Duncan Lewis has its own team of in-house advocates who specialise in representation at Immigration Tribunal Hearings. The department assists and advises on every decision to refuse an application that is made by the Home Office or decisions to refuse entry made by British overseas missions. It may be that you require advice on whether or not the best option for you is in fact to appeal a decision or to make an application with more supporting evidence. It may be that you require assistance in appealing the decision to refuse you political asylum in the UK or to grant you leave to remain as the spouse of a British citizen. Whatever your situation, we have a court advocate with expert knowledge of the appeals system who will know best how to present your case and advise you fully on the strength of pursuing your appeal. We are also able to assist where your appeal has already been heard, and you need advice on reconsideration.
Reconsideration is the process where an individual who has unsuccessfully appealed against an immigration decision of any kind can apply to the court to have the decision looked at again in certain circumstances.
Under this process a written application is submitted to argue that the decision of the previous tribunal was wrong, because of a mistake in correctly applying the law. If the court agrees that there may have been an error then there will be a further hearing. At this hearing legal arguments will be heard to decide whether the immigration appeal should take place again.
This could happen where an Immigration Judge has failed to fully take into account important evidence, where he has failed to apply the correct legal principles or where the decision given does not set out properly the reasons that the original decision was reached.
Reconsideration is a complex area of law. It requires particular expertise in knowing the latest immigration rules and any decisions of the courts which interpret those rules. For this reason Duncan Lewis has teams of lawyers who are dedicated to this work, including those who have trained as barristers, who are well equipped to handle the advocacy requirements of the Reconsideration process.
Duncan Lewis has vast experience in
reconsideration applications and appeals
in all areas of immigration law, from human
rights appeals to spouse visa appeals. We
have succeeded in challenging decisions
in a whole host of situations, including
where information that relates to a specific
country has been inaccurately recorded by
Immigration Judges and where the earlier
appeal was considered under the incorrect
Immigration Rules.
We scrutinize the Court’s decision in great detail in every case to ensure that every individual gets a fair and just hearing by checking that there has not been any failure to consider all of the evidence or the personal circumstances of an individual in their earlier appeal hearing.
We have acted in a number of cases that have been reported in the Law Reports and our Advocacy department has an excellent reputation in this complex and important area of law.