How A Decision Can Be Challenged When There Is No Right Of Appeal
In this Blog, we will inform you about how a decision can be challenged when there is no right of appeal.
Right of appeal or right of reconsideration or administrative review is not given where a settlement application is varied so that permission to stay is granted. Although, when the caseworker informs about the change, the candidate may contact and inform the caseworker if there has been an error. It might lead to the grant of settlement if the caseworker acknowledges the decision was incorrect.
Let’s now go through an example from the guidance.
If the candidate failed to meet the qualifying period requirement because they were absent for more than 180 days in 12 months, which according to the caseworker, was not one of the reasons mentioned in Appendix Continuous Residence, the applicant could provide evidence that their absence of more than 180 days was for a legitimate reason. If the eligibility and suitability requirements for settlement are met according to the caseworker, then they must grant settlement.
If the detail provided does not alter the decision to vary or information is irrelevant, another letter will be issued describing why the settlement is not met, and additional 14 days to pay the Immigration Health Surcharge (IHS) or to apply for a fee waiver will be provided.
If the outcome is made to vary the application along with a grant of limited leave instead of settlement, it is advised to accept this by making further payment. There is no right of appeal, but a judicial review of the decision could be possible. The applicant’s leave could be terminated if the application is rejected. As a result, the applicant might face an adverse environment which may have unfavourable consequences, including the applicant’s loss of a right to work. Therefore it is highly recommended to seek legal advice before proceeding any further.
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