In a recent immigration matter, Nara Solicitors successfully defended the rights of an international student after his valid entry clearance was cancelled upon arrival at Heathrow Airport.
The Border Force alleged false representation regarding English language requirements and issued removal directions for 24th December 2024 at 2:40 PM.
By the time we were instructed at 9:00 PM that evening, the client had already signed an Administrative Review (AR) waiver form, waiving his right to challenge the decision through Administrative Review. This waiver led directly to the issuance of removal directions. Despite this challenging position, we acted swiftly to protect the client’s rights.
Demonstrating unwavering commitment, the Founder of the firm, Mr. Nara, personally swung into action, working tirelessly through the night without sleep to ensure the matter was handled effectively.
We promptly contacted the Border Force and submitted a comprehensive Pre-Action Protocol (PAP).
The PAP outlined significant procedural flaws, including the alleged coercion of our client into signing the AR waiver form without adequate explanation of its consequences, rendering it procedurally invalid.
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In our representation, we emphasised the Border Force’s failure to ensure fairness and adherence to established legal procedures, including the absence of a “Minded to Refuse” letter, which deprived our client of an opportunity to respond. We argued that the cancellation of entry clearance was both procedurally and substantively unjust.
Recognising the urgency, we gave the Border Force a deadline of 5:00 AM on 24th December 2024 to defer the removal directions and reconsider their decision. With just 41 minutes to spare, the Border Force responded, agreeing to defer the removal directions and consider our representation.
Later the client was released on immigration bail.
This ensured that our client’s removal was deferred and his right to a fair review of the allegations was upheld.
This outcome demonstrates Nara Solicitors’ dedication to securing justice for clients through swift and precise legal action.
The tireless efforts of Mr. Nara and the team ensured that fairness prevailed in a time-sensitive situation, reaffirming our commitment to protecting the rights of individuals in immigration matters.
