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Legal rights to challange refusal on a fresh application?

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HakmedBond
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Posts: 37
Joined: Thu Oct 23, 2014 7:51 pm

Legal rights to challange refusal on a fresh application?

Post by HakmedBond » Thu Jan 22, 2015 2:26 pm

I would like to ask to dear forum members about the rights to challenge an incorrect decision on a fresh application made after a refusal on a previous application.

I understand that after going to tribunal and losing the hearings on an application, if a fresh application on a different category was also refused then the applicant would NOT be given the right to appeal.

If this is the case what rights would one have if the HO has made an error of law on the new application? As I am sure most of you are aware and probably have witnessed it first hand, sometimes human error can occur by the case-worker. I would like to find out what sort of steps can be taken against an unfair in-country decision without the need to leave the U.K. - and of course without any strong grounds to rely on European Convention on Human Rights?


Many thanks

HakmedBond
Newbie
Posts: 37
Joined: Thu Oct 23, 2014 7:51 pm

Re: Legal rights to challange refusal on a fresh application

Post by HakmedBond » Sun Feb 08, 2015 8:15 pm

As it turns out if the refusal decision does not permit appeal, the applicant still has right to follow his legal rights on the path of judicial review.

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
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Re: Legal rights to challange refusal on a fresh application

Post by Obie » Sun Feb 08, 2015 9:38 pm

You need to do application well to prevent refusal as Judicial review is a very expensive and time consuming than even a Statutory Appeal which you have just applied.

You therefore need to ensure that there is no hole in your application.
Smooth seas do not make skilful sailors

HakmedBond
Newbie
Posts: 37
Joined: Thu Oct 23, 2014 7:51 pm

Re: Legal rights to challange refusal on a fresh application

Post by HakmedBond » Sun Feb 08, 2015 11:12 pm

Yes I have also found out that it is both time and money consuming process. However, I am glad that there is an option.

I sent in an application which I believe is perfect as there really wasn't a single bit of area which they might challenge the application on. After the previous events I was perhaps a little too pedantic.

In the end I spent weeks reading the immigration rules and case laws and creating the "unbeatable" (dare I say) application.

Thank you for all your support again Obie. You have been very generous with your time.

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