Judicial Review for ILR Refusal Due to Tax Issues Under Para 322 (5)
Many ILR (Indefinite Leave to Remain / Settlement) applications have been refused due to Tax amendments under paragraph 322 (5). Being branded as a person with undesirable character and threat to national security comes as a tremendous shock to some people who have obeyed the law their entire lives. If you are facing a refusal on these grounds, please note that you are not alone and our team of expert immigration lawyers can assist you.
UK Visas and Immigration (UKVI) has issued these types of refusals in numbers. In most cases, individuals and families completed their applications in good faith, believing the information they submitted was accurate. But under paragraph 322(2) and/or 322(5) of the Immigration Rules, errors in the application are deemed to be attempts of deception and therefore potential grounds for immediate refusal.
Challenging ILR refusals due to tax amendments is one of our specialist areas. Our lawyers are experienced and have helped innocent applicants bringing successful Judicial Review results for 322 (5) cases.
What is a Judicial Review for ILR Refusal?
Judicial Review is the process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. Even if a refusal letter states that there is no option for appeal, there’s still an avenue for applicants who are denied ILR. Judicial Review is the legal process for challenging a public body’s decision – in this case, challenging UK Visas and Immigration’s (UKVI’s) decision to refuse ILR to a qualified applicant.
As we are regulated by the SRA, our legal team can submit an application for permission to apply for Judicial Review. Our experienced lawyers will review your situation and determine if it qualifies under the strict Judicial Review requirements.
It can be worth pursuing Judicial Review if you have strong case as it may not only lead to ILR status but often also results in UKVI paying costs to the applicant, in the event if your Judicial Review application is successful.
What is Involved in the Judicial Review Process for ILR Refusal?
A Judicial Review is only conducted in cases where UKVI has acted outside lawful procedures.
There is only a three-month window in which a Judicial Review can be initiated against a UK Visas and Immigration (UKVI) decision. If you have received an ILR refusal citing deception, you can contact our offices for honest advice on your particular situation. It is advisable to work with a solicitor with a strong track record of successfully challenging decisions via Judicial Review. This is because failure to win the case can result in you paying UKVI’s costs as well as your own. By instructing our team, you can be confident that we will only progress with a Judicial Review challenge if we believe you have an arguable case.
Judicial Review is a remedy of last resort. All other avenues for challenging UKVI’s refusal of your ILR application must be explored first. Therefore, we will write to the Home Office and attempt to negotiate in the first instance. This part of the process is known as the Pre-Action Protocol stage, and it is designed to encourage parties to settle prior to a formal Judicial Review application being made.
Should this strategy prove unsuccessful, we will make a formal application for Judicial Review on your behalf. It is important to note UKVI may choose to negotiate at any point up until the hearing. Using our experience in managing these types of matters, we try our best to resolve matters at this stage so our client does not need to go court. In most cases, UKVI agrees to review their decision or approve the ILR application prior to the court date. This means we save our clients time, money, and the stress of formal litigation.
Why Choose A Y & J Solicitors for ILR Refusal Judicial Review?
A Y & J Solicitors are well-versed in the Judicial Review process. We work with clients throughout the entire ILR application process. By doing this, if it appears there may be a reason for UKVI to deny the submission on the grounds of deception, we can provide a Legal Representation with your application, explaining the situation.
Our team takes pride in our long-standing reputation for excellent client service and providing quality legal advice. Through independent reviews and constant client recommendations, we have proven that our clients can trust us to achieve results. We are proud to operate to the highest standards, providing exceptional client care to all who requires assistance with their immigration matter.
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