Judicial Review Permission Granted in ETS Refusal Case
- Aejaz Mussa
- Sep 20, 2019
- 2 min read
This case concerned an applicant who last remained in the UK as a Tier 1 Entrepreneur.
When the applicant applied for further leave to remain as a Tier 1 Entrepreneur, his application was refused on the basis that Home Office alleged that the Applicant had used deception in using a fraudulently obtained ETS certificate in a previous application. However, the Home Office did not give the Applicant an in-country right of appeal. We successfully argued before the Upper Tribunal that the Applicant should be granted permission to bring a Judicial Review claim.
How This Case May Apply to You
The decision in this case applies to all immigration and visa applications that have been refused on deception grounds under paragraph 322 of the Immigration Rules without a right of appeal. In such cases, the applicant would have to consider Judicial Review as the only option to challenge the decision. Judicial Review is a very complex process and should not be pursued without an immigration lawyer assessing the merits of the claim.
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