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Immigration Judicial Review

At OTS Solicitors our team of highly experienced and recommended London judicial review Solicitors provide the best representation to clients seeking to challenge Government and other Public Authorities by judicial review application to the highest courts in the UK and abroad.

Our solicitors represent clients that include individuals, groups, NGO and Charities who on a will challenge the decisions of the courts, Home Office and Immigration Detention Centres. We can represent our clients before the highest courts in England, Wales and the Europe including:

  • The Court of Appeal
  • The Supreme Court
  • The European Court of Human Rights
  • The Court of Justice of the European Union
  • The High Court in The Royal courts of Justice
  • The Upper Tribunal of The Immigration and asylum Chamber
  • The Special Immigration Appeal Commission (SIAC)

When Can I Make an Application for judicial review?

If it seems that the Home Office, courts or the Immigration Detention Centres have not acted correctly towards you, for example if they refuse your application with no right of appeal, or grant you the wrong leave to remain or maintaining you in detention without following the correct rules, you may be able to make an application to bring a judicial review against them.

Our Solicitors have been challenging the authorities poor decision making for several year, and our experience is made up of Judges, Barristers and Solicitors that are highly renowned for changing the law and seeing that their clients are persistently given the best legal services for judicial review.

Our Service To You:

Our team of London based Solicitors will be able to give you clear and concise advice in relation to the merits, strengths, weaknesses and the grounds of argument that will be used to succeed in your judicial review application. We will give clear advice and explain in detail every aspect of your judicial review application so that you are fully informed and your experience is comfortable in knowing exactly what steps are being taken in your case.

Our solicitors have extensive experience and we are widely respected for our expertise in the Immigration judicial review field. Our Solicitors have attained the best Law Society Quality Mark in England and Wales, as the  Immigration and asylum Accreditation Scheme,  Supervisors and they are accredited Senior Level 2 Immigration Advisors with several years of experience in representing both legal aided and private paying clients in every type of Immigration and asylum judicial review cases.

The judicial review team at OTS Solicitors have the ability to deal with complex legal and factual material, and an aptitude for drafting persuasive legal arguments in house, which enables our solicitors to persistently make successful applications on behalf of our clients while keeping costs and fees low and affordable.

Our judicial review Solicitors will carry out the following in every case:

  1. Advise you on the legal power given to the Government or other Public Authority to make the decision, and assess the purpose of the power
  2. Advise you on any legal cases law that have tested the decision in the past and we will identify the strengths and weaknesses of using those cases to support your judicial review
  3. If the Government Authority should have exercised discretion we will identify all the Government Policies and Guidance and ensure that we get to know the job of the decision maker better than they know it themselves
  4. Advise you on the relevant evidence in your case and assist you to gather as much evidence as possible to disprove any points we expect the Government Authorities to use against you
  5. We will always advise that a Freedom of Information request known as a Subject Access Request is made, unless there is persuasive argument not to or if you instruct us not to
  6. We will always prepare a case that is difficult for the Government Authorities to resist or defend.
  7. We will always act objectively and your best interest will always be our paramount consideration. If there is an alternative application such as a fresh claim with better evidence, then we will advise you of the appropriate course to take
  8. We will advise you on Pre-Action Protocol for judicial review under the courts Procedure Rules
  9. We will draft a detailed and persuasive pre-action protocol letter that comprehensively set out the issues in your case, the remedies / the correct decision that you are requesting the Government to make, and the reason why you are seeking a new decision.
  10. We will seek the best Barrister to provide a specialist opinion in your case if necessary
  11. We will draft Grounds for judicial review and in certain cases a Barrister will be instructed to provide Grounds for Permission addressing all the issues and the desired outcome clearly.
  12. We will draft your judicial review application form and set out all detailed clearly and collate a bundle with relevant evidence in chronological and logical order, well presented and cross referenced to ensure that the Judge is given a detailed and comprehensive bundle to decide you case fairly
  13. We will submit the judicial review application and appropriate fee in advance of the deadline, which is three months from the date of decision you seek to challenge
  14. We will uphold our professional duty of candour to the Court and all parties  throughout the proceedings
  15. We  will keep you fully informed at all times and be committed to provide the best representation of your case throughout the proceedings

Our Solicitors and Key Cases

At OTS Solicitors our impressive team of judicial review Solicitors have represented clients in landmark cases in particular Immigration challenges that have had wide spread positive impact on Immigration laws in the UK. Our team consists of former Immigration Judges, Litigation Specialist Legal 500 Lawyers, and Recommended Legal 500 Immigration Lawyers. Their work has assisted thousands of clients succeed in their judicial review Applications.

