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Asylum and Immigration Tribunal

Where you have the right of Appeal.

A refusal of permission to remain by the UKVI will trigger a right of appeal to the Immigration Tribunal in only certain specific instances. These tend to be where the decision is a breach of a person's rights under the European Convention of Human Rights, the Geneva Convention for the Protection of Refugees, or rights that have accrued under European Union Law.

State the reasons for your case from the outset.

Any information that is relevant to either of these claims are clearly set out at the stage of application so that the Home Office recognize that you have an appeal right.

Act promptly

If a right of appeal arises, then it is vital for the appeal to be lodged within the time limits set out, and the reasons for challenging the decision to be clearly stated. If the Home Office deny that you have a right of appeal , you should seek legal advice immediately.

Generally

The Immigration Tribunal is divided between two tiers. The first tier, is a Tribunal of fact. Although the lowest of all judicial tiers, it is the most important, as it is at this level , that the Judge decides what is true and what is not true. All superior courts are confined to settling questions of law. They are limited to identifying whether on the evidence given before the first Judge , he was fair or unfair in the way how he reached his conclusions.

It is of the utmost importance that all evidence in support of your case is submitted for the first appeal. As many appeals rely upon a dispute of fact, an assessment as to the likely chances of success on appeal will depend upon providing the evidence to support your version of events.

As your representative we will -

Advise clearly on the specific strengths and weaknesses of the case
Take time to elicit your version of events
Set out clearly, and pursue vigorously, the proof required to substantiate your case
Keep in continued dialogue as the matter progresses to a full hearing
Prepare the bundle of evidence, witness statements and legal arguments for your appeal
Represent you at the Appeal Hearing.

Dominic Magne read Law at St John's College Cambridge.

He has worked continuously in the field of Immigration, Nationality and Asylum law since 1992.

He was called to the Bar in 1997 and qualified as a Solicitor in 2001. He established MAGNE & CO Solicitors the same year

As Solicitor Advocate , he will prepare the evidence and present the appeal.

• You will not have your case prepared by some one who has never been before a Judge.
• You will not have your day in court, led by a stranger.
• You will not have your case passed from one person to another.

Dominic Magne, who has been presenting appeals since 1997, will have conduct of your case from the first instruction until the appeal is fully determined. This means that your case will be prepared for trial from day one.

Our job is to look after you.

Contact us on 0208 399 3939 or by email : post@magne.co.uk for advice and assistance where you have received a refusal on your Immigration application.

Further Information

As an illustration of the care we take in each case, we invite you to view some of these case studies.

Case study - Deportation of a Great Grand Mother

Where an assessment of a decline in diary entries over the previous five years led the Home Office to concede an absence of appropriate care in Australia for a ninety three year old who faced terminal decline in solitude.

Case study - Two decades underground and twenty years of street fashion.

- Where , absent documents, photographs of portable technology worn in crowd scenes corroborated witness statements of long term presence in the United Kingdom.

Case study - Discrepancy in declared earnings

Where the paper trail showed honesty in dealings witht the HMRC, when all presumptions claimed fraud.

Case study - Adult Dependent Relatives

Where a Qualified assessment of cognitive decline undertaken in the mother tongue combined with the likely exclusion of a British Child from Chinese soceity permitted a grand father to stay.

Case study - Disputed Ancestry

-Where DNA tests set against a Clan data – base and a historian’s description of pre independence colonial settlement defined an individual’s Scottish ancestry to within three generations.

Case study - Back packers unable to prove cohabitation

The case had started out on a dispute of cohabitation in Thailand. It turned at the end, on the birth of a baby. In between, we were never certain which of the potential issues were those that will become determinative and so all had to be prepared for.

There are further examples found under the case studies section