How is a dispute resolved at the Home Office? | Hudson McKenzie

How is a dispute resolved at the Home Office?

August 13, 2018 | Immigration, Latest Thinking, News

Applicants that have had their immigration status challenged by the Home Office may want to dispute this decision – but how?

All applicants who have their visa application refused retain the right to appeal at a First-Tier Immigration Tribunal within the U.K. By doing so, the refused applicant will be entitled to either an Administrative or Judicial Review, so to assist with their appeal regarding the Home Office’s decision.

So, what exactly is the difference between the two routes?

  • Administrative Review – If the Home Office refuses an application, the applicant in question may not have an ‘in-country right of appeal’. In these circumstances, the applicant is still entitled to take the route of Administrative Review. Within this review, assisting solicitors shall be able to identify any errors made by the Home Office, in which may strengthen the applicants appeal in general.
  • Judicial Review – If there is no alternative remedy for the refused applicant, then assisting solicitors in support of the appeal may suggest that the Home Offices’ decision was unlawful, especially where ‘in-country right’ to immigration appeal is not granted to the applicant. Therefore, when a judicial review is made, it is lodged with the Upper Tribunal. From this, the Upper Tribunal shall then review the Judicial Review Application accordingly, so to determine whether it can be granted or not.

However alternatively, you may wish to send a letter to the Home Office directly regarding your dispute, in which the template for doing so can be found here.

If you would like to discuss this article further or have any general legal enquiries, please contact one of our highly qualified solicitors on 020 3318 5794 or via email at londoninfo@hudsonmckenzie.com