Your Guide to Legal Remedies
When faced with a legal issue in UK immigration law, understanding the various remedies available is essential. These remedies offer different ways to resolve disputes or challenge decisions. The main types include:
- Administrative reviews;
- Appeals;
- Requests for review/resubmission; and
- Judicial Reviews.
Each serves a distinct purpose and can be crucial in ensuring fair outcomes.
This is the first in a series of five articles. In this introductory article, I’ll provide an overview of the main types of legal remedies. Subsequent articles will delve deeper into each remedy, offering detailed insights and guidance.
Types of Legal Remedies
Legal remedies offer several avenues you can explore. Here’s a brief overview:
Administrative Reviews
Administrative reviews allow you to challenge a decision made by the Home Office in UK immigration law. If you believe a decision was incorrect or unfair, in certain circumstances, you can request an Administrative Review. The UKVI will check the original decision for caseworking errors based on the evidence and documentation already submitted; no new evidence is allowed. This process is available to those who do not have a right to appeal.
When It Is Appropriate
An administrative review is suitable when you think a decision was made based on incorrect information or procedural errors. It’s the first step before considering more formal actions like appeals.
Deadlines
- In the UK: You usually have 14 days to request an administrative review after receiving the decision.
- Outside the UK: You have 28 days to request an administrative review if you are outside the UK.
- For those detained: The deadline is typically 7 days from the date of the decision.
Costs
- In the UK: The fee for requesting an administrative review is £80.
- Outside the UK: The fee for requesting an administrative review is £80.
- For those detained: The fee for requesting an administrative review is £80.
Where to Apply
Applications for administrative reviews are submitted to UK Visas and Immigration (UKVI) through the online portal provided on the UK government’s visa and immigration service website.
Appeals
When It Is Appropriate
Appeal rights are a cornerstone of the legal system, allowing individuals and organisations the opportunity to challenge decisions they believe are incorrect or unjust.
It is appropriate to exercise appeal rights when there is a belief that a decision has been made in error, whether due to a misinterpretation of the law, procedural unfairness, or factual inaccuracies. For instance, in the context of immigration and asylum cases, an individual might appeal a decision if they believe their application for asylum was unjustly denied.
The appropriateness of an appeal also depends on the specific grounds available under the relevant law, such as human rights violations or the need for administrative review.
Deadlines
In the UK: you have 14 days to appeal from the date the decision was sent. If you apply after the deadline, you must explain why – the tribunal will decide if it can still hear your appeal.
You can appeal later if your administrative review was unsuccessful for an EU Settlement Scheme, frontier worker or S2 healthcare visitor application. Your administrative review decision will tell you how to appeal.
Outside the UK: You have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.
If you apply after the deadline, you must explain why – the tribunal will decide if it can still hear your appeal.
As with in-country appeals, you can appeal later if your administrative review was unsuccessful for a EU Settlement Scheme, frontier worker or S2 healthcare visitor application. Your administrative review decision will tell you how to appeal.
Costs
It costs:
- £80 without a hearing
- £140 with a hearing
- You may not have to pay if you get legal aid.
Where to Apply
If you’re a solicitor or an immigration adviser:
For most cases, you will need to appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.
You can only appeal using a paper form if your client is in detention.
If you’re appealing for yourself, you’ll need to use the online service to:
- submit an appeal
- add documents in support of your application
- ask for a hearing
- get a decision on your appeal
Requests for Review/Resubmission
Requests for review or resubmission will allow you to seek reconsideration of your applications or submissions, sometimes with new evidence or circumstances arise.
When It Is Appropriate
A request for review or resubmission is suitable when you believe that your application was unfairly rejected or if you have new evidence that was not previously available.
This remedy is particularly useful in cases where procedural errors may have occurred, or where there has been a misunderstanding or misinterpretation of the information initially provided.
It is a way to rectify issues without immediately resorting to more formal legal challenges.
Deadlines
Generally, you should submit your requests as soon as possible after receiving the initial decision.
Costs
There is no formal fee for submitting a request to UK Visas and Immigration (UKVI). This makes it an accessible option for individuals who wish to have their applications reconsidered without incurring additional expenses.
However, if you seek legal advice or assistance to prepare your request, there may be associated costs. Legal aid might be available for eligible individuals, which can help cover these expenses and ensure that your request is properly presented.
Where to Apply
Applications for review or resubmission should be directed to the decision-maker responsible for the initial decision. This typically involves submitting your request to the specific department or officer within UK Visas and Immigration (UKVI) who handled your original application.
It’s crucial to address the submission accurately to facilitate a thorough reconsideration of your case.
Effectiveness and Legal Implications
Requests for review or resubmission often fail to achieve the desired outcome, and decision-makers may completely ignore them.
More critically, submitting such a request does not extend the protection of section 3C or paragraph 39E of the Immigration Rules.
Section 3C protects an individual’s immigration status by extending their current leave while an application or appeal is pending, preventing them from becoming an overstayer.
Paragraph 39E provides a grace period for overstayers to apply for a new visa without being automatically refused. By relying solely on a request for review or resubmission, you risk losing these protections and could inadvertently become an overstayer, affecting your ability to remain in the UK legally.
Judicial Reviews
Judicial Review is a legal process by which a court reviews the lawfulness of a decision or action made by a public body, such as UK Visas and Immigration (UKVI). It is a powerful tool for challenging decisions where other remedies are not available or have been exhausted.
When It Is Appropriate
A Judicial Review is appropriate when you have exhausted all other appeal or review options, or no alternative remedy exists.
It is suitable for challenging decisions on the grounds that they are unlawful, irrational, or rocedurally unfair. For example, if you believe that the Home Office has acted beyond its legal powers or failed to follow proper procedures, a judicial review may be the correct course of action.
Deadlines
You’ll need file a claim for judicial review promptly and, in any event, within three months of the date of the decision you wish to challenge.
If the matter is urgent, such as cases involving removal or deportation, you may need to act more quickly, often within a matter of days.
Costs
Applying for a Judicial Review involves several stages, each with its own fees.
The initial application (UTIAC1) costs £169.
If the court grants permission for a full hearing, you will need to pay an additional fee of £847.
Where to Apply
You to to submit applications for Judicial Review to the Upper Tribunal (Immigration and Asylum Chamber) or the High Court, depending on the nature of the case. The process involves filing a claim form, along with supporting documents, and serving these on the relevant parties.