At Nara Solicitors, we take immense pride in our commitment to safeguarding the rights of our clients. This success story highlights how our timely action and expertise protected a student facing removal and allowed them to continue their studies in the UK.
The Case
Our client, an international student on a Student Route visa, was detained by immigration authorities for allegedly breaching the conditions of their leave by working more than the permitted 20 hours per week. The student, however, asserted that they had strictly adhered to the immigration rules and had only worked within the allowed 20 hours during their university vacation period.
Following detention, the student was served with a Notice of Cancellation of Leave, citing a breach of immigration rules, and their removal to India was scheduled for 21 January 2025.
Our Intervention
Upon reviewing the facts of the case, our legal team at Nara Solicitors identified key procedural and evidentiary flaws in the authorities’ actions:
- The student had not been given adequate opportunity to present their evidence.
- The Notice of Cancellation was issued without sufficient grounds or evidence to support the allegations.
- The detention itself appeared unlawful, given the lack of proof for the alleged breach.
With these findings, we swiftly initiated a Judicial Review (JR) to challenge the Notice of Cancellation of Leave. The grounds for the JR highlighted procedural unfairness, lack of evidence, and failure by immigration authorities to provide the student an opportunity to be heard.
Impact of the Judicial Review
The submission of the Judicial Review created an automatic legal barrier to the student’s removal. This meant that the removal scheduled for 21 January 2025 had to either be canceled or deferred until the outcome of the JR was decided.
Upon notifying the detention officer of the JR submission, the removal directions were officially deferred, granting the student much-needed relief and an opportunity to present their case.
The Result
Through our timely intervention, the student’s immediate removal was halted.
This crucial step also ensured the student could continue their studies without interruption and challenge the baseless claims against them.
Our Commitment
At Nara Solicitors, we are dedicated to protecting the rights of our clients, especially in situations where they are vulnerable to procedural injustices.
This case underscores the importance of acting quickly and strategically to ensure that individuals are not unfairly removed or penalised without due process.
If you or someone you know is facing a similar situation, our experienced team is here to provide guidance and representation to protect your rights.
