Challenging Home Office decisions

It can be upsetting to receive a refusal decision from the Home Office - we can quickly advise on your appeal, and assess whether litigation or a fresh application is the best way to achieve your goals.

How can Shepherd and Wedderburn help? 

Our team are expert immigration litigators. In refusal letters, wording can be confusing and it may feel like the Home Office is deliberately obfuscating the reasons for refusal. It can be deeply upsetting receiving one of these letters, particularly where it is unclear exactly where your application went wrong. If you have received a refusal letter, our team can review it with you to help you understand the reasons and advise you on your options. 

Many refusal letters carry a right of appeal to the immigration tribunal, which is a specialist immigration court. While it can be tempting to take your case to court, sometimes the costs and delays associated with this outweigh the potential benefits. In many cases, making a new application is actually a better solution than trying to fight your case in court. In some instances, where there has been a clear decision-making error, a reconsideration request can be made directly to the Home Office.

If your decision does not have a right of appeal, there may still be alternative options open to you to challenge an unlawful decision. Some decisions have a right to seek “administrative review”. This is a process where you pay the Home Office a fee and a senior decision-maker will review your decision to assess if there is a reason to overturn it. Other decisions that do not carry a right of appeal to the immigration tribunal or a right to administrative review can still potentially be challenged by a legal process called judicial review. Judicial review takes place at the higher courts and is generally a remedy of last resort. 

 

Our team of experts 

Our team is skilled and experienced in dealing with Home Office decisions and can quickly assess your prospects of success at an appeal. We will advise you on timescales and we can help you decide what the best strategy is for you, based on you and your family’s particular circumstances.

We recognise when it is important to litigate and when it is important to walk away. We will ensure you receive pragmatic advice on your options.

To arrange a fixed-fee consultation to discuss a visa refusal, email John Vassiliou at john.vassiliou@shepwedd.com today with a copy of your refusal letter, or fill in the webform below.

 

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