Tag: Immigration Judicial Review Solicitors

Judicial Review UK Visa Refusal- Visitor, Marriage, Tourist, Family, Business, Spouse, Tier 1 Entrepreneur UK Immigration Judicial Review Solicitors London

Immigration Judicial Review Success Rate | ILR Judicial Review Success

Tier 1 Entrepreneur Visa ILR Judicial Review Success 2018

According to Official Statistics, since Nov 2013, 42,705 Immigration Judicial Review Cases have been determined by (UTIAC). Since a great majority of the cases are settled on ‘paper’ in favour of claimants, therefore, only 8,885 and 679 cases went through Oral or Substantive Hearing, respectively, from 2013/14 to Q3 2017/18. In total 52,269 Judicial Review Applications were determined on paper, oral or substantive hearing.

The immigration judicial review success rate during 2017/18 has remained as high as 29% and 38% for oral and substantive hearing, respectively; whereas, the ratio of case totally without merit has remained as low as 10.03%. As per procedure, unsuccessful cases at the Oral Hearing are requested for Substantive Hearing, therefore, the judicial review success rate after the determination on papers is as high as 32.20%.

UK Visa Appeal Solicitors | Immigration Appeal Success Rate

UK Visa Appeal Solicitors

If a UK Visa Application is refused, then one can either challenge the refusal decision or reapply with the requisite supporting evidence. The Immigration Act 2014 has a significant impact on the right of appeal if an application is refused. The applicant may have no right of appeal or the appeal rights may be limited, therefore, it is advised that applicants may consult with a specialist UK immigration solicitor before making a decision. Depending on the type of application, one can challenge the refusal decision through an immigration appeal, administrative review and judicial review. For details relating to rights of appeal please refer: Rights of Appeal Immigration Act 2014 If UK visa application is refused with no right to appeal then one can opt for Judicial Review, especially for UK immigration 10-year ban.

Judicial Review Procedure Immigration Cases

How Long Does a Judicial Review Take?

This relates to Judicial Review Procedure Immigration Cases and provides the details of the steps involved in filing a judicial review for UK Visa and Immigration Refusals and 10 Year Ban decisions such as visit visa refusal, family visit visa refusal, Tier 1 Entrepreneur Refusals and bans. A judicial review application is made to either the High Court or the Upper Tribunal. It is a remedy of the last resort because it can only be used where there is no adequate alternative available. In terms of Part 54 of Judicial Review and Statutory Review, Civil Procedure Rules, it is essential that a claim must be filed/lodged as soon as possible and in any event, within 3 months of the decision that is being challenged. Since a judicial review consists of a series of steps viz. Pre-action Protocol (PEP), lodging judicial review, Acknowledgement of Service, A Decision “on the papers”, Oral Hearing, Reconsideration Hearing, Negotiations and Settlement, Main Hearing and Appeal, therefore, it usually takes 6-8 months before a final decision is reached.

UK Visit Visa 2018 | How hard is it to get a Standard Visa?

UK Visit Visa 2018 | How Hard is it to Get a UK Visitor Visa?

If an applicant is not able to establish his/her bona-fide in the application then instead of a visa, the passport is returned with a Refusal Letter stating the reasons for refusing the visitor visa application. In more than 80–90% of the visitor visa applications the common reasons relate to establishing income i.e. origination of funds in the bank statement from employment or business, especially large deposits in the bank statements, which do not commensurate with the stated income of an applicant. Moreover, quite a few applications are refused/banned on General Grounds due to past adverse immigration history- over-stayers, deportation, removals- or submitting false documents or making false statements in the application/during the interview. Please note: in case of a BAN, any future applications are automatically refused up-to 10 years. Therefore, if an applicant deems that the BAN is not justified then he/she needs to the challenge the refusal through a Judicial Review, as there is No Right of Appeal even for the Family Visitors since June 25, 2013.

