Client Care & Services
We are regulated by the Solicitors Regulation Authority, and abide by their Code of Conduct and Client Care Charter. We take client care very seriously, and welcome feedback. Many of our clients are very satisfied with our service and come back to us if new problems arise; we see every new client as a potential client for life and hope that you will be satisfied with our service. We are dedicated to providing the best possible service to all our clients.
Our Services
Our services cover all aspects of British immigration & nationality law
Professional Advice
As one of the UK’s most active firms in the practice of Immigration and Nationality Law, we have a deep and up to date knowledge of the way this law is implemented.
This allows us to provide clients with accurate legal advice with confidence.
Immigration Appeals
Under section 84 of the Nationality, Immigration & Asylum Act 2002, an appeal under section 82(1) of that act may be brought against a decision on any one or more of the grounds below: the decision is:
- not in accordance with the Immigration Rules,
- unlawful under section 29 of the Equality Act 2010 which says a public authority cannot discriminate against a person in relation to race as defined by section 9(1) of that act,
- unlawful under section 6 of the Human Rights Act 1998 which says a public authority must not contravene (go against) its obligations under the European Convention on Human Rights o otherwise not in accordance with the law (for example it did not follow a published policy),
- the appellant is a European Economic Area (EEA) national or a member of the family of an EEA national and the decision breaches the appellant’s rights under the community treaties in respect of entry to or residence in the UK,
- the person taking the decision should have exercised differently a discretion conferred (given) by Immigration Rules,
- removal of the appellant from the UK as a result of the immigration decision would breach the UK’s obligations under the 1951 Refugee Convention or would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with the appellant’s convention rights
Under section 86 of the Nationality, Immigration and Asylum Act 2002 (the 2002 act), the tribunal must determine (reach a decision) on any matter raised as a ground of appeal and any matter that section 85 of the 2002 act requires it to consider. If the tribunal fails to do so it can be an error of law and form the basis of an application for an onward appeal. The tribunal must allow an appeal if either: the Home Office decision was not in line with the law (including the Immigration Rules) discretion within the rules should have been exercised differently (a refusal to depart from the rules does not count as an exercise of discretion in this context) In all other circumstances, the tribunal must dismiss the appeal.
Judicial Review
A judicial review is a type of legal challenge where an individual asks the High Court or Upper Tribunal to review the lawfulness of a decision, action or failure to act of a public body or government department. It can also be used to challenge secondary legislation, the immigration rules or policy, or the compatibility of an act of Parliament with the Convention rights under the ECHR. It can only be used where there is no avenue of appeal or where all avenues of appeal have been exhausted. It is different from a statutory appeal because the court should not normally substitute what it thinks is the 'correct' decision, it will only decide if the decision made was lawful.
Judicial review (JR) is not a statutory right of appeal and JR applications are only likely to proceed when all possible avenues of appeal are exhausted, or no right of appeal exists. Judicial review is not part of the appeals system and the fact that an applicant may seek a judicial review does not affect whether or not an appeal is pending.