Sharan Rupra, a specialist immigration lawyer at Kangs Solicitors, outlines a recent case which demonstrates the failure of the Home Office to present its own case in a satisfactory manner before the Courts.
Sharan Rupra was instructed to represent a Pakistani National who had an application rejected for further leave to remain in the UK as a carer for his nephews, as their mother, (his sister), was deemed unsuitable due to her mental health. There were no other family members who could look after and care for the children.
Sharan Rupra took the client’s instructions and fully prepared his case which included the drafting of all witness statements, collation of evidence, preparation of detailed court bundles and representing the client at the Immigration and Asylum Tribunal.
The case required meticulous preparation including the examination of Chapter 17, Section 2 of the Home Office guidance governing applications for leave to enter or remain as a carer.
This detailed preparatory work proved extremely worthwhile as the Home Office was forced to review their decision given that, in the light of the failure to consider its own policy, the Judge decided to adjourn the Appeal to enable the Home Office to reconsider such decision.
A Case Management Review Hearing took place after a period of eight weeks at which the Home Office not only failed to meet the court directions which had been set by the Judge but also failed to give an explanation to the Court as to why they had not reconsidered their decision.
The Court was not impressed with the position and the Judge made an order that the matter should be listed for a substantive hearing at the next available date in order to fully examine the details of the application.
How can we help with Immigration Law problems? | Immigration Lawyers
The Home Office is not always right and many times it simply fails to follow the prescribed procedures.
This case is a typical example of the lack of consideration given to the policies and guidance which should be followed by the Home Office.
This causes delays in the decision making process and often leaves applicants in a somewhat precarious position.
At Kangs Solicitors we are experienced in a wide range of immigration law matters and we will seek to utilise our specialist knowledge to ensure that the Home Office is held to account in its decision making procedures.
We can offer early and effective advice to clients to safeguard their immigration position.