Our team of expert solicitors recently assisted a client (the Claimant) submit a successful Judicial Review claim, which resulted in the Home Office withdrawing their original decision. In our initial consultation with the Claimant, we discovered that he had been a victim of fraud and as a result had his Leave in the UK curtailed with no right to appeal or administrative review. Our Solicitors knew from the onset that this would be a difficult and extraordinary case but were able to successfully assist the Claimant.
The case for a Judicial Review Claim
In our initial consultation, we addressed the issues surrounding the Claimant’s immigration matter. The client was a Tier 2 visa holder that was applying to change his employment on the basis of being offered a higher salary. It was evident from our initial consultation that the Claimant had been a victim of a fraudulent scheme where he was duped into applying for a fictitious job with a genuine company that holds a genuine Tier 2 Sponsor Licence. The Home Office in refusing the Claimant’s application accused the Claimant of deception and curtailed his prior Tier 2 visa with immediate effect. After discussing the matter with our expert solicitors, the Claimant was reassured that our solicitors were confident they could successfully challenge the Home Office’s refusal decision and Notice of Curtailment by making a Judicial Review claim.
How we can assist submit a successful Judicial Review Claim
In this particular case, our solicitors drafted numerous pre-action correspondences with the Home Office, which, whilst necessary, proved to be unfruitful. It was clear there was a breach of the Claimant’s Article 6 ECHR rights as the Claimant had not been given a fair opportunity to respond to the accusations made. Due to a Judicial Review claim becoming limitation barred, the Claimant had no choice but to resort to issuing Judicial Review proceedings to seek the remedy that was being sought and unreasonably denied. In response to the Judicial Review proceedings, the Home Office withdrew their unlawful and unreasonable decisions and agreed to reconsider the Claimant’s case for leave to remain in the UK.
Our team of solicitors and barristers prepared strong Judicial Review grounds challenging the Home Office’s decision as well as preparing a detailed, structured, indexed and paginated bundle of documents which were relied upon in support of the Judicial Review claim and also drafted a comprehensive and strong witness statement in support of the Claimant’s Judicial Review Claim. These were the key ingredients towards the success of the Claimant’s Judicial Review Claim as the barrister representing the Claimant was well-prepared to argue the Claimant’s case.
Our solicitors and barristers successfully guided the Claimant through the Judicial Review Claim process ensuring the Claimant was kept up to date with the progress. In addition to this, we also assisted the Claimant to gather essential documentary evidence, providing multiple substantial reviews.
This was regarded as a pyrrhic victory as the Claimant had incurred substantial legal costs to achieve this positive result. However, from the client’s perspective, issuing Judicial Review proceedings was the only course of action that could have achieved this result as the Home Office were largely uncooperative prior to Judicial Review proceedings being issued.
Using Legal Representation to make a Judicial Review Claim
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 make a Judicial Review claim.
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. A Judicial Review claim is a complex process and a legal representative can help ensure that your application meets the Immigration Rules and requirements.
Advice from UK Immigration Solicitors on submitting a successful Judicial Review Claim
Our team of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Judicial Review claim. We can assist you with the preparation of your appeal and ensure that you have the best chance of success.
If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation.
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. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
If you need professional legal advice about submitting a successful Judicial Review Claim please contact us for a case assessment on 02071830570. You can also reach us via our contact form.