UK Immigration Law

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UK Immigration Law
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If a somali national has no criminal convictions that he is

aware of and is refused...
If a somali national has no criminal convictions that he is aware of and is refused naturlisation as a British citizen as he has not met the good character criteria set out by the secretary of state. Does he have the right to find out why? what procedure can we follow to get some answers?
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Answered in 4 hours by:
3/18/2011
CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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There is no right of appeal to a refusal of citizenship. The only recourse open to him would be to threaten the Home Office with judicial review on the basis that they have not provided sufficient reasoning for their decision and if this doesn't work, issue judicial review proceedings in the High Court.

 

This can be a complicated legal procedure and so you will need to enlist the assistance of a solicitor to ensure that your letter before claim and subsequent judicial review application are legally correct.

 

You also have to issue your claim in the courts within 3 months of the decision and so it is important that you act quickly. It is possible to make an application outside of this time limit but it will be up to the court as whether they accept your reasons for not making the application in time as valid. They are under no obligation to do so.

 

 

CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
Verified
CharlotteSJ and 87 other UK Immigration Law Specialists are ready to help you
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Customer reply replied 6 years ago

Hi charlotte,

 

I was about to ask you another question and i press accept instead of send question. Can i please ask you a follow on question from your answer?

If it relates to the same issue then of course you can. If it relates to a different issue, you will need to start a new thread.

 

Thanks

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Customer reply replied 6 years ago

Hi Charotte,

 

I was asking how much the high court costs on average?

 

And also we believe that they refused due to a suspicion on character so can we get the human rights committee involved at this stage.

 

Thanks again

The costs in a judicial review can be thousands of pounds depending on how far it goes and how much your solicitor and barrister charge you. Alternatively depending on your income, it may be possible for you to get legal aid. The solicitor will need to assess your case and if they believe that there is more than a 50% chance of being successful and your income is below the current threshold then you can get all of your legal advice and representation for free. Legal Aid will cover the court costs as well.

 

You will need to contact an immigration solicitor who has an LSC contract in immigration or public law and they will be able to advise you on whether you qualify for legal aid by doing an income and expenditure calculation. You can find details of providers in your area and do your own calculation at http://www.legalservices.gov.uk/civil/guidance/eligibility_calculator.asp

 

I'm not sure exactly who you are referring to when you talk about the Human Rights Committee as there are a number of human rights organisations in the UK. I would advise you seek detailed legal advice on your situation first and that solicitor will then be better placed to advise on what other organisations to get involved.

 

Thank you.

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Customer reply replied 6 years ago

Great

Thank you so much i'll definetely use you again. take care charlotte

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CharlotteSJ
CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
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Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.

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