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 refsue 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 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 matter 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 highest standards, providing exceptional client care to all who requires assistance with their immigration matter.
When deciding on a Judicial Review matter, the courts are concerned with how the decision was made, rather than the rights or wrongs of the decision itself. Therefore, the court is unable to substitute its decision for the decision made by UKVI. The remedies available include:
- a quashing order – renders the original decision made by UKVI ineffective
- a prohibiting order – prevents UKVI from doing something
- a mandatory order – this requires UKVI to do something, i.e. review the original decision
- in specified circumstances, a declaration or an injunction, or an award of damages
Our lawyers will explain how these remedies can assist you, and how to obtain the best remedy to suit your particular matter.
There is no statutory requirement to comply with the Pre-Action Protocol in Judicial Review cases. However, a failure to comply with the pre-action protocol by either party may result in sanctions (i.e. costs implications) or a stay of proceedings, particularly where the court considers there was no good reason for departing from the protocol and where such departure has had an impact on the other party. Therefore, choose right lawyer for Judicial Review.
We are committed to complying with the Pre-Action Protocol to ensure the best results for our clients and to pursue every opportunity to achieve an early settlement.
Success Story on Judicial Review for ILR Refusal Due to Tax Issues
Successful Judicial Review after ILR Refusal Following Allegation of Deception Under Paragraph 322 (5)
A NON-EEA national (Ms C) arrived in the United Kingdom in November 2009 with leave to enter as a Tier 4 (General) student valid until January 2010. In 2011 she applied for leave to remain as a Tier 1 (General) Migrant and this was granted until July 2013. In June 2016 Ms C was granted…
A Y & J Solicitors’ Review
My family and I cannot thank enough to the team at A Y & J Solicitors who has put all their hard work and care into our settlement application. As a Tier 1 (General) Migrant, I was also affected by HMRC tax amendments prior submitting my settlement application. I approached A Y & J Solicitors, following a referral from my friend who encouraged me stating A Y & J Solicitors would be the best in securing my settlement. I have chosen to submit my settlement application at the Premium Service Centre, and on the same day, I was informed of my application retained for further inquiries. I was given a questionnaire to complete and a deadline to file additional documents with regards to my tax amendments of previous financial years while on Tier 1 (General). Yash and Diana assisted me with the completion of the questionnaire and prepared an additional set of legal representations without leaving room for the HOME OFFICE to refuse my application. Last week, I was overjoyed to be informed that our settlement (me and my familyÕs) application was approved, despite tax amendments. Amazing, talented, hard-working team. I am super happy.
If you are reading this review then you must need legal support like we did a year ago and you are confused don’t know who to trust or who to select as this side of life was completely unknown to you!! So please read our story as it might guide you to the right direction. We had an ILR rejection back in Aug,2016 and it was one of the nasty allegation which is hard to get rid off. We were in tears, needed legal support and we didn’t know any solicitors. So based on reviews we selected A Y & J solicitors to pursue our AR and then Judicial Review. I still remember the day of our refusal I left an enquiry on their webpage and the next day Diana called me and spent over 45 minutes to take our case history and booked us to see Yash. At that point she won my heart as by then we already experienced that most solicitors don’t even spend a minute over the phone unless and until you pay any consultation fee. Yash was very open and honest. He showed us the true picture and let us decide to pursue JR or not! So finally from JR submission until we received the outcome it took about a year. Throughout these time at every stage they kept us well informed at all times. Waleed took over our case half way through. He is a very genuine and efficient person. We never ever had to remind him about anything as he was always ahead of the game. We have gone through an awful journey where sometimes we felt to give up but the team helped us to gain our trust back. Team members are very knowledgeable, caring, trustworthy and friendly. Throughout the time there was excellent communication, they kept us informed as soon as they had an update. The best part was they knew our case in details and never missed a single point. I have seen many people during our JR journey who had a bad experience from their solicitor and kept on complaining about them. Honestly speaking We can’t think of a single moment where they didn’t meet our expectations! Thank you guys for everything you did for us. You probably won’t have any idea how grateful we are to you. Keep up the good work. Wish you all the best. We will definitely refer them to people who need legal support. We were truly touched by your service. P.S. You can trust them closing your eyes!!!!
I highly recommend AY & J Solictiors for specially to those who have complications in their immigration case, i.e. company tax that could be for yourself, or family. I would like to THANKS Yash Dubal and Diana Todirica for looking after my case. The whole team is very reliable, honesty and friendly efficient work. They make the whole immigration process looks so easy. In my case, I had complications with my company tax. AY & J Solictiors closely worked with my Accountant, considered and used each and every details to make my case strong enough to avoid any doubts. Lastly I would like to thanks again to the whole team. Great Work!! I highly recommend A Y & J Solicitors with out any hesitation. Regards, Hardeep