There have been a great many enquiries and word of mouth referrals to me as a direct access immigration barrister in respect of those who have applied for ILR only to be refused on account of a mistake made many years ago which has come back to haunt them.
I have had cases where people have sought to rectify the mistakes six months or so before the application was made still have their application refused. I have equally had people who only discovered the mistake after the refusal.
Recently I had an excellent result, in this case the individual only discovered that there were problems with the tax returns after the refusal. He came to me and we brought an appeal, fortunately he had such an appeal. We explained to the Judge the circumstances that lead to the mistake, he had some tragic family circumstances.
The case turned on whether or the Judge believed the client. It was as simple as that. Indeed I have had much stronger cases. We had numerous conferences and the client committed his all to winning the case. The case was well prepared. There was evidence relating as to why the figures did not match up, which backed up his story.
The Judge not only allowed the appeal but did so very quickly. This was an excellent result as the Applicant and his wife had a small child and this result meant that their lives were set for life and I cannot think of a more deserving family. I was happy to be part of a successful claim.
What I take from this case is that it is very important that the evidence is put together as clearly as possible. If you have supporting evidence gather it and put it together in a coherent way. Once you have done that then you are in a better position to move the case forward and to win the appeal.
If you or a family member are facing an appeal / judicial review against the refusal to grant Indefinite Leave to Remain either on the basis of 10 years (under Immigration Rule 276B-C) or less as a Tier 1 Migrant please feel free to get in touch if you have been refused or have an outstanding brief as the next blog makes clear.