British Citizenship, Naturalisation, Registration Types & Grants

Types of British Naturalization and Registration Grants

According to Official Statistics, during 2004 to 2016, 2,130,570 British Citizenship Grants were made under Naturalisation Based on Residence (1,081,124 Citizenship Grants or 50.74% of Total Citizenship Grants), Naturalisation Based on Marriage (460,053 Grants or 21.59% of Total Grants), Entitlement to Registration as an Adult, (2,025 Grants or 0.10% of Total Grants), Entitlement to Registration as a Child (237,407 Grants or 11.14% of Total Grants) Entitlement to Registration on Other Grounds (70,175 Grants or 3.29% of Total Grants), Entitlement to Registration under Section 5 (2,030 Grants or 0.10% of Total Grants), Discretionary Registration as an Adult, (55 Grants or 0.0026% of Total Grants) Discretionary Registration as a Child (272,859 Grants or 12.81% of Total Grants) and Discretionary Registration on Other Grounds (4,842 Grants or 0.23% of Total Grants).

TOEIC Test Court Decision | In Country Right of Appeal

An In-Country Right of Appeal for Accusers of TOEIC Cheating

It is estimated that approx. 45,000-50,000 migrants were either deported or refused an entry clearance to the UK because of the TOEIC Scam. The main TOEIC Victims, however, are international students, who opted for TOEIC instead of other approved English Language Test so as to fulfil student visa application requirements, especially for Tier 4 Student Visa. And as a consequence of the decision of the Upper Tribunal, which has ruled that the deportation on the basis of TOEIC Scam unlawful, there is an opportunity for the TOEIC Victims to challenge their deportation/refusal decision so as to not only re-enter the UK but may also get compensation for their losses.

Tier 1 Entrepreneur Success Rate 2018 | Rejection Reasons

UK Entrepreneur Visa Success Rate 2008-18

This relates to Tier 1 Entrepreneur Statistics and provides the details of entry clearance, leave to remain, extension and ILR (Settlement) applications from 2008 to June 2018. Accordingly, the post provides the details of the UK Entrepreneur Visa Success Rate, Refusal Rates and Refusal Reasons in the light of immigration statistics and policy development during…

UK Visa Refusal Reasons for Standard, Tourist, Business Visitors

Most Common UK Visa Refusal Reasons for Standard Visitors

Perhaps the first and foremost reason of refusals is the lack of understanding of an applicant to submit a well-documented application as the burden of proof is on the applicant and the decision is always made on the balance of probability. Therefore, if an applicant has not been able to submit an application with sufficient, relevant, clear and substantive evidence, then there is a little scope that an ECO will be able to grant a visitor visa. The aforesaid is applicable for not only those applicants with a limited travel history and means but also holds true for more affluent applicants i.e. applicants having had a rich travel history, frequent visits to the UK, above average income, strong social ties, etc. Visitor Visa is not a right but a privilege and the sole discretion of HM’s Government for which elaborate rules, procedures, practices, and precedents are quite well established, which has fine-tuned and improved over time. Accordingly, an ECO cannot grant a visa solely under the discretionary powers entrusted to him/her by HM’s Government, but the applicant needs to provide sufficient evidence as the burden of proof is on the applicant.

UK Visa Reapply or Appeal: what to do after UK visa refusal?

UK VISA REFUSAL APPEAL OR REAPPLY

UK visa refusal what to do? After receiving a UK Visa Refusal Decision, most of the applicants are not really sure whether to reapply or challenge a UK Visa Refusal Decision. The post: UK Visa Refusal Appeal or Reapply (i.e. When to Reapply or Challenge a UK Visa Refusal Decision?) elaborates on when reapplying is better than challenging a refusal decision and vice versa. Please note: if either no right of appeal or limited right of appeal is stated in the refusal decision then an applicant can file a judicial review against the refusal decision. In the event of a refusal decision, for a UK Visa and Immigration Application, one can take the following actions: Furnish a Reapplication and address the issues highlighted in the rejection letter; When a Legal Challenge against a Refusal Decision is inevitable?

UK Visa Refusals: How to Challenge Decisions?

UK Visa Refusals: How to Challenge Decisions?

If you are being refused a UK Visitor Visa, then you may need to Reapply by submitting a properly Documented Fresh Application with an assistance of a Legal Adviser. However, if the UK Visitor Visa is refused twice or more than 2-3 times then it is better to file a judicial review for challenging the refusal decision. You can appeal against all the appealable refusals relating to entering and remaining in the UK, Removals, Deportation. Judicial Review application against a UK Visa refusal decision is a specialist service for challenging any type of Visa Refusals. So, if your visa application is refused in the recent past (that is within last 3 months) and you may like to challenge the refusal decision, then we can help you in lodging your Administrative Review (AR), Judicial Review application (JR) or Appeal.