Our client, a Tier 1 (Entrepreneur) Migrant, approached us when his application for further leave to remain in the UK was refused with no right of appeal. The Applicant entered the United Kingdom as a Tier 4 (General) Student Migrant and was granted Leave to Remain in the UK as a Tier 1 (Highly Skilled Post Study) Migrant. The Applicant was later granted a Tier 1 (Highly Skilled Entrepreneur) visa, after a successful application.
Our client’s application for further leave to remain in the UK as a Tier 1 (Entrepreneur) Migrant was refused. His previous legal representatives initiated judicial review proceedings in the Upper Tribunal however these were concluded unsuccessfully.
Our client submitted a fresh application and this was refused, for the reason that he had no lawful residence in the UK at the time the application was made.
Our Head of Immigration Department, Ms. Patricia assessed that prospects of success in initiating judicial review exceeded 50%, although it was an uphill struggle to show that the decision, which had been considered by the Upper Tribunal and no error in law had been found, contained historic injustice.
We demonstrated successfully the historic injustice suffered by our client in his previous immigration application which resulted in a refusal of his fresh application. Despite meeting the criteria for a grant of further leave to remain, our client had been refused further leave to remain in the UK, because of a failure to provide the documents in compliance with the specified evidential requirements. The judicial review proceedings were concluded successfully with a Consent Order signed by the parties that the decision/s in our client’s case were to be reversed and the matter reconsidered.
Judicial review (JR) is the process during which judges examine the decisions of public bodies and consider whether the law has been correctly followed.
It is important to stress that JR is not a re-run on the merits of the decision – judges confine themselves to considering whether the decision being challenged was lawful, and complies with the principles of public law. The potential grounds for JR are limited.
If a JR claim is successful the usual result is that the decision is “quashed” or nullified and has to be taken again. While this means that the public body can take exactly the same decision again, the SSHD subsequently granted our client’s leave to remain in the UK as a Tier 1 (Entrepreneur) Migrant.
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