Success Story: Home Office withdraw refusal of leave to remain decision and cancel First Tier Tribunal hearing

We received some wonderful news on the day of our client’s (“the Applicant”) hearing at the First Tier Tribunal that the Home Office had decided to withdraw its original decision, to refuse the Applicant’s visa application for leave to remain as a parent of a British child. It is not a common practice for the Home Office to concede defeat a day before a substantive hearing. However, this particular case shows that it is possible to request the Home Office to withdraw a negative decision before the substantive hearing if there is strong case prepared by the legal representative. This was not the first time the Home Office had withdrawn a negative decision in relation to one of our clients’ visa application. 

The background behind the Home Office decision to accept defeat

The Applicant was a US national who had a British daughter in the United Kingdom with her ex-husband. Following the Applicant’s divorce with her ex-husband, it was agreed that their daughter would settle with her father in the United Kingdom. Over the next few years, the Applicant frequently visited the United Kingdom as non-visa national to spend time with her daughter. It was clear the Applicant had an active involvement in her daughter’s life. During a recent visit, the Applicant was stopped by the UK Border Force Agency at a London airport and she was informed that she may have issues re-entering the United Kingdom in the future as she should apply for a visa to the Home Office if she wished to spend time with her daughter in the United Kingdom. The Applicant was put on Temporary Admission (which has now been replaced with Immigration Bail) and was asked to report to a detention centre every fortnight.

The Applicant obtained legal advice from her former representatives and she was advised that she should apply for a Human Rights visa within the United Kingdom. The Applicant applied but unfortunately, her Human Rights application was refused on the basis that she did not have permission to make an application from the within the United Kingdom.  The Home Office argued that there was an entry clearance application she could have relied on (parent of a British child) from the USA. The Applicant booked a consultation with our immigration team and she informed of her aims and objectives. The Applicant did not want to apply from abroad as this would mean she would have to leave her daughter.

After speaking with our Immigration Team the Applicant had instructed us to appeal the refusal decision to the First Tier Tribunal.

How to prepare for a substantive hearing against the Home Office

Our Immigration Team has a good working relationship with best Immigration Barristers to ensure that our clients have the best chance of success on their Immigration matter.

The first step in submitting an appeal to the First Tier Tribunal is reviewing a Home Office decision and identifying the errors made by the Home Office.  Following this, our Immigration Team prepared strong Grounds of Appeal.  The Grounds of Appeal is a legal document in which the legal framework is outlined. It is also a good opportunity to outline the errors so that the Tribunal is made aware of the reasons for the appeal. Once an appeal is submitted to the First Tier Tribunal the Tribunal will issue a Notice of Hearing allocating a date for the substantive hearing.  A hearing date is usually allocated 3 or 4 months from the date the appeal was submitted. However, we have recently seen hearings issued with a few weeks so it is always best to be prepared.

Once a hearing date was set our Immigration Team stepped up their preparation for the appeal. A comprehensive review of the Respondent’s (Home Office) bundle was conducted. Following this, we prepared a strong bundle which consisted of two detailed Witness Statements. The key to this appeal was gathering important evidence and the drafting of strong Witness Statements. Once the appeal bundle was prepared it was served to the Home Office.

On the day of the hearing, we were informed by the Tribunal that the Home Office had withdrawn their initial refusal decision and that the Home Office would be granting the Applicant to leave in the United Kingdom.  It was clear all the hard work had paid off as the Home Office accepted defeat before the hearing. The Applicant was delighted with the outcome as she could not spend time with her daughter in the UK without having to worry about the Home Office or signing on appointments.

Using Legal Representation to request the Home Office to reverse their decision

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit strong evidence to the Home Office and to make a formal request for reconsideration, Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application has the greatest chance of success.

Successfully request the Home Office to reverse their decision

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your application.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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