IMMIGRATION JUDICIAL REVIEW SPECIALISTS

AS APPEARED IN THE GUARDIAN AND THE TIMES NEWSPAPERS

FREE INITIAL CONSULTATION*

NO WIN NO FEE -  ‘No win no fee’ means if your claim is unsuccessful you don’t pay a penny in Solicitor’s fees*

Hayat & Co.  were established in 1998 and specialise in all aspects of Human Rights, Immigration and British Nationality and Citizenship law.

Hayat & Co. under the direct and immediate supervision of its principal solicitor Amar Hayat have since being established submitted countless Immigration related Judicial Review applications almost all of which have resulted in successful outcomes for their clients.Since 2013 Hayat & Co.  has continued to maintain this impeccable success record with almost all of its Judicial Review applications being successful. This stems from the firms unrelenting desire to provide their clients with the best possible service and to ensure whereever and whenever possible that justice prevails , an approach which has and is ultimately reflected in its success.

Hayat & Co.  enjoy an excellent success record in this area of Law.  Since being established Hayat & Co. have on countless occasions dealt with  extremely challenging cases which other firms were known to regularly decline   due to complexity or inexperience.  Hayat & Co.  were nearly always  successful in those cases. Hayat & Co. therefore have considerable knowledge and experience in identifying and recognising cases that are arguable and have merit and  ought therefore to be pursued. As a consequence of this, many  individuals who should have been granted certain rights but were denied ultimately received justice, often when all other legal options and hope  was lost.

Hayat & Co. urge those seeking advice and assistance in Judicial Review cases to make every effort to ensure that they seek the services of a competent and experienced solicitor or firm that specialises in these types of cases. A Judicial Review  will invariably be the last available option open to legal challenge. Judicial Review applications are generally  complex involving the close or narrow interpretation of law or thorough and complicated legal analysis or judicial reasoning.  The preparation and conduct of a case therefore requires meticulous care and skill which should in our view only be undertaken by an experienced solicitor. Unfortunately, Hayat & Co. has seen countless instances where applications have not been pursued in time or have been poorly handled all  at the peril and detriment of the individual. Hayat & Co. wish to deter this from occuring in future wherever possible,  and for individuals to insist and expect the most from their legal representatives.

Our costs for commencing Judicial Review proceedings start from as little as £1,500.00, helped considerably by our low overheads. This compares well to what other firms have been known to quote for the same similar work which is some cases has ranged from £2,000.00 or more. Our turnaround time in dealing with applications  is  highly impressive as most applications are progressed with minimal delay by our offices. Client are regularly and  in most cases informed on the very same day of any developments that occur. All Judicial Review work is undertaken by the principal solicitor Mr Amar Hayat who has over 15 post qualification years of specialist experience in Human Rights, Immigration and British Nationality law including over 10 years experience in Judicial Review cases alone.

Judicial Review cases operate under very strict deadlines and can only be extended in certain very exceptional and rare circumstances, so please ACT NOW to protect your interests a receive  a low cost but very effective solution to resolving your case.

Agreed Fixed Fee:We will charge you a fixed agreed fee starting from £1,500.00 for our  service in relation to the initial stage of serving a letter before claim prior to filing a paper application in seeking permission to apply for a full Judicial Review hearing in the High Court. The overall agreed fee will ultimately depend on the complexity of the matter as well as urgency based on Mr Hayat’s assessment of the case. Judicial Review applications made to the Upper Tribunal start from as low as £500.00 and upwards again depending once again on the issues and complexities involved.

DISCRETIONARY LEAVE TO REMAIN APPEALS

**If you have unsuccessfully applied for Discretionary Leave to Remain through another firm, then if depending on your circumstances and the facts of your case, you may be entitled to  challenge the decision by way of a Judicial Review application in a Court of law**

*No Win No Fee

• We can act for you on ‘No Win No Fee basis’ following the refusal of your Discretionary Leave application if we assess that the chances of success in challenging your  refusal is in our opinion ‘reasonably good’ or otherwise sufficient in order for us to undertake the risk of doing so. The fee charged on a ‘No Win No Fee basis’ starts from £2,399.00. If the challenge against the Discretionary Leave refusal is unsuccessful then you will not have to pay anything towards our profit costs or ‘the solicitor’s legal fee’.

• You will however, as is market practise with all other firms, still be responsible for paying any disbursements incurred on your behalf e.g. any barrister’s fee, court fee, postage etc. - meaning this is regardless of the outcome of your application.

