker or Manager from the Office or Department which issued the refusal and the decision will either be upheld or amended. In the case of Entry Clearance refusals which do have a right of Appeal, the Administrative review is followed by an Appeal at the First Tier Tribunal etc.
The option of Judicial Review, requires the Instruction of an Advocate and is generally considered only after the Appeals process has been exhausted, however it can be considered an option to Administrative Review in the sense that it is decided in a Court rather than by the Department which issued the original refusal.
If you have received a refusal, the first thing you should do is contact Five Star immediately as there is normally a fairly short period allowed for any Appeal or Review to be submitted. Good advice is essential at this point to protect your position.
Please feel free to contact us if you would like assistance.