For a more detailed discussion regarding your case, or to book an appointment with a member of our Litigation, courts and Tribunals team, please call us now on 0203 959 9123

Your Questions and our answers about Immigration Judicial Review

Thank you for getting in touch with us.

Please call us on 02039 599123 or contact us here to discuss this further.

Thank you for your question. Your case raises certain complex matters which our specialist Immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service for Immigration appeals. Your Tribunal Appeal query has been forwarded to the relevant department and our Immigration appeal lawyers will be in touch with you today to explain how to proceed for the best outcome in your Immigration case.

Thank you for your question. Your case raises certain complex matters which our specialist Immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your British nationality query has been forwarded to the relevant department and our Immigration lawyers will be in touch with you today to explain how to proceed for the best outcome in your Immigration case.

Dear Sirs,Thank you for your question. Your case raises certain complex matters which our specialist Immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your judicial review query has been forwarded to the relevant legal department and our Immigration lawyers will be in touch with you today to explain how to proceed for the best outcome in your Immigration case.

Dear Tom,

Thank you for your question. We set out some information below which may assist you in applying under this visa route.

Individuals living in the UK for twenty years or more (either lawfully or unlawfully), can apply for Leave to Remain on the grounds of private life. After a further ten years residency, he or she can apply for Indefinite Leave to Remain.

The most important distinction between the 20 year route and the 10 year route is that you can apply for Leave to Remain after 20 years even if you have been in the UK illegally.

Eligibility

The law relating to the 20 years long residence route for Indefinite Leave to Remain is contained in paragraph 276ADE of the Immigration Rules. Prior to this paragraph coming into force in 2012, applicants could apply for Leave to Remain after 14 years.

The applicant must meet one of the requirements contained in paragraph 276ADE (iii) to (vi), which state that the applicant;

  1. i. Has lived continuously in the UK for at least 20 years (discounting any period of imprisonment)
  2. ii. Is under the age of 18 years and has lived continuously in the UK for at least seven years (discounting any period of imprisonment)
  3. iii. Is aged 18 years or above and under 25 years and has spent at least half of their life residing continuously in the UK (discounting any period of imprisonment)
  4. iv. Is aged 18 years and above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which they would have to go if required to leave the UK.

The Definition of ‘Ties’

When establishing whether or not an applicant has any ties with the country he or she would have to return to if they left the UK, the UK Border Agency will consider factors such as language, whether the applicant has any family and/or friends in that country, cultural ties etc.

How OTS Solicitors Can Help You With Your Application

Our experienced and highly-qualified solicitors will take the time needed to put together a comprehensive application for Leave to Remain under the 20 year route. You can be assured we will take an approach to your case to ensure it has the best chance of succeeding. We can also answer any questions the Home Office may have regarding your application on your behalf.

When you engage our services you can expect the following standard of service:

  • Based on the information you provide us, detailed advice as to the UK immigrationlaws that apply to your case
  • A clear, concise discussion with an your solicitor, outlining the strengths and weaknesses of your application
  • Advice as to what documentation you will need to provide to support your application
  • Assistance with filling in the relevant application forms
  • Full follow-up with the UK Border Agency if there are any questions or problems with your application
  • Advice on appeals or applications for administrative or judicial review should you application be denied
  • Your Immigration solicitor will prepare strong detailed legal representations setting out the legal framework to support your application

OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.

Our Fees

We can offer a fixed fee service for an Indefinite Leave to Remain Application for 20 years’ residence in some circumstances. We can also offer payment options if required.

To find out more on how we can advise you on your application for IndefiniteLeave to Remain after a twenty year residence in the UK, please phone our office on 0207 936 9960. We would be happy to offer an initial consultation over the phone, or you can make an appointment to see us in our London office.

Anyone detained under Immigration powers has the right to apply for bail. As a first step a Temporary Admission request to the Home Office should be made, as a Chief Immigration Officer of the Home Office does have the power to release a detainee. If this is refused then a bail application will follow. This is done on a specific form B1 that can be obtained online, or if you are in detention from the staff.

A completed form should be sent to the relevant court attaching grounds for bail and supporting evidence. Within three working days you most probably will receive a hearing date.

To better your prospects of success, your application for bail will need to provide a fixed address to reside in and one/two people to act as sureties. These are people who will keep in touch with you and undertake to ensure that you do not break any conditions of release. They will also need to show a certain amount of money by way of covering for potential absconding. While these are not mandatory requirements by law, lack of an address or a surety will significantly weaken chances of success.

Please note, this is not a legal advice. Should you need a legal advice tailored to your circumstances please contact us to speak to one of our Immigration solicitors.

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