To discuss any aspect of our service or to obtain a quote for your case:

Telephone: Mr Hayat directly on 0208 360 4485

 (24 Hours)

or Email: info@hayatandco.co.uk

General Information (non-specific)

Immigration Appeals

Although consecutive governments have often sought to limit the right to judicial redress for immigrants most categories of immigration applicants who have had their applications refused are entitled to a right of appeal. Hayat & Co. will act diligently and vigorously to ensure this right before an independent decision maker is always wherever and whenever possible preserved.

Hayat and Co. are fully involved in the preparation and presentation of all appeals both before the Immigration and Asylum Chamber of the First Tier Tribunal and in onwards appeals to the Upper Tribunal and where appropriate to the Supreme Court. Any agent or barrister instructed by Hayat & Co. o behalf of a client will be a specialist in that particular field with a proven track record and whose work will be closely overseen at all times.

In-country Appeals

Where an immigration related application is lodged within the UK and is refused the applicant will almost invariably have a right of appeal. An appeal must normally be submitted within 10 working days of receipt (or deemed receipt) of the decision.

The process of appealing an immigration decision within the UK can usually take between 2-4 months.

An individual can remain in the UK lawfully whilst their appeal is under consideration.  However, where they travel outside the UK during this time they will be deemed to have withdrawn their appeal.

Out of country Appeals

Where an application for entry clearance (a UK visa) is refused this will usually attract a right of appeal. Such an appeal must be submitted within 28 days of the date of decision.

The Entry Clearance Officer making the original decision will then review that decision and in light of any evidence together with the grounds of appeal. In some cases, the decision can be reversed at this point. Otherwise the case will proceed to a hearing before the First Tier Tribunal, in the Immigration and Asylum Chamber.

The process of appealing a decision taken outside the UK can take vary and take anywhere but usually between 6-12 months.

When can you Judicial Review

The need for a Judicial Review usually arises when for example a claim for asylum, discretionary or indefinite leave to remain or a UK entry clearance application has been refused. In the majority of cases there is no right to appeal against the refusal decision and therefore the only option left available is to apply for a Judicial Review of that decision in the High Court.

Judicial review is the means by which any individual can seek redress against any public body e.g. the Home Office or a Court Tribunal where there are no further  appeal rights available. Typical scenarios might include an application for judicial review of the Home Office’s refusal to unreasonably grant a naturalisation application; or to request an order to compel the Home Office to make a decision on an application that has been outstanding for a number of years; or to require the Home Office to grant a right of appeal where they are refusing or have delayed in doing so; to seek a review of a public body decision on the grounds it is wrong in law or very unreasonable and unfair.

In order to succeed with your claim for Judicial Review you will, amongst other things, have to show that:

• the immigration authority is under a legal duty to act or make a decision in a certain way and is unlawfully refusing or failing to do so; or

• a decision or action that has been taken is ‘beyond the powers’ of the immigration authority.

If the immigration authority acted illegally (e.g. there was an unreasonable, excessive delay in reaching a decision on your case etc.) or irrationally or the decision was reached unfairly then you can apply to the High Court for permission to lodge your judicial review claim. All claims for Judicial Review must usually (except for decisions made by certain Courts) be filed promptly and in any event not later than 3 months after the grounds to make the claim first arose.

Judicial review is only concerned with the lawfulness of the decision making process. It cannot consider the merits of any decision. It will not interfere with the discretion of a public body unless the public body has acted unlawfully.

Whatever your circumstances, we can advise you about appealing a decision, as well as the possibility of applying for a Judicial Review. As part of our consultation we may indicate our view on the prospects of success (highlighting in some cases the advantage and disadvantage of any appeal or Judicial Review), the cost implications as well as any alternative courses of action.

Judicial Review cases are dealt with under strict deadlines which can only be extended in certain exceptional circumstances, so ACT NOW for a swift, cost effective, one-stop solution to resolving your matter.

To discuss any aspect of our service or to obtain a quote for your case:

Telephone: Mr Hayat directly on 0208 360 4485

 (24 Hours)

                                         or Email: info@hayatandco.com

*Free initial consultation is subject to terms & conditions and will be limited to our gaining an understanding to the background of your case and assessing whether in our opinion there may or may not be any options available to you. We will not provide any general or specific advice which we consider you might seek to rely on as this could in our opinion attach legal liability upon which we cannot offer free advice. Please contact us for further details.

*No Win No Fee is subject to our terms and conditions and will only be offered by us if we assess that the chances of success in your Discretionary Leave application are in our opinion sufficient for us to undertake the work on this